Joanna Diamantopoulos has more than a decade’s experience as a family lawyer.  Today,  she shares some wisdom for parents who are in the throes of a relationship breakdown, with advice for making this event a smooth transition for children.

Separation and divorce is unquestionably one of the more stressful life events you can experience. It creates an emotional upheaval, not only for you but also for your children (irrespective of how old they are). When faced with this situation it is paramount to remember that children are innocent bystanders in the tug and war of separation. Too often I’ve seen parents involve the children, some of them very young, into what is essentially adult conflict. Children, of course, lack the tools to manage the complicated issues and the range of emotions surrounding separation (indeed many adults find this challenging also).

While separation and divorce is always a challenging time for children, there are a few things that you, as a parent, can do to make this difficult transition easier.

1. Do not tell your children how bad their mother or father are, or point out the things they do wrong or the mean words that have been exchanged. This isn’t your children’s fight. Children have an unconditional love for both parents and their love should not be clouded by your war;

2. When transitioning from one household to two, allow your former spouse to take some household furniture and effects and even some of the children’s favourite things. This will assist a child to connect their old life and feel at home irrespective of whose house they happen to be staying at.

3. Keep the lines of communication open. There are ways to communicate without necessarily having to speak face to face. Email and text message can be easily exchanged in order to avoid the tensions associated with talking to each other when emotions are high. It is advisable to keep any correspondence business-like in tenor. Use respectful and polite language.

4. Remember children have commitments also. Sport, dancing lessons, karate or even party invitations. Don’t let the new living arrangements interfere with the children attending these activities. It is understandable that a non-residential parent wants to spend as much time with their children as possible, but failure to take them to their activities, can be perceived by them as a punishment. Enjoy the activities with your children, stay, watch and interact with the rest of the parents. No doubt your children will be happy just to have you there.

5. Do not use your children to “spy” on the other parent. Of course you can ask how their weekend was, but don’t push for information like it is the Spanish inquisition as you try and get dirt on your former spouse.

These common sense tips will assist you and your children through the trying time that is separation. They are not difficult, complex or hard, but sometimes are simply forgotten due to the barrage of extreme emotions encountered during separation and divorce.

I left my husband 2 months ago without a single stick of furniture and just one suitcase of clothes.  I am happy for my ex to keep the house and all the furniture and contents.  I want to start afresh, with new stuff, without any reminders of my miserable marriage and old life.  I have receipts for most of the furniture so it should be easy for him to pay me half of what we originally paid and I can move on….right?

If only things were so easy.  Unfortunately, despite the fact that you have kept receipts for all your purchases, your ex will not be required by law to pay you for exactly half of the original cost for each item.  You see, furniture, in property settlements is valued according to the current second-hand value rather than what you paid for them, or what they are insured for.  These values are roughly calculated according to what an independent third party would be prepared to offer you if it were to be sold.  A good guide is to look at the cost of similar items for sale at second-hand stores or online through sites such as Gumtree or ebay.  In effect, contrary to the value of the furniture according to the receipts you have retained, these items will almost inevitably be valued at a fraction of this cost.  Additionally you also need to factor in that furniture, especially electronics in the day of changing technology do not hold their value.  The one exception to this is in the case of antiques or heirlooms which, despite age, may be of value.  In this case the items will need to be valued by a qualified appraiser.

In terms of the overall property settlement the Court does not place a great deal of emphasis upon second-hand furniture.  Generally the inherent value of second-hand furniture is deemed so small that is not worth the time (and money spent in legal costs) arguing over it.

While I can appreciate your need to ‘start afresh’ it is important that you undertake this with the understanding that what it is worth is far less than what is needed to replace the furniture.  With this in mind it is often preferable for both parties to reach some level of negotiation about who gets what.  After all, there is little point spending thousands in a legal fight over a table worth $50.

For legal advice and support in the event of a relationship break down speak to Joanna Diamantopoulos at Welden & Coluccio Lawyers.

After 6 years living with the constant threat of violence I have finally left my partner.  How can the Law protect my 5 year old child from my ex-spouse who has an unpredictable and frequently violent temperament?

It is a tremendously brave thing for anyone to leave a relationship that is characterised by domestic violence.  Unfortunately, and especially where children are involved, it is a nightmare that often continues even once the victim has left the relationship.  In extreme cases, such as that of Rosie Batty, who in 2014 lost her son Luke at the hands of her violent ex-husband, it ends in tragedy.  Indeed, cases such as this have highlighted the failings of our legal system in protecting victims.  On a positive note they have also served to facilitate community discussion in relation to domestic violence in Australian society; the very discussion which is frequently the impetus for meaningful change to our laws.

Currently, when determining the care arrangements for children following separation, the court, according to section 60CC of the Family Law Act, is required to balance “the benefit to the child of having a meaningful relationship with both parents” with the “need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.”  More recently, in 2012, the Family Law Legislation Amendment Act (2011) was enacted to give even greater weight to any concerns of domestic violence.  As such, a ‘Notice of Risk’ form must now be filed with all applications made under the Family Law Jurisdiction if related to children.  This document serves to advise the court of any abuse allegedly suffered by the children who are the subject of the application while identifying the risk of them being involved in or witnessing family violence in the future.

Unfortunately, allegations of domestic violence are sometimes fabricated (or exaggerated) by people as a method for manipulating court processes to favