He worked hard on my case, got me out of trouble. After this legislation was introduced, divorce rates rose, reaching a height in 1980. On the day of the hearing, Cara was very strong in her defense of our case, and was able to get a good outcome, even better than we had expected. Nothing was too difficult for her! Many items can be borrowed from the Institute's library via the Interlibrary loan system. In Australia, the Family Law Act 1975 also legislates for the custody of children after family separation. Very upfront about process and costs.I highly recommend their services. Thank you. I can fully recommend your services to family court matters, including cases involving foreign legislations. Really appreciate her time. Thanks to Tyson Brown we had a good outcome for a bad situation. This means that the great majority of custody agreements are actually arranged by parents without the intervention of the courts or the assistance of a mediator or solicitors. Cara listened and understood our case and situation. Michael Burrows is a knowledgeable and highly effective solicitor who demonstrated both professionalism and compassion towards us and our circumstances. A 2014 survey discovered that the most common custody arrangement is for children of separated parents to spend at least two-thirds of nights with their mothers. Thanks again Michael. This arrangement is most common for children under the age of two. The boys say they are happy sharing time with both of their parents. I would highly recommend Armstrong Legal for any legal matters you may have.I dealt with Trudie Cameron who displayed the upmost professionalism and was extremely helpful throughout my whole court matter, making sure I understood everything that was going on. Extra-Marital Affairs and Property settlements, Family Violence in Property Matters Post-Keating v Keating. They were absolutely wonderful giving my very stressed girlfriend re property legal advice & giving their standardfree consatlation! Across a wide range of jurisdictions the estimates are that mothers receive primary custody 68-88% of the time, fathers receive primary custody 8-14%, and equal residential custody … It starts simply from the question ‘What is best for this child?’ The courts will consider the child’s views and the nature of the child’s relationship with each parent. Michael Hempsall and his team went above and beyond to ensure a great outcome over our legal matter. There are a million things i could say about Stephanie! we had been to a few different lawyers; but It was our best dissicion to have chosen Michael Hempsall to represent us. Spousal Maintenance V Interim Property Settlement. Glad we had him advocating for us in the Criminal Court. • About three-quarters (74.1 percent) of custodial par-ents who were due child support in 2013 received either full or partial payments and less than half (45.6 percent) received full payments. We pay our respects to the people, the cultures and the elders, past, present and emerging. The best lawyer I found with Armstrong legal is Mr Jonathan.Very very helpful trustworthy reliable experienced and cooperative. Equal parenting responsibility does not necessarily mean that children spend an equal amount of time with each parent. Got the outcome I wanted thanks to Cara from Armstrong legal. He maintained communication throughout the proceedings and represented/defended me very well at court. How Long After Separating Should You Start Property Settlement? D.M.T.H., No. But that does not automatically make the father unfit to assume the role of the primary caregiver of the child after the divorce. It is more common for separating parents to use a family dispute resolution service or solicitors to reach an agreement – nearly one in five parenting arrangements are facilitated through these services. Tyson Brown was excellent. Understanding child custody statistics requires a consideration of the prevalence of divorce and family separation in Australia. A new unpublished memorandum opinion of the Superior Court illustrates what we tell clients all the time in custody cases: Those who have a clear plan for the children are more likely to prevail. Tyson Brown assisted me again for the second time in 2 years and again yielded me and my family a fantastic result. The child knows full well that 'my parents aren't friends, in fact they hate each other'.". But that does not automatically make the father unfit to assume the role of the primary caregiver of the child after the … I had been estranged from my mother for over 20 years and other lawyers were not very confident that I would be able to get anything. NSW recorded one new case of locally acquired COVID-19 in the latest reporting period. Ana is down to earth, commonsense and she even kept our costs to a minimum. I was especially impressed by the great care that was taken to understand the details of the case, the fast comprehension of these details, the clarity of the advise offered, and the adherence to the agreed timelines and cost estimates. I totally recommend him and Armstrong Legal. "They've looked at all cases in conflict when you read it (the study). Serenay was very professional and very easy to get a long with. Extremely helpful website I would definitely recommend. 