Whether the relationship/ marriage has broken down, or you are still in the process of considering ending the relationship/ marriage, here are some practical considerations before walking out: -

  1. Take immediate steps to secure your data

Many couples share passwords and logins to bank accounts and other personal information during the relationship in order to more easily manage the family’s affairs. To ensure your interests are protected, ensure that all your personal accounts and passwords are changed. It may also be worthwhile to establish a new email account, particularly if you intend to retain a lawyer to assist you for your property settlement and parenting affairs subsequent to separating. Kindly start saving all important text messages, emails and photographs. It is imperative that you start recording and taking photographs of events, especially if you have been injured in any manner during a domestic violence incident.

  1. Ensure you have access to some funds

This may vary depending on your individual circumstances, but it highly recommendable that you have a secure sum of money (whether it be funds from your own or joint sources) which can be used for expenses such as obtaining initial legal advice. You may also need to consider monies in relation to setting up new accommodation if you intend on moving out of the premises. This would include a bond, a few months’ worth of rent, utility costs and an amount saved for food and other necessities.

  1. Secure your children’s passports, birth certificates and other important documentation

This is particularly important if your former partner has connections overseas, and there is a chance that the children may be taken overseas without your knowledge. Whilst a Recovery Order may be obtainable in these circumstances, prevention is always key and will give you a peace of mind. You may also want to consider placing your child on the Airport Watchlist if your intention is to commence legal proceedings soon thereafter. We would strongly recommend that you keep the original birth certificate, passport and other important documentation at a safe place that is only accessible to you and your close contacts.

  1. Secure your own documents.

It is paramount that you collate and secure your important documentation. This may include bank statements, tax documents, any registration documents and superannuation documents. You may also need to review your Will and Power of Attorney, and we would highly recommend you obtain legal advice if this is necessary.

  1. Inform relevant people of your separation

For your safety, particularly in domestic violence situations, it is essential to notify you close family or friends that you intend on leaving your partner.

You may also consider notifying your child’s school/ childcare to ensure there are immediate steps taken to ensure there is a joint authority of both parents to remove the child from the premises.

If you have joint bank accounts with your ex-partner, it may also be worthwhile to notify the banks of your intention to separate. This is particularly important to ensure the banks do not act on your ex-partner’s instructions without your consent.

  1. Consider the impacts this will have on your Will. 

If there are considerable assets that you are worried about, kindly ensure that your Will is updated, or you proceed to prepare your Will, in order to ensure that your assets are only distributed amongst your children and does not go to your partner in the event that something happens to you between now and formal separation or property takes place

If you are intending to walk out on your partner, we would highly recommend that you obtain independent legal advice. Our team at Freedman & Gopalan Solicitors is here to assist and guide you through these tough times. Please do not hesitate to contact us on 02 8917 8700 to speak with our lawyers, or feel free to leave an enquiry via email, and we will be in touch as soon as possible.

 

 

High-conflict situations post-separation can lead to the child preferring to spend time only with one parent, or even outright refusing to spend time with or contact the other parent. If this is the result of one parent deliberating alienating the child from the other parent, it is called parental alienation. If this occurs naturally, without manipulation by any parent, it will not be parental alienation.

Parental alienation is the specific process by which a child becomes estranged from one parent as a result of the psychological manipulation of the other parent. It can be a grave concern for some parents who are parenting after separation, and this manipulation can result in a fracture between the parent-child relationship that needs to be addressed immediately.

Examples of parental alienation include:

Parental alienation is both a legal issue and one which needs to be addressed with family therapists and psychologists with experience in these situations. Agreeing the terms of how parenting after separation will operate, with binding Consent Orders, and discussing these issues with your ex-partner is important in terms of not letting the situation go this far.

If you are parenting after separation and feel that the other parent is undertaking emotionally manipulative tactics to influence your child, please contact our offices, and we will assist you in understanding these personality traits and provide you with assistance and support, as well as in depth practical legal advice.

 

There are many reasons why a parent after separation may wish to relocate, or move cities, with their child, including financial stress, employment opportunities and the need to be close to family support. However, relocation is a difficult issue when parenting after separation, as both the child's best interests and the interests of the ex-partner come into play.

Parents may be able to reach an consensual agreement that one parent will relocate with the child while the other parent takes care of the child for longer periods of time in the school holidays and throughout the year. Alternately, both parents may relocate, but continue to be separated. If such an agreement is reached, it is highly advisable that the parties file Consent Orders in court, that outline the terms of the agreement reached.

If there is no agreement, the Court's permission will need to be sought. The Court is generally reluctant to give permission for relocation, given the non-relocating parent will lose significant time with the child. However, if the Court finds adequate reasons for believe the child's best interests are in relocation, then the Court may make the Orders, with arrangements for the other parent to spend set time with the child. The relocating parent has the burden of demonstrating the child's best interests are with relocation, as this is the paramount consideration in the eyes of the Court.

When considering making Orders, the Court will also consider:

If you would like assisting in relation to you or your ex-partner seeking to relocate with your child or children, please do not hesitate to contact Freedman & Gopalan Solicitors to discuss your options.

 

A Costs Agreement and Disclosure Statement is the initial documentation that a client will receive from law practice.

It is advisable to peruse the documentation carefully prior to executing and returning it to your solicitor. The said documentation governs how professional fees will be calculated for the work done, and when/if the disbursements incurred by the lawyer will be payable by the client.

A Cost Disclosure is to be enclosed in the Costs agreement by every law practice. The law practice must disclose details of its costs to you in writing before commencing any work for you. If you have a matter that requires urgent attention, then the law practice must disclose details of its costs to you as soon as is practicable.

