The current pandemic is having an enormous impact on Australian families, particularly those who currently have family law orders to follow through.

What is expected by the Court during this unprecedented time?

  1. The best interest of your child is imperative and ensuring the child’s safety and wellbeing should be the priority.
  2. Coupled with each parent’s responsibilities to act for the child’s best interests, parents are still expected to comply with court orders. That being the case, time stipulated for the child to spend with each parent should be followed through.
  3. However, during this unprecedented time, every family’s circumstances are different, and there may very well be situations where parents are unable to comply with court orders. For instance, there may be genuine safety concerns with regards to changeovers or having a designated contact centre which is currently no longer operating.
  4. If able and safe to do, parties should communicate with each other a practical solution to resolve this. The Court has noted that this should be done sensibly and the best interest of your child should be the priority, and each parent are to appreciate each other’s concerns and attempt to revise the current arrangements if need be.
  5. If a new parenting arrangement can in fact be arrived at, even if it is to be adjusted temporarily for the current COVID-19 pandemic, this arrangement should be in writing (e.g. by way of email, text message or WhatsApp).

If you require further guidance in relation to your current parenting orders, please do not hesitate to contact Freedman & Gopalan Solicitors on 02 8917 8700 or send us an email at reception@freedmangopalan.com.au.

 

Seven years after the gang rape and assault of a 23-year-old medical student, which sparked global outrage, four out of the six men involved were executed on Friday for rape and murder, a case that led to a series of protests and changes in Delhi’s system to ensure the safety of women.  

The victim was a 23-year-old physiotherapy student, namely Nirbhaya by the press, as she could not be named under Indian law. Six people were arrested for the attacked, but only four were executed. Ram Singh was found dead in jail in March 2013 after allegedly taking his own life. One of the six was 17 at the time of the attack and served the maximum term possible for a juvenile in India, which was three years in a reform facility. The remaining four, Akshay Takur, Vinay Sharma, Pawan Gupta and Mukesh Singh were sentenced to death by a court trial in 2013. The group was hung in the capital’s high-security Tihar prison, the first executions in India since 2015. 

In the months prior to the executions, the remaining four convicts filed petitions in the Supreme Court, pleading to reduce their penalties to life imprisonment. However, the top court rejected their petitions, including a mercy plea to India’s President Ram Nath Kovind. Along with this, a last-minute appeal to have the death penalties removed were also rejected before the executions.   

Nirbaya was boarding an off-duty bus at roughly 20:30 local time on the 16th December 2012 with a male friend after watching a film. While the bus was in motion, a group of men stole the pair’s belongings and proceeded to take the victim to the back of the bus where they raped and assaulted Nirbhaya with iron roads, according to court documents. They also stripped and beat her friend, who they held down during the attack. Both were then thrown out on the roadside to die, but not before the men tried to run them over. Passers-by found the two naked and bloodied, and alerted the police. Nirbhaya died two weeks later in a hospital in Singapore, where she was transferred for further treatment once her conditions in New Delhi was worsening.  

This incident prompted global outrage and led to the creation of new anti-rape laws in India. Protestors had occupied main streets, mostly young men and women, turned up at India Gate in the centre of the city, forcing police to use water cannons to disperse the crowd. Protests continued in Delhi and numerous other cities for two weeks, which was the number of days it took for the victim to succumb to her injuries. In an attempt to stop rising public anger, the Delhi government declared numerous measures with the intention to make the city safer for women, including more night patrols by police, checks on bus drivers and the banning of buses with dark windows. This attack also gave way to a national debate on the treatment of women.  

As I complete 22 years of my professional years, I was asked by my friend whether I am actually happy and whether I enjoy the legal profession?

I vividly remember my graduation day and Admission day (at Sydney Uni campus 1997 and at the Supreme Court of NSW 1998) like it was yesterday. Those days were filled with joy, hope and youthfulness. The young blood wanting to make a change in the world… wanting to be the change and do amazingly well to make all my loved ones and clients proud.

But as the years roll along, days into months, months to years and years to decades… and here I am 22 years later, well into my professional life. I have learnt many lessons and am grateful for the same.