1500 MDA 2012 (memo op., January 17, 2013), the Superior Court considered a custody case emerging from a virtually-equal shared custody … Dr McIntosh's study found those who go to court are nearly five times more likely to end up with equal care. Cara and Andrew from Armstrong Legal are the absolute and utter BEST!!!! Historically, it was assumed that the mother would get custody of the children in divorce due to the fact that in most cases, the mother was the primary caretaker or main care provider for the children when the family was in tact, while statistically, the father was the one that worked outside of the home and provided for the family. A much smaller proportion (less than 20%) of children spend every night with their mother and only spend time with their fathers in the day. I would like to pass on my thanks to both Felicty and Luke for their most outstanding help and professionalism in my rather delicate matter. Child custody rights for mothers. 5*. All the other staff were very professional as well. Under this Act, the courts must always proceed in a way that prioritises the best interests of the child. Thank you so much for your hard work and helping me end this nightmare. I would absolutely recommend to anyone needing legal help. and custodial mothers were more likely to have agreements (52.3 percent) than custodial fathers (31.4 percent). While statistics do indicate that the children of separated parents spend the majority of their time with their mothers, this is generally the result of a consensual parenting agreement. I have recently had cause to be represented by Ben Edye. Anastasia Qvist is an outstanding lawyer. What followed was a traumatic court battle which saw a judge hand custody of her eight-year-old son and six-year-old daughter to their father, who lives on benefits in a … It was reassuring to have such great professional support. Communication was outstanding.I have 100% trust in Armstrong Legal.I would thoroughly recommend this Law firm for anyone's Legal Services. I would highly recommend Armstrong Legal. It is probably true that in child custody Court proceedings, slightly more mothers end up with a higher care percentage of children, but again, that is not … These…, This article outlines the relationship between child protection proceedings, which are dealt with in the Children’s Court, and parenting proceedings…, In Australia, Parenting Orders can be made by the Federal Circuit Court or by the Family Court. We are very happy with the outcome from our courtcase, much better than we have expected. In C.H. Can Grandparents Apply for Parenting Orders? Would definitely recommend either of the two blokes to friends and family, should they ever come into any trouble. These matters are not about the parentsâ rights to spend time with the children but rather the childrenâs right to spend time with parents if it is in their best interests. How to Not Pay Child Support in Australia. Everyone in the brisbane office was funny and friendly, and they knew what they were on about. Armstrong Legal helped me through my legal matter in a very professional way and gave me the best possible outcome. After a 10 year career as a divorce coach/consultant and doing extensive research on the subject, I've come to the conclusion that the courts are not the reason mothers retain custody in the majority of divorces. Child custody settlements prior to the twentieth century were much more clear-cut than those taking place in present today. The Statistics on Fathers Winning Child Custody Arenât Pretty. There are two main tenets of the best interests of the child in Australian family law:. … I would not hesitate to recommend Armstrong Legal Lawyers for their service, attention to detail and guidance throughout the entire process. Tyson Brown was absolutely amazing. Benjamin Edye from Armstrong Legal is a great lawyer, he got me the best possible outcome when representing me in court. Was wonderful to work with, professional, caring and understanding. He managed to get me great outcome and always remained positive from start to finish. Would highly recommend. Our lawyers will make you feel comfortable so you can talk about your situation. By The Times - London. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. It meant a judge had to reject the 50/50 option before looking at any other. In addition to that, a judge may argue that the mother should be given primary or sole physical custody rights if she was the primary caregiver of the children prior to the dissolution of marriage. Ben was a fabulous lawyer and the charges were dropped. 