Monday, March 26, 2018
Support For Plan To End Proposed Parenting Management Hearings

Cassandra Pullos has endorsed a call to abolish proposed Parenting Management hearings, saying there are better options available.

 


Support For Plan To End Proposed Parenting Management Hearings

Cassandra Pullos has endorsed a call to abolish proposed Parenting Management hearings, saying there are better options available.

 

The Law Council of Australia has called on a parliamentary hearing for the proposed Parenting Management Hearings to be abolished, with funds instead re-invested to reduce “unacceptable” waiting times in the Family and Federal Courts.

Cassandra says Judges need to make the complex decisions about arrangements for children and the system needs to be better funded to allow those decisions to be made promptly. Too often delays cause the most harm.

A controversial $12.7 million family law measure was announced by former Attorney-General George Brandis in the 2017 budget. It proposed a pilot program to initially roll out in Parramatta to allow self-represented litigates to resolve their parenting disputes. A bill to enable this measure is currently before the Senate, the LCA explained.

But Law Council of Australia president Morry Bailes, quoted in “Lawyers Weekly” said the proposed parenting management panel represents a “radical departure” from the established position under Australian law as well as “adding another layer of complexity in what is already a complex system”.

“The making of decisions about matters such as where a child lives, with whom a child spends time, and how a child communicates with a parent, let alone questions of parental responsibility, are matters that are, and should remain, within the remit of judicial decision-making power of judges,” Mr Bailes said.

Family lawyers have described the proposed panel as a worrying move toward downgrading the decision making about children for unrepresented people.

Cassandra says rather than trial untested new initiatives, an excellent alternative is already available- parenting co-ordination.

“What Judges can do is appoint a parenting coordinator at the end of a disputed children’s case – either interim orders or final to assist parents in the implementation of those orders.

“Parenting co-ordinators can assist in on the spot resolution of the disputes that arise out of implementation of orders, particularly ones made after a long period of conflict when the parents “auto setting”, even after orders have been made, is conflict over every issue that arises,” she says.

Cassandra says parenting coordination has been successfully running in America and Canada for several years and is gaining traction in Australia. It works by helping the children of parents who are deeply divided by their divorce process and are unable to agree on a parenting plan.

Cassandra, who is a parenting coordinator, says the role helps parents focus on their children’s’ needs, and provide a “voice” for the needs of children caught up in their parents’ divorce.

The desired outcome is to have parents agree on arrangements for the time their children spend with them and help ensure the process works smoothly.

“It’s not about court orders and so on. It’s about getting parents to address their own relationship conflict problems to best help their children. The best interests of the child can’t be met if the parents are at each other’s throats,” she says.

The Law Council’s view is that the $12.7 million to establish and operate the parenting management panel could achieve a better outcome for children and parents in family law disputes by instead “allocating the funding to improve resourcing of the existing court system, as well as counselling and support services, such as contact centres”.

Cassandra agrees and says diverting the money toward parenting coordination services would achieve much more than the proposed parenting management panel.

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Monday, March 12, 2018
How The Games Will Impact On Family Law

Who would have thought that the Commonwealth Games on the Gold Coast in April would disrupt the practice of family law?


How The Games Will Impact On Family Law

Who would have thought that the Commonwealth Games on the Gold Coast in April would disrupt the practice of family law?

As Gold Coasters prepare to celebrate the biggest international sporting event in the district‘s history, it’s acknowledged the Games will have a significant impact on the city’s infrastructure, and in particular on our transport network.

With so many road restrictions and parking closures scheduled, key services such as the Southport Court will effectively be closed or significantly scaled back during the Games period.

Between 3-15 April Southport Magistrates Court will operate with a skeleton staff and only an arrest court and one domestic violence court able to hear urgent domestic violence matters.

There will be no sittings for the District Court from the week beginning 26 March 2018 for three weeks (ending 15 April).

Details of all Magistrate and District Court changes for the Gold Coast are on the Queensland Courts website at: http://www.courts.qld.gov.au/daily-law-lists/commonwealth-games-court-changes

Cassandra Pullos says the Games disruptions will inevitably impact on the practice of Family Law too. In particular it will mean clients and lawyers travelling to and from the Brisbane Family Court are likely to encounter extensive delays and should plan accordingly.

Detailed information about the possible travel disruptions can be found here:https://www.getsetforthegames.com

The Commonwealth Games will be held on the Gold Coast between 4- 15 April.

 

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Wednesday, January 10, 2018
Domestic Violence Order Scheme Now In Place For Nationwide Protection

Victims of domestic violence now have a new layer of protection thanks to a law change which makes all Domestic Violence Orders issued anywhere in Australia to automatically be recognised and enforceable nationwide.

 

 

Domestic Violence Order Scheme Now In Place For Nationwide Protection 

Victims of domestic violence now have a new layer of protection thanks to a law change which makes all Domestic Violence Orders issued anywhere in Australia to automatically be recognised and enforceable nationwide.

Cassandra Pullos says the new National Domestic Violence Order Scheme (NDVOS) is a landmark step in the ongoing campaign against DV.

She says the previous system was confusing as a DVO issued in Queensland was not automatically recognised in other states or territories.

Cassandra says this had now changed and means domestic violence victims will still be covered by court orders if they cross state or territory borders.

The Council of Australian Governments in late 2015 agreed each jurisdiction should introduce model laws to automatically enforce domestic violence court orders across state and territory borders.

However until recently the scheme was not fully co-ordinated nationwide.

Cassandra says it now means DV perpetrators will be held accountable for breaches of domestic violence orders (DVO’s, also known as apprehended violence orders in other states) even if they occur in a jurisdiction outside where the order was originally granted.

“It’s about making DV offenders fully accountable for their behaviour. Existing state and territory laws to protect victims and affected family members from domestic violence have not changed. Local police will still enforce the conditions regardless of where the DVO was issued."

“However prior to 25 November 2017, DVOs applied only in the state or territory where they were issued. Now they automatically apply everywhere,” she says.

For orders made before 25 November, if you are planning to travel or move to a state or territory different to where your order was issued, you can have your order “declared” a national DVO. This means it can be enforced in all states and territories in Australia.

In Queensland, you can do this by making an application to a Magistrates Court using a form available on the Courts website (see link below). You can also apply to a court in another state or territory.

Cassandra says since 25 November 2017 anyone travelling to or moving to a state or territory different from where they originally received their DVO does not have to do anything as it will apply in all Australian states and territories so the holder will be automatically protected.

“If you want to vary the conditions, named persons or term of your DVO, you can do this in Queensland by making an application to a Magistrates Court,” she says.

Link to Queesnaldn Courts National DVO Order scheme: http://www.courts.qld.gov.au/going-to-court/domestic-violence/national-domestic-violence-order-scheme  
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Tuesday, December 12, 2017
Marriage Equality Laws Resolves Same Sex Divorce Issue For Overseas Marriages

Australia’s historic marriage equality laws which came into effect on Saturday have now resolved a lingering issue for same sex couples who married overseas but have in the past found themselves unable to obtain a divorce.

Marriage Equality Laws Resolves Same Sex Divorce Issue For Overseas Marriages

 

Australia’s historic marriage equality laws which came into effect on Saturday have now resolved a lingering issue for same sex couples who married overseas but have in the past found themselves unable to obtain a divorce.

Cassandra Pullos says until Saturday those people were caught in a legal grey area. They could not get a divorce here because their marriage was not legally recognised.

They often could not obtain a divorce in the country in which they married because of the residence or domicile prerequisites of those countries for people seeking a divorce.

But after amendments to the Marriage Act that were passed by Parliament last week and came into effect on Saturday December 9, couples who married overseas are now legally recognised as married, and are therefore also eligible to apply for a divorce in Australia.

Media reports state a Perth same sex couple may be the first to divorce under Australia’s marriage equality laws. A Perth woman who married her long-term partner in 2015 at the local consulate of a European country where same-sex marriage was legal, reportedly later separated.

However the couple discovered Australian marriage laws prevented them being divorced as the marriage was not recognised here – and the country in which they married wouldn’t allow them to divorce there because they were required to have been a resident in that country for 12 months prior to the divorce being applied for.