I wish to share 22 snippets that I have learnt and follow each day:

  1. Love what you do and do what you love.
  2. Being a solicitor who predominantly deals with Family Law, it is a true blessing to be able to have a job, where you can serve people during their times of distress and make a difference during their difficult times.
  3. One is gifted with new 24 hours each day filled with new opportunities to explore and new lessons to learn - for each day teaches you something for sure.
  4. Never compromise integrity or truth and justice will certainly prevail.
  5. Power of compassion and kindness should never be underestimated- for they are real rare commodities in this era. Hence I love how my team works with the motto,  “People over profit”.
  6. I am grateful for the amazing gurus, mentors and angels that I have been blessed along the professional journey, who have helped me get to where I am today - always hang onto the wonderful mentors you have, ask for guidance when you need it and be willing to learn and correct yourself at all times.
  7. Feel super blessed to have had wonderful clients along the way- at the end of the day, people can tell if you truly care and once they know you do, there is implicit trust in the relationship that you build.
  8. There will always be someone doing their best to pull you down- that’s just a fact of life. I am still learning to accept it with a smile and tell myself, “Let them do what they love doing and I shall continue doing what I love to do”, for there is no joy gained trying to prove yourself or your side of the argument to them.
  9. “Appreciation is a wonderful thing. It makes what is excellent in others, belong to us as well” ~ Voltaire ~ always lift others around you. It motivates others and inspires you even more to excel further.
  10. Respect comes to you, when you give it. So give it at all times, regardless of who they are.
  11. Time is the rarest commodity that no amount of money can buy. Hence I try and always be on time for any appointment. It shows that you respect the other person immensely.
  12. Never be under-prepared and being in the legal industry, you do not have a choice either.
  13. There are times when the world can be a cruel place and people can be mean. Do not feel bad to come to your room or sit in your car and cry out loud and let it go. Deal with your emotions so that you can be calm, composed and most professional at all times and the world does not have to see what you are going through.
  14. Its only with age that I have realised that I need to take care of myself as well - in the mad rush of always taking care of your boss, your client, your team, your family, your friends and foes, you forget to take care of yourself. You need to be replenished so that you can always give. So resort to what ever it takes to fill your  “CUP” whether it is sports, yoga, music , dance, a slice of cake or anything else.
  15. Work will always be there - but life slips by so quickly and so unnoticeably….. so I am learning to find JOY in every day and JOY in the journey- I realise that each day gifts us with at least one joyous moment and one lesson to learn - cherish that.
  16. As elders always tell you, there is no shortcut to hard work and success. And the reward you can reap solely depends on what you can put in. It’s that simple.
  17. There are plenty of times, you get fearful… but the art of learning and progressing is to ensure that this fear does not stop you.
  18. Life of a small business owner is far from an easy joy ride, but the joys reaped from the victories and achievements are multi fold and makes it all worthwhile.  And of course, your backbone is the wonderful and reliable team (who are indeed your family away from home) who represent you, your values and the firms goals. I am most grateful for the lovely team at F&G land - Thank you “A” team.
  19. Success to me previously meant to climb the corporate ladder, aiming to achieve the titles associated with each roles. But my family, wonderful team, clients, courts and peers have taught me over the years that true meaning of “Success” is to be a good person and to treat others right.
  20. Being positive, come what may and regardless of whatever situation you are placed in helps. Positive outcomes are achieved at all junctures if there is a positive attitude.
  21. Being grateful- for every case, every experience, every day, every moment is a blessing. And if of course, one’s professional journey can be made joyful and memorable, apart from being successful, you are indeed blessed.

I have learnt many lessons and am grateful for the same. And I look forward to many more wonderful experiences in the years to come.

With thanks, gratitude for the challenges and  love that I am continued to be surrounded with each day.

 

Superannuation is the regular payment made into a fund by an employee towards a future pension. In Australia superannuation is compulsory, meaning that there is a minimum percentage of income which must go into a super fund. There are certain protections around spending the money in a super fund.

For many people, it is one of their most valuable assets, alongside the family home. However, many people do not consider their superannuation fund when separating from their partner or spouse.

In a family law property settlement, super is considered an asset, alongside other assets such as the car, home and bank accounts. It can thus be subject to a splitting Order, wherein each party will receive a part of the super fund. Parties may also agree not to split the super, and decide that the party who does not receive the super fund will receive more of the other assets.

Why is superannuation so important? Why can't the parties just keep the fund in their own name?

In many cases there is a great disparity between the super fund held by a female party and that held by a male party, with women generally holding less super. In 2015-16 the overall gender difference in superannuation balances was 3.8%. The average men's superannuation balance was nearly twice the size of an average woman's.

This disparity can happen for a multitude of reasons, such as:

This is particularly relevant, as life expectancy for women is generally longer and thus retirement savings must stretch over a longer period.

Therefore, while important for both parties, it is particularly important for women to consider super one of the matrimonial assets which should be considered when splitting the asset pool after separation.

If you would like to enquire about any of the issues raised above, please do not hesitate to contact Freedman and Gopalan by calling 8917 8700 or by filling out the enquiry box.