1500 MDA 2012 (memo op., January 17, 2013), the Superior Court considered a custody case emerging from a virtually-equal shared custody arrangement, in which ⦠Tyson was very prompt and professional with responding to all my questions and my concerns. She really knows her stuff and helped me prepare for my day in court. Intervention Orders and Parenting Proceedings, Relevance of Domestic Violence to Family Law Proceedings, Financial Agreement During De Facto Relationship, Financial Agreement in Contemplation of De Facto Relationship, Financial Agreement in Contemplation of Marriage, Financial Agreement Post Relationship/Post Separation, International Family Law (Hague Convention), International Family Law – Child Abduction (Hague Convention), Overseas Assets in Australian Property Proceedings, Litigation – What to Expect on Your First Court Date. Jonathan helped me through my tricky situation with his awesome knowledge and confidence, we turned around the hardest case to the best scenario and still appreciate it to this day. Trudie Cameron in particular was very professional, knowledgable and very fast in responding. It is not biased towards either the motherâs or fatherâs rights but its primary concern is the interest of the child or children. Forty years ago, 2.7 out of every thousand members of the population divorced every year; by 2018, the crude divorce rate had dropped to just 2 people per thousand. Litigation – Where is best for me to file? Should you consider Armstrong Legal for your representation you will be in very capable hands. Cool dudes. For many involved, particularly fathers, so-called '50/50' parenting arrangements have been a great success. Child psychologist Jennifer McIntosh was studying 260 families who were fighting over custody when she stumbled across a distinct group of children in real distress. Deike Kemper was absolutely first class throughout the process, highly recommended. The courts are much more likely to be involved in cases of family violence, child safety concerns, or other complex situations including mental health and substance abuse. Just 3 per cent of fathers who go before the Family Court are refused access to their children, casting doubt on One Nation senator Pauline Hanson's claims that mothers ⦠Money well spent. For instance, most individuals tend to believe that most single mothers who choose to raise their kids on their own are either unemployed or receive government … These lovely, well mannered girls are a real asset to Armstrong Lawyers, Thank you so very much Cara. Extremely pleased and grateful for the amazing work done by Suzanne Martinez. In the end we settled without going to trial and the result exceeded all my expectations. It was after concerted lobbying by fathers' groups that the Howard government changed the law in 2006 to make equal-shared care the first preference in most custody cases. When Am I Required to Pay Child Support or Child Maintenance? At the very beginning of this experience, Tyson said, "I'm with you", and through every step of my matter he stayed true to this, even sometimes giving a little bit of his extra time to provide some words of reassurance or perspective.The outcome of my matter was even better than I'd hoped, and additionally I've walked away from this experience with invaluable lessons about life that I truly don't believe I would have had I gone elsewhere.Thank you so much, Tyson and the Armstrong Legal Team. In 4% of cases, the court has ordered that the child should only have contact with one parent under supervision. **Despite the fact that this Top 10 list refers to fathers directly, it can be applied just as equally to mothers in the same situation. "The upside would be you get even time with your mum and dad so you get to spend good time with them but the downside is just having to pack and unpack all the time, it's just annoying.". The findings from a large research program conducted by the Australian Institute of Family Studies tells many stories. v. Her advice was timely and very comprehensive. Highly recommend him specifically and the Armstrong legal company as a whole. It is important to remember that the presumption of parental rights in Australia is that both parents are equal. It is a misapprehension that the courts are mostly responsible for parenting arrangements. She argues that rather than being shared, these children are being torn apart by their parents. Mother vs Father Custody Statistics in Australia; Neglect and Parenting Matters; No Contact Orders; ... that the children live with the mother but spend every second weekend and half the school holidays with the father; ... Child Custody Laws Australia. Elizabeth is very professional, compassionate and is credit to her profession. The most recently available figures, for 2000-01, show residence or custody orders favouring fathers in 19.6 per cent of cases, and have stabilised around this level for the past three years. If you ever need legal representation, I highly recommend you contact Armstong Legal and ask for Angela. Cara would have to be the most Professional, Caring Lawyer I have encountered. Thank you for all you’ve done. The latest material added to the Australian Institute of Family Studies library database is displayed, up to a maximum of 30 items. I contested my mothers estate and it was a very stressful and emotional time for my and my family. Highly recommend him. Despite the lack of stigma around divorce in contemporary society, divorce rates have actually fallen in more recent decades. Contact us to make an appointment with a family lawyer at your … D.M.T.H., No. A 2014 survey discovered that the most common custody arrangement is for children of separated parents to spend at least two-thirds of nights with their mothers. Cara from Armstrong Legal