Cassandra says the Perth couple, like others, would have found Australia’s situation an unintended consequence for those who took advantage of more liberal marriage laws overseas but later found themselves in a difficult position of simply not being able to legally end their (overseas) legal relationship of marriage.

Many countries, such as New Zealand, do allow for divorces for couples married there if they were not legally domiciled in New Zealand at the time the divorce is applied for. Others, like Canada have a rule requiring couples wanting to divorce there to have lived in Canada for 12 months prior to the divorce.

Cassandra says this state of limbo left people unable to remarry and thus left open all rights married spouses (who might be separated but not divorced) have against one another.

“One example is the right to bring a claim on the death of a spouse where no provision has been made for the survivor in the Will of the deceased spouse.

“There’s also the right to be considered for the distribution of superannuation benefits on the death of a spouse. The flow-on effects of our much-needed marriage equality laws is the ability now for those same sex couples married overseas to be able to end their legal relationship of marriage.

“The legal limbo many have been in until the recent changes to the law here recognising overseas marriages of same sex couples as a legal marriage in Australia is finally at an end,” she says.

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you.

 

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Friday, December 08, 2017
Pullos Lawyers Achieves Major Ranking In Prestigious Legal Guide

Pullos Lawyers and family law specialists Cassandra Pullos and Rebecca Barron have achieved a significant ranking in the prestigious 2018 Doyle’s Guide to the Legal Profession.


Pullos Lawyers Achieves Major Ranking In Prestigious Legal Guide

Pullos Lawyers and family law specialists Cassandra Pullos and Rebecca Barron have achieved a significant ranking in the prestigious 2018 Doyle’s Guide to the Legal Profession.

Pullos Lawyers has been named in the 2018 Guide as one of the leading family and divorce law firms on the Gold Coast.

Cassandra has been named as a Leading Family and divorce lawyer while Rebecca heads the Recommended Family Lawyer list.

Cassandra was also listed as a leading family and divorce lawyer in the 2016 Doyle's Guide, an independently researched peer-based review system for a national report on Australia’s legal profession, which identifies the best lawyers in Australia and five other countries.

The Guide assesses the leading lawyers across 20 areas of law, divided into separate state and regional groupings.

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you. For more information on dispute resolution options visit us at www.pulloslawyers.com.au

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Friday, December 01, 2017
Landmark Family Court Decision Helps Young People in Gender Transition

Family Lawyers have welcomed a landmark Family Court decision which makes it easier for young people undergoing gender transition to receive hormone treatment.

 

Landmark Family Court Decision Helps Young People In Gender Transition

Family lawyers have welcomed a landmark Family Court decision which makes it easier for young people undergoing gender transition to receive hormone treatment.

The full bench of the Family Court has unanimously decided young people no longer have to seek court approval for a vital stage of their transition treatment. Teenagers can now start hormone treatment to change their sex with approval from just the medical profession and their parents.

Cassandra Pullos has hailed the Family Court’s decision as a necessary move toward common sense and fairness for young people undergoing gender transition. However she acknowledges the Court’s decision will inevitably draw criticism from some quarters.

Until this ruling, Australia was the only country in the world that required court approval for stage 2 hormone decision-making where young transgender people had to convince the court they are capable of making this decision.

This has been the only way they could access these hormones since the treatment become available in 2004.

The process via the Family Court has involved multiple court dates and specialist reports aimed at convincing the court a transgender minor was capable of making the necessary decisions to seek Stage 2 hormones.

The judgment revealed the Family Court had dealt with 63 cases involving applications for stage 2 or 3 treatment for gender dysphoria between mid-2013 and mid-2017. In 62 of those cases, the court allowed treatment.

The cost of seeking court approval ranged from $8000 to $30,000.

Significantly the Family Court judges said their decision was because the state of medical knowledge had moved on since the court ruled that its approval was required.

The Australian reported there were now international standards for the treatment of gender dysphoria, and “increased knowledge of the risks associated with not treating a young person”.

“It is readily apparent that the judicial understanding of gender dysphorias and its treatment have fallen behind the advances in medical science,” the judges said.

The Family Court said its decision applied to cases in which there was no dispute between the parents or the medical experts who proposed the treatment.