 

 

As Australian school children are heading back to school this week, here are a few things to remember:

1. Children are legally required to be enrolled in school

By their 6th birthday, children must be enrolled in school or registered for home schooling. Children may go to school earlier (if they turn 5 years old on or before July 31 then 4 year olds may start school that year), but the mandatory age is 6 years old.

Children can enjoy free tuition at public schools run by the NSW government, unless they and/or their parents are temporary visa holders, in which case education fees may be charged.

If you are moving interstate or from overseas, it is worthwhile talking to the school principal about which year level they should enter.

2. School Zones

School going back means school zones are back in operation. The limit of 40km/hr around schools help protect children on their way to and from schools at the times and places where children are moving around in high numbers. The Term 1 school zones will be in effect on Monday to Friday, until Thursday 9 April when the school holidays will commence. They operate from 8am to 9.30am, and 2.30pm to 4pm.

3. Parenting Arrangements

If you and your ex-partner share custody of your child and have a parenting arrangement in place, the changeover may occur at school pick-up and drop-off. It is important to follow the parenting arrangement that you have agreed with the other parent, and give plenty of notice to the school and any relevant parties if there will be changes.

If your child is transitioning from pre-school to primary school, or from primary school to high school, your parenting plan may need to be updated. The location and/or times of pick-up and drop-off will likely have changed, and all parties, including the child, need to be appear of the altered arrangements.

If you would like to enquire about any of the issues raised above, please do not hesitate to contact Freedman and Gopalan by calling 8917 8700 or by filling out the enquiry box.

 

 

 

Within our society, we rely on the police to maintain public order and safety, to enforce the law and to prevent, detect and investigate criminal activities. We trust the police to carry out their role in accordance with the law and within the limits of their power.

While it is the role of the police to protect the public, it is the public’s role to keep the police accountable. Whether you are dealing with a noise complaint, or being asked for identification, it is imperative that you know your basic rights when dealing with the police.

What to do when police ask for identification?

If you are over the age of 18, you are required to provide the police with your name and address.

If you are under 18, you only need to provide the police with your age. You have the right to ask for a parent or lawyer to be present, in the process of questioning.

It is important to know that the police cannot ‘arbitrarily’ question people. They must have reasonable suspicion of your engagement in something unlawful before they start questioning.

What to do when police ask to search your car?

Where a police officer pulls you over with reasonable suspicion, for example, to inspect the smoke coming out of the back of your car, they can then use that as a reason to search your car. Subsequent to the search, the police can seize any unlawfully held weapons they find in the search and also seize evidence of other offences found.

Do you have to hand over your phone to the police?

Police do not have an automatic right to search your personal property, such as your mobile phone.

Your property can only be searched if:

The police have the power to stop, detain and search you without a warrant if they reasonably suspect that you are carrying something such as a weapon, illegal drugs or graffiti instruments.

Can I film the police?

You do have the legal right to film police, if it is in a public place, and as long as it does not interfere with the performance of the police officer’s duties.

The police do have the right to stop you from filming if you are obstructing them from carrying out their duties.

If you have been improperly searched or questioned by the police, please do not hesitate to contact the team at Freedman & Gopalan Solicitors on 02 8999 9837, and we will be happy to assist you and answer any queries you may have. 

 

Christmas is a happy time where families and friends can get together and enjoy each other’s company whilst sharing hearty meals and exchanging gifts. However, for families where parents have separated, Christmas can be a stressful time for each other and also for the child involved.

You will want the child to spend with Christmas with you, and in most scenarios, the other parent will also expect the same.

After a family separation, most will negotiate parenting arrangements in order to consider the day to day activities of the child. However, many forget to specifically consider upcoming celebrations relating to Christmas Day and the actual day itself. We would highly recommend for you to start discussions early with your ex-partner in order for you to be at ease before all the busyness that comes with the Christmas period.

We understand that face to face discussions may not be possible in your situation, so perhaps you could try and use email or text to communicate your position. Once an arrangement has been discussed, we would highly recommend that it is written down and both parties have a copy in order to prevent any unnecessary miscommunication, distress and conflict.

If, however you are unable to come to an agreeable arrangement, please do not hesitate to contact the team at Freedman & Gopalan Solicitors on 02 8917 8700, and we’ll be happy to assist you and answer any queries or concerns you may have. 

 

 

The ‘traditional’ or ‘nuclear’ family unit, comprising of mother, father and biological children, is no longer the only way we think and define families.

Rather, the concept of family has developed to take on various forms. Single parents, de-facto couples, same-sex relationships, blended families and adoptive families are among a few of the many familial structures present in our society today.

