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Wanted: When love turns sour, facing the Family court
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With separation and divorce on the rise, this book is a must-have tool for family dispute resolution involving a court of law.
Social change happens all the time and, this century, it is happening faster than ever before. Change directly affects our interactions, our culture, our morality and our relationships. Data from the Australian Bureau of Statistics shows that 49,241 Australians were divorced in 2022, and this figure doesn't include the break-up of de facto relationships.
For some people, their separation is a licence to freedom but, to others, it can represent upheaval and desperation. Some individuals will follow modern-day trends and choose an alternative lifestyle to marriage. But, no matter what the individual effects of separation, one thing that does not change is the great mental and physical struggle which results from custody battles and the division of property by the Family Court. For this reason, parties entering into or leaving relationships need to understand the laws and how the system works. There are laws aplenty, but the question is how these laws can help separating parents in their time of need.
This book critically considers issues routinely presented to the Family Court, along with the pro and cons of even taking a dispute before the court. With legal issues being explained and supported by examples to assist the reader to understand the legal system in regard to Family Law, this book would be particularly useful for those who intend to be self-represented litigants.
The author has focussed on the needs of parents and the legal issues which occupy their minds, including:
• How can the court operate fairly in a capitalistic society?
• Do parents need courts to settle their disputes?
• How beneficial has the Family Court been in the past 50 years of its existence?
What influence does the length of a marriage have on court decisions regarding the division of property?
• Why does it seem that the assets of parents are largely divided with their lawyers?
If we are prioritising the best interests of children, why are their needs sacrificed, and why are they often unnecessarily alienated from a parent during a custody dispute?
• If the court's primary consideration is the best interests of children, why do children need to suffer physically and emotionally as a result of a seemingly unending court process?
• When parents fight bitterly in court, how can they then be expected to adhere to friendly arrangements that promote the wellbeing of their children?
• If an agreement can be mutually agreed upon and can be in accord with the dictates of the Family Law, why can it then be dismissed when presented to the court?
• Why are court processes so long and so expensive?
• When decisions are based on the balance of probability (in a minimum ratio of 49/51), why is there a need to wait years for a judgement?
• Why do litigants need to submit comprehensive affidavits when they are hardly looked at in court?
• Do the judges always follow the rule of law?
• What factors affect judges’ judgements?
• Are family issues inherently complex or do they become complex as a result of the involvement of the Family Court?
In attempting to provide answers for these compelling questions, the author has described complex issues in simple terms. From lecturing students at universities, he knows that simplicity and clarity are the best approaches for ensuring understanding.
It is his desire in this book to present family courts and laws from a positive and approachable perspective, and challenge common beliefs regarding the allegedly complex nature of family issues, and the widely held fear of family law, the court, lawyers and, to a great extent, judges. The aim is to give Family Court litigants more confidence and to level the playing field for anyone appearing before the Family Court, even those law students who dream of becoming the family lawyers of the future.
Social change happens all the time and, this century, it is happening faster than ever before. Change directly affects our interactions, our culture, our morality and our relationships. Data from the Australian Bureau of Statistics shows that 49,241 Australians were divorced in 2022, and this figure doesn't include the break-up of de facto relationships.
For some people, their separation is a licence to freedom but, to others, it can represent upheaval and desperation. Some individuals will follow modern-day trends and choose an alternative lifestyle to marriage. But, no matter what the individual effects of separation, one thing that does not change is the great mental and physical struggle which results from custody battles and the division of property by the Family Court. For this reason, parties entering into or leaving relationships need to understand the laws and how the system works. There are laws aplenty, but the question is how these laws can help separating parents in their time of need.
This book critically considers issues routinely presented to the Family Court, along with the pro and cons of even taking a dispute before the court. With legal issues being explained and supported by examples to assist the reader to understand the legal system in regard to Family Law, this book would be particularly useful for those who intend to be self-represented litigants.
The author has focussed on the needs of parents and the legal issues which occupy their minds, including:
• How can the court operate fairly in a capitalistic society?
• Do parents need courts to settle their disputes?
• How beneficial has the Family Court been in the past 50 years of its existence?
What influence does the length of a marriage have on court decisions regarding the division of property?
• Why does it seem that the assets of parents are largely divided with their lawyers?
If we are prioritising the best interests of children, why are their needs sacrificed, and why are they often unnecessarily alienated from a parent during a custody dispute?
• If the court's primary consideration is the best interests of children, why do children need to suffer physically and emotionally as a result of a seemingly unending court process?
• When parents fight bitterly in court, how can they then be expected to adhere to friendly arrangements that promote the wellbeing of their children?
• If an agreement can be mutually agreed upon and can be in accord with the dictates of the Family Law, why can it then be dismissed when presented to the court?
• Why are court processes so long and so expensive?
• When decisions are based on the balance of probability (in a minimum ratio of 49/51), why is there a need to wait years for a judgement?
• Why do litigants need to submit comprehensive affidavits when they are hardly looked at in court?
• Do the judges always follow the rule of law?
• What factors affect judges’ judgements?
• Are family issues inherently complex or do they become complex as a result of the involvement of the Family Court?
In attempting to provide answers for these compelling questions, the author has described complex issues in simple terms. From lecturing students at universities, he knows that simplicity and clarity are the best approaches for ensuring understanding.
It is his desire in this book to present family courts and laws from a positive and approachable perspective, and challenge common beliefs regarding the allegedly complex nature of family issues, and the widely held fear of family law, the court, lawyers and, to a great extent, judges. The aim is to give Family Court litigants more confidence and to level the playing field for anyone appearing before the Family Court, even those law students who dream of becoming the family lawyers of the future.
- Date Listed:19/11/2023
- Last Edited:18/04/2024
- Condition:New
- Shipping:Shipping & Pickup
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