Cassandra Pullos says family lawyers will obviously continue to assist young clients seeking Stage 2 hormone treatment and in particular assist those where they may be a dispute between the parents or the medical experts. In such instances the Family Court will still be called on to decide the matter.

Read more at:

http://www.news.com.au/lifestyle/parenting/teens/landmark-court-case-welcomed-by-transgender-advocates/news-story/926adea31c778b8beee2d3fbd7dcc61

 

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you. 

 

 

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Wednesday, November 15, 2017
Australia says Yes to Marriage Equality

Australians have clearly said Yes to marriage equality. So what do we do now?

 

Australia Says Yes to Marriage Equality

Australians have clearly said Yes to marriage equality. So what do we do now?

Cassandra Pullos says what happens next may not be as simple as you might think. The Yes result does not automatically legalise same sex marriage. It was a non-binding survey with no legal clout.

However Australians have clearly supported same sex marriage with more than 61 per cent of more than 12 million respondents saying Yes.

We will now see the second stage of the marriage equality debate begin because it’s not as simple as just passing a new law.

There will be debate over what the proposed legislation will look like, probably argument over the fine print and so on.

Although the result – 61.6 per cent Yes, 38.4 per cent No- sends a clear message to our legislators, Cassandra says we can now expect renewed focus on parliament in Canberra where competing factions will debate over what form any legislation may take.

Those hoping that same sex marriage would be made legal by Christmas should not get their hopes up yet.

A same-sex marriage bill has to pass both the House of Representatives and the Senate before it can be made law by the Governor-General.

How our politicians decide to vote is, ultimately, up to them but they will do this mindful that the vast majority of Australians surveyed in the poll want marriage equality.

Cassandra says family lawyers are closely following developments as the legalising of same sex marriages represents one of the biggest changes ever to Australian family law.

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you.


 

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Friday, October 20, 2017
Govt Urged to Clarify Southport Domestic Violence Court Magistrate Numbers

Cassandra Pullos has welcomed the appointment of two new Magistrates to the Southport Domestic Violence Court, but says the State Government should clarify whether they are in addition to magistrate numbers or are replacing previous magistrates.

Govt Urged to Clarify Southport Domestic Violence Court Magistrate Numbers

Cassandra Pullos has welcomed the appointment of two new Magistrates to the Southport Domestic Violence Court, but says the State Government should clarify whether they are in addition to magistrate numbers or are replacing previous magistrates.

The Attorney General has announced four out of eight new magistrates appointed in Queensland will be based on the Gold Coast, with two of them specialising with domestic and family violence cases.

Cassandra welcomed the appointment of Clare Kelly and Louise Shepherd who will take up their specialist roles at the now-permanent Southport Domestic and Family Violence Court in a few weeks.

However she says there is some uncertainty on whether they represent an increase in magistrate numbers or just replace the previous magistrates.

Cassandra applauds the recognition of the need to have permanent DV magistrates, but experience showed more than the two announced are needed.

“The DV magistrates we have had have worked tirelessly to address a staggering workload."

“Their expertise has eased the stress for litigants and gone someway to address the delays – but delays are still there and we need a “running review” and the capacity to move extra DV magistrates into the roles when needed,” she says.

In June Attorney-General and Minister for Justice Yvette D’Ath announced funding for two permanent DV magistrates at Southport Courthouse.

The two magistrates sitting in the Gold Coast’s Specialist Domestic and Family Violence Court at that time were previously temporary positions.

Cassandra says the current magistrate situation at the DV court is unclear.

“Are these two new Magistrates in addition to the existing one - or are they replacements for the original two magistrates we had, in which case we would be back to the earlier status quo”.

As a matter of urgency the Attorney-General should clarify magistrate numbers for the Southport DV court.

“Our DV Court Magistrates have been highly regarded for their commitment but the volume of matters before the court has been accelerating and more resources are needed”.

“I would suggest ALL magistrates need specialist DV training, regularly updated – both in the law and the social science around DV for both victims and perpetrators so we have as much flexibility in our magistrates Courts as possible to deal with the DV workload as it is required,” Cassandra says.

“We are committed supporters of the specialist Domestic Violence court and we recognise the dedication of the Magistrates and the court staff.