With an acceptance of a more dynamic family unit, the law has been forced to adapt and respond to accommodate for these changes.

In July of 2019, the High Court of Australia was forced to deal with the question, can a sperm donor be considered as a legal parent of a child?

This question was presented to the High Court after sperm donor, Robert Masson, applied to the Family Court in an attempt to prevent his friend, and the mother of the child, Susan Parson, from relocating to New Zealand with her female partner. A move that would have effectively separated him from his biological daughter.

Mr Masson, who was listed as the father on the girl’s birth certificate, told the court that he agreed to donate his sperm to his friend, on the agreement that the would be involved in the child’s life.

The child was conceived in 2006 and in the intervening years, the child refers to Mr Masson as “daddy”. Since her birth twelve years ago, Mr Masson has also maintained a close relationship with her, introducing her to his extended family, holidaying with her and volunteering at her school canteen.

Upon application to the Family Court, Justice Margaret Cleary wrote that the law recognised parents in different ways. In recognising Mr Masson as a legal parent, Her Honour prohibited Susan and her partner from relocating to New Zealand, ordering that the child is to spend regular time with Robert.

The girl's mother and her wife appealed the decision and won, arguing that Mr Masson was not the legal father, citing NSW Statute in evidence of their proposition. Under NSW state law, a sperm donor is presumed not to be the father of any child conceived using his sperm unless he is the husband or de facto partner of the mother. As a consequence, Mr Masson was presumed not to be the legal parent.

Mr Masson then filed an appeal to the High Court, relying on Commonwealth laws to support his claim of legal parentage. In ruling that Mr Masson was, in fact, a parent of the child, the High Court considered the clash between State and Federal laws. The majority held that Masson had clearly demonstrated, in addition to being a sperm donor, that he had an ongoing involvement and relationship with the child, meeting the definition of “parent” under federal laws. This decision reaffirmed the earlier ruling that the mother and her wife remain in Australia and are to consult Mr Masson on major parenting decisions.

In making this ruling, the High Court has expanded the definition of a “legal parent” to include a sperm donor. However, whilst the effects of this expansion may appear to be far reaching, the implications of this decision is limited.

Only where a sperm donor can demonstrate that they meet the definition of a parent under the federal act, and where the biological mother did not have a spouse at the time of conception, will the Court agree that the donor is a legal parent. Anonymous sperm donors who have not seen or had a relationship with their biological child will not be considered a legal parent in the eyes of the law.

Nonetheless, the complexity of this case highlights several practical issues for both prospective mothers and sperm donors.

Where a sperm donor does not wish to have any parental responsibility over a child, they may now find themselves exposed to the full gamut of responsibility, including child support and inheritance. Likewise, single mothers who do not wish to share parental responsibility with a sperm donor may be faced with parentage orders.

It is therefore in the best interests of all parties involved that a Sperm Donor Agreement be drafted and executed prior to entering into any donor-acceptance arrangements. Although it may not be legally binding, by clearly setting out their intentions in the agreement, both parties will be protected.

If you wish to discuss your options, please do not hesitate in contacting Freedman and Gopalan Solicitors.

 

Pets are an integral part of a family, and increasingly have become a major issue subsequent to a family separation. Not only can a family separation cause emotional stress for either partner, it also affects your children along with the wellbeing of your pet.

Whilst there is no current legislation in Australia that explicitly refers to the living arrangements of pets following a separation, they are, however, considered as part of the general personal property pool and in the same manner as furniture, clothing and other assets.

If you have issues with the custody of your pet like in the scenario where your ex-partner has taken sole custody of your pet without notifying you, you will need to make an application to the court in order to recover your pet.

There are also other things you need to consider: -

  1. The best thing to do in the first instance is to sit down and attempt to negotiate the living arrangements of the family pets together. Consider who the pet has predominantly bonded with and its relationship to each party.
  2. We understand that a family pet also comes with many financial responsibilities, including vet bills, grooming expenses and day to day feeding expenses. For this reason, we would highly recommend for Consent Orders or a Binding Financial Agreement to be entered into between the parties to ensure you would have a legally enforceable agreement to rely upon should any issues in the future arise. This would include considerations in relation to: -
    1. Who the pet would reside with on a day to day basis;
    2. With whom the pet shall be registered; and
    3. Who would be responsible for each financial expense.

If you have exhausted all your efforts with your ex-partner and would like to seek further information or assistance in relation to the custody of your pet, please do not hesitate to contact our helpful team at Freedman & Gopalan Solicitors, and we will be happy to assist you in any manner!

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