helped me with my legal matter and did an outstanding job,I can not thank her enough for the outcome i got, she was helpful and support the whole way through even though she had other clients to deal with i still felt like my case was important to her and didn't come close to feeling like just any other client.She is a lovely lady and definitely a great asset for Armstrong Legal to have. And, not the reason many fathers … Personal Injury Payouts in Property Settlements, Property Acquired After Separation But Before Settlement, Property Orders – Consent Orders & Judge Made Orders, Property Settlements and Items of Sentimental Value, Resolving Property Matters Without Going to Court, Self-Managed Super Funds and Property Settlements. Diana Bryant is Chief Justice of Australia's most controversial court, the Family Court. She has my complete recommendation. Single Fathers, Single Mothers, and Child Custody Statistics. When courts are involved in ordering parenting arrangements, 45% of court orders do award sole parental responsibility to the mother, vs 11% for sole parental responsibility to the father. Awesome work guys - thank you. You have knowledge and logic way beyond your years which is extremely rare. Thank you to Serena for assisting over the past year or so, you have been professional, friendly and above all else made the process as stress free and easy as possible. "If only one of us had not been prepared to play the game and just work with it and go with it, I shudder to think of what the consequences could have been," she said. I’m so grateful that I met wonderful people through Armstrong legal,Michael and Craig been absolutely supportive,friendly throughout the toughest time of my life,they stood firm by my side when I had no one ,thanks heaps for filling the gap,there is no any letter and numerical figure that I can rate their ability and judge their work,it wouldn’t be justice to them.wish there were more star than just 5Everything they said before happened exactly in the end I felt like I’m talking to fortune teller.i have been to so many lawyers before I went to their office,no one stand against their knowledge and work ,I want to reward the guy who hired these two and replaced Scott.they are the best lawyers not only in this country but whole planet. She says every hour is accounted for in a rigid arrangement that equally divides her children's time and their loyalties. Understanding Australian Child Custody Laws. We will surely recommend Michael Hempsall to anyone. Definitely worth the money! Scott from Armstrong did an incredible job in the court and the assistance I received from Scott and the team pre-hearing were exemplary. I was notified and informed of every step, I never felt like I was being left in the dark or being rushed out of the door, and he truly listened, and worked toward the best outcome for me.Not only is he a great lawyer, but an extremely kind and generous man. The team at Armstrong Legal provided a reliable service. I recommend .to the firm that they make you a partner , you deserve it.WE WON. This applie… It is often thought that the mother has more rights than the father when it comes to child custody. Determining Custody. My case was really complicated and we were expecting the case to be lengthy and not have a very present outcome. She say a child's best interests should always come first. This despite a period of some quite significant personal issues/injuries. Our family are very great full to Armstrong Legal. Thank you for your representation. I appreciate the knowledge and support I received through him. When the parents of a child under the age of 18 separate, they both continue to share parental responsibility for the child. When Does A Relationship Become a De Facto Relationship? They also go that extra mile to cut the cost down. The team managed to guide me throughout the process and achieved the best possible outcome. After doing a bit of research on the subject I've come to the conclusion, based on child custody statistics, that the courts are not the reason mothers gain custody in the majority of divorces. Their knowledge, professionalism and no nonsense approach resulted in finalising my family law arrangement without costly delays.Your commitment to securing a good outcome for me was very appreciated. A big thankyou to Micheal and Angela for their outstanding performance on defending me. Tyson Brown was organised, communicated well, aimed to get the best for his client, managed expectations of the Court process, was great on his feet in Court (when it was touch and go), and he happens to be a nice guy. Linda and Emily provided my son and our family with exceptional support and advice throughout our family court matter, we are forever grateful that they were able to guide us through the court process that resulted with the best possible outcome for our son and his children. There are two ways in which parenting arrangements can be documented in accordance with the Family Law Act 1975. Recently, we quickly had to get Legal Counsel and luckily for us we found Armstrong Legal and Tyson Brown was assigned to our case.He was a professional, calming and confident presence during our difficult court proceedings.Tyson's