Cassandra believes a bigger DV court budget would enable more court staff for administration tasks, and better funding for Legal Aid is another priority to fund more duty lawyers.

“Our DV court is an invaluable resource for the Gold Coast. I welcome the appointment of two new DV Court Magistrates but I’m hoping they represent an expansion of DV Court services, not just a maintaining the status quo situation”, she says.

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you.

 

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Friday, September 29, 2017
Family Law Review Must Rectify Under Funded, Over-worked System

Australia’s family law system – subject to its most comprehensive review in 40 years - is chronically under-funded and its Judges chronically over-worked. Cassandra Pullos says the family law review, due to begin in October, is long overdue and a priority should be to increase funding and resources because Judges are swamped with the sheer volume of matters they have to consider each day.


Family Law Review Must Rectify Under Funded, Over-worked System

Australia’s family law system – subject to its most comprehensive review in 40 years - is chronically under-funded and its Judges chronically over-worked. Cassandra Pullos says the family law review, due to begin in October, is long overdue and a priority should be to increase funding and resources because Judges are swamped with the sheer volume of matters they have to consider each day.

“I had a matter on the Judge’s List recently and the Judge had to get through 40 matters in one day. It means on average judges have barely 10 minutes per matter which is an intolerable burden on them and does not accord the proper amount of time each matter may need,” she says.

Cassandra says the community should strongly endorse the wide-ranging review, and be open to embracing alternative means to resolve divorce and parenting issues in a non- adversarial way.

Attorney-General George Brandis announced the review will be led by the Australian Law Reform Commission headed by Professor Helen Rhoades, and has until March 31, 2019 to report its findings.

Cassandra says the current Family Law system works on an adversarial approach to every family law matter. While there will always be cases that need to go before a Judge, more could be done to find non-adversarial solutions.

“At present every case goes through an adversarial “funnel” so we need to find a better way which reduces pressure on the courts and those needing their separation and parenting matters resolved,” she says.

“Over the next year or so you’re going to see heightened focus on the issues and what needs to be done to salvage our family law system.”

Cassandra strongly supports Collaborative practice, parenting co-ordination and increased use of arbitration and mediation as measures worth more investment.

The review’s terms of reference are broad but will address ensuring the family law system prioritises the best interests of children, measures to address family violence and child abuse, supports families and allows disputes to be resolved quickly and safely with minimal financial burden.

Cassandra agrees with an Australian Law Council assessment that any meaningful, long-term reform will need significant funding.

“Family law specialists would support measures which reduce congestion and pressure on the Family Court because, by extension, they could ease the process of separation for couples.

“In particular I strongly support measures that ensure the best interests of children are protected during the divorce process.

“Too often children are the unseen casualties of divorce wars fought by their parents, which is why an increasing number of family law specialists advocate the Collaborative Law approach to separation.

“Under this method couples resolve to find agreements outside the court system, mindful that it can take several years for a divorce to make its way through the Family Court logjam. This can impose enormous pressures on the children of separating partners,” she says.

An important new avenue to explore is parenting co-ordination, well established in America and Canada, and now offered in Australia. It employs a parenting coordinator, a person trained in dispute resolution, who can help parents achieve post-order parenting plan goals without having to constantly seek a Judge’s decision on every problem.

“Parenting co-ordinators work well in the American and Canadian family law systems and I believe they could be a major asset in Australia’s family law system too,” Cassandra says.

Increasingly, family lawyers view the under-resourced Family Court with its lengthy wait times for a final hearing- in some cases up to 3 years- as a major cause of disenchantment with the system.

“An avenue to explore is how we can enhance court resources while working to resolve most separation and parenting matters away from the courts through collaboration and co-operation, and have only the most extreme cases, where participants have no hope of resolution, go before the court for a decision,” she says.

Cassandra feels the next year could be the most important in family law for Australia since the Family Law Act was established in 1975.

“We welcome the review and should embrace what it represents to bringing stability and trust back into our family law system,” she says.

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you.

 

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Wednesday, September 27, 2017
A Reminder to Mothers and Fathers – You're Both Still Parents Post-Divorce

Too often children are the biggest casualties of a relationship breakdown. It can be hard work to recreate your parenting relationship into a functioning, healthy one post separation.