There are different types of Costs Agreements. The most common types are the following;

1. Costs Agreement which provides for costs to be paid on a ‘time costing’ basis, that is, by setting out hourly rates which will apply by reference to the time taken to perform work on your matter.

2. A Fixed Fee agreement, which sets out a fixed amount for carrying out the work described in the agreement (which may be for a stage of the matter or for the whole of the matter).

3. No win- No Fee agreement, also known as Conditional costs agreement, which provides that the payment of some or all of the legal costs is conditional upon the successful outcome of the matter to which the costs relate.

In New South Wales, Costs Agreements and Disclosure Statements issued by lawyers are governed by the Legal Profession Uniform Law Application Act 2014, Legal Profession Uniform Law Application Regulations 2015 and the Legal Profession Uniform General Rules 2015. 42553

A few of the rights you have and that must be disclosed in your costs agreement are as follows;

1. Negotiate the costs agreement with your law practice;
2. To receive a bill of costs from your law practice;

3. To request an itemised bill of costs after you receive a lump sum bill from your law practice;

4. To negotiate the billing method with your law practice;

5. To request from your lawyer written reports about the progress of your matter and the costs incurred in your matter;

6. To apply for costs to be assessed within 12 months if you are unhappy with the costs;

7. To seek the assistance of the designated local regulatory authority in the event of a dispute about legal costs;

8. To accept or reject any offer the law practice makes for an interstate costs law to apply to your matter.

Kindly ensure that the Costs and Disclosure Agreement is thoroughly perused and understood and if you have any issues please do not hesitate to contact our offices via telephone on 02 8917 8700.

 

In the highly unusual circumstances now faced by Australian parents and carers, COVID-19 is having a significant impact upon public services. This includes the operation of the Court and the family law system. For example, there may be situations that arise which make strict compliance with court orders very difficult, if not, impossible.

For instance, compliance is challenged where orders stipulate that contact with a parent should occur at a designated contact centre, which has since been closed due to COVID-19. With the closure of many state borders, separated parents who live in different states may also find it difficult to comply with their shared parental responsibilities. In addition, there may be genuine safety issues that have arisen where parents wish to restrict the movement of a child from one house to another, in order to reduce the risk of that child’s exposure to the virus.

We then ask, what does this mean for you? How does COVID-19 affect your Parenting Orders, and what are your responsibilities in these unusual times?

Attempting to offer some guidance on this issue, the Law Council of Australia has recently published a top 10 guide for separated parents during COVID-19.

According to the guide: -

1. Parents must still meet their obligations where regulated by a Court Order, unless there is a reasonable excuse for non-compliance;

2. If arrangements become unclear or cannot be met (e.g. quarantine, travel restrictions, or because schools are closed), parents must use common sense to find solutions to challenges;

3. If a change in the parenting matter is anticipated, a parent must give the other parent plenty of notice and explanations so that adjustments can be made;

4. In the event that time arrangements with the other parent cannot occur, then parents are required to find other ways to maintain the connection with the child. This could include digital communications;

5. Parents are expected to make accommodations to the other parent, only if these accommodations are possible and in the best interests of the child;

6. Parents should strive to be open in their communication with the other party about the things you will each do in your respective households to limit the child’s exposure to the virus;

7. At this time, more than ever, there is a need for parents to find compromise in the interests of the child, so it is vital for parents to be solution focused and to be respectful and compassionate in all engagements;

8. There is a very high possibility that some people may lose their job or experience a reduction in their income during this period. Therefore, parents are expected to be understanding of the financial position and financial worry of the other parent, and should work together to find a solution;

9. Understanding that this situation will not resolve overnight, the Family Law Council recognises that parents will experience higher levels of stress, which will lead to family conflict. It is advised that parents remain calm and offer compassion when engaging with the other parent; and

10. Parents are encouraged to remember that they are the beacon for their children during this uncertain time.

Whilst we can appreciate that these are unprecedented times, we can expect further guidance to be delivered as more is known about the COVID-19. This creates a problem in itself as the information is constantly changing. Parents are therefore required to stay informed about their legal rights and responsibilities.

If you are concerned about COVID-19 and the impact it is having on your family law matter, please do not hesitate to contact us. Freedman and Gopalan Solicitors continue to be able to advise all clients experiencing family law issues by telephone, and arrangements can be made for video conferencing when appropriate.

 

Unfortunately, the current COVID-19 situation and the need to self-isolate at home has resulted in a surge of domestic violence incidents where partners in abusive relationships are living in greater proximity to their abusers than ever before. Below are some tips on what you can do: -

  1. If you or someone you know is impacted by domestic violence, you can contact 1800RESPECT which is a 24-hour national sexual assault, family and domestic violence counselling line for all Australians who are at risk or experiencing domestic violence.
  2. Of course, if you are in immediate danger, call 000 for Police or Ambulance.
  3. In NSW, the Department of Communities and Justice can assist you with accommodation. Due to the current situation, there have also been changes made to residential tenancy laws which in some cases allows you to terminate a lease without penalty if you are experiencing family violence. Further information can be found here: -

https://www.tenants.org.au/factsheet-12-domestic-violence

  1. Remember to always stay in touch with friends and family, even if you can only do so via text message or social media.
  2. Should the situation escalate, and you need to contact the Police, you may be able to obtain Apprehended Domestic Violence Order which is a legal document that will protect you from family violence.
  3. Your mental health and wellbeing are important during these times. A list of services and support contacts can be found here: -

https://www.health.nsw.gov.au/mentalhealth/services/Pages/support-contact-list.aspx

If you are concerned about your legal rights in a relationship, whether it be issues relating to domestic violence, property settlement or child custody, please do not hesitate to contact Freedman & Gopalan Solicitor on 02 8917 8700 for advice.

 

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.

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