rapport and guidance was outstanding, at all times prompt, timely and open for calls and quick updates and we worked through all of the questions and issues of our case through this new Covid-19 era.His handling of my son's charges demonstrated a caring manner instead of just handling him as a "case"I would highly recommend him and I would definitely use Tyson Brown again , although I hope not to. The lawyer that serves me was Carl Patterson he was very profresional and knows what he was doing. Angel got me the outcome I was hoping for and I’ll be forever grateful for what she has done for me. Matthew Eddy is a great bloke understanding and easy going and will listen to you and look at the best possible way to deal with the outcome of your matter. I could not recommend Andrew any more highly. It was a wonderful outcome and I cannot thankyou enough. She was the one that saw a glimmer of hope in my case while the rest of the legal team didn't. Follow our live coverage for the latest news on the coronavirus pandemic. Understanding Australian Child Custody Laws. Quashing a Habitual Traffic Offender Declaration. Level 35 201 Elizabeth Street Sydney NSW 2000, Level 13575 Bourke Street Melbourne VIC 3000, Level 9 Nishi, 2 Phillip Law StreetCanberra ACT 2601, Head Office: Level 35, 201 Elizabeth Street, Sydney NSW 2000 | Ph: (02) 9261 4555. Mothers are awarded child support nearly 2 times as often as fathers are. "It concerns me if decisions are being made that are placing children under too much pressure, of course," she said. But even in cases where the sole parental responsibility is given to one parent, it is still very rare for the court to order that a child has no contact with one parent: out of the 3% of cases that go to court, only 3% of these cases result in an order that stipulates no contact with one parent. Child custody rights for mothers. and custodial mothers were more likely to have agreements (52.3 percent) than custodial fathers (31.4 percent). Thank you so kindly re your services! Child Travelling Overseas After Separation, Family Dispute Resolution/60I Certificate, Family Violence Allegations in Parenting Matters, Final Parenting Orders: the Rule in Rice v Asplund, Immunisation Of Children In Parenting Matters, Mother vs Father Custody Statistics in Australia, Parenting Matters and Aboriginal Children, The Views of Children in Parenting Matters. See more resources on Post-separation parenting in … She is a skilled litigator and knows the ins and outs of the ACT Magistrate's Court. I found Angela to be extremely knowledgeable, passionate and personable. Serenay was very patient with me and took the time to explain the process and was very honest about her expectations. When making parenting arrangements, Australian family law requires the best interests of the children to be the paramount consideration. Fathers are awarded nearly 10% less, on average, in child support. I rang around for a lawyer,One lawyer said I had know chance besides a mandatory sentence.Go to court referred me to Courtney AshtonCourtney was professional, easy to talk to, and most of all understanding.Thankyou Courtney. Gone are the days when mothers are presumed to be the "chosen parent" for physical custody. THE COURT FAVOURS MOTHERS Untrue. Fatherlessness in Australia – Statistics. I only wish she also worked in family law and I might have received a better outcome there. Jonathan is very professional in his manner and undertaking of the process. You will get a fair representation and she genuinely cares about her clients. Excellent service and a fantastic outcome, they really know their stuff! Fathers' advocate Barry Williams has been campaigning for shared care since 1980 and says Dr McIntosh's study is "just a lot of rot". Elizabeth was extremely knowledgeable and was able to talk to us with out complex legal terms. God bless. With the help of Benjamin Edye my case was dismissed as my ex-partner was shown to not be credible. "(They think) I'm constantly in a situation where I have to be in contact with someone that I really don't want to be in contact with.". Armstrong Legal is the best defense one can have especially with Lawyers Rachel Le Bransky who is not only professional, skilled and talented. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), Live: Streets deserted in Brisbane as Queensland records no new local cases, Woman who flew to Queensland from Victoria had new UK virus variant, Twitter permanently suspends Trump's account over risk of inciting 'violent acts', NSW Premier warns more-contagious UK coronavirus mutation 'will become the dominant strain', Live: Australian quicks turn up the heat to roll through India after lunch, Republican politician Derrick Evans faces 1.5 years in prison over riot at US Capitol, Trump refuses to attend Biden inauguration, breaking 150-year tradition, Scathing criticisms of $1.3 billion military contract fully revealed for the first time. 10/10 From beginning to end. She dealt skilfully with the DPP and is an excellent negotiator. I found Ben to be professional, knowledgeable & always willing to listen to my concerns & explain the legalities of the situation. 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