A Reminder to Mothers and Fathers - You're  Both Still Parents Post-Divorce

Too often children are the biggest casualties of a relationship breakdown. It can be hard work to recreate your parenting relationship into a functioning, healthy one post separation.

Often following a separation, children live primarily with one parent, and this can sometimes leave the other parent feeling marginalised and unsure of their role. This might happen at the point you separated, one parent usually takes a decision to leave the home. It may have been a feature of your parenting relationship before you separated.

Parenting roles and involvement evolve and change over the short term and the long term. Separation is challenging and difficult for parents to manage their own emotions and feelings, and sometimes those adult emotions get in the way, either for a short time or a much longer time, of positive, supportive parenting of the children who are also going through a very difficult period in their young lives.

Some parents choose to walk away, some think it’s too hard to do otherwise. Others think it’s the right thing to do for the children. In my experience it almost never is either the easy or the right thing to do.

In my over 30 years in practice I have seen the effects on children of having no relationship with a parent post-divorce.

As a family law specialist I emphasise to separating couples the need for them to continue their roles as parents and take an active and ongoing role in their children’s’ lives.

If a parent moves out of the family home, it does not and should not mean that they vanish from their children’s lives, nor does their role need to diminish, in fact it can grow in importance with children needing more positive input from both their parents to help them through the difficult time of their parents separation.

The popular media obsesses about the “me” factor. Who gets what in the split? The money, the material assets and “who gets the kids”. Parents will do better for their children by focusing on what arrangements are best for their children’s care and development than on what percentage of time they want to pursue.

Separation and divorce are among the most traumatic experiences people can endure so imagine the potential psychological impact on children. Many children think they are somehow responsible for their parents divorcing, many feel like they are stuck in a tug-o-war with the 2 people they love and trust most in the world. Many can’t express those feeling to either parents and are left feeling lost and afraid.

At such times both parents need to show unity in reassuring their children and striving to achieve a sense of ongoing parental normality post-divorce.

For the parent with whom the children live, this means ensuring they remain connected to the other parent, keeping the lines of communication open, regular visits where possible and shared parenting if this is workable.

Do not assume your children understand or accept the life-changing events that follow a marriage or relationship breakdown. If your child says little about it, it could just be they are unable to express their conflicting emotions.

Embrace the fact that you will always be their parent and that doesn’t change even though you and your partner have parted ways. It is crucial for children in such circumstances to retain relationships with both parents.

It may not be easy, especially if the children don’t live with you all the time. In such circumstances ensure that neither parent retreats from their children’s’ lives. This is the worst thing you could do.

Your role as a Mum or Dad does not stop when the divorce is finalised.

Resist any thoughts that the children will be fine with the parent they live with and won’t need you in their lives. Worse would be assuming that if your ex has found a new partner, this step-parent can assume your role.

To your child, this attitude could be interpreted as you rejecting them and generate enormous emotions of guilt and unworthiness.

Your children will grow to adulthood and your relationship with them now could influence how they regard you for the rest of their lives.

Family lawyers encourage separating couples with children to collaborate on ways to maintain a sense of normalcy for their children. This can mean setting aside any of the issues which contributed to the end of the relationship, and focussing forward on the children’s best interests.

A dispute resolution process known as parenting co-ordination, popular in America and Canada, is also gaining traction in Australia. In its broadest sense it’s aimed at helping children of parents locked in unyielding divorce conflict.

If you find yourself in a high conflict parenting relationship we can advise you about appointing a parenting coordinator. Cassandra Pullos, our firms founder, is a trained parenting coordinator and is available to assist you in that role or to refer you other trained parenting coordinators if that is more appropriate.

The benefits of adopting one of the non-adversarial approaches to working out arrangements for your children post separation, or of appointing a parenting coordinator if you are in a high conflict situation, can be lifelong - for you and your children.

If you need advice or assistance, call us on 07 5526 3646 or email us at cjp@pulloslawyers.com.au and one of our expert family lawyers will be able to assist you.  For more information on dispute resolution, contact us here.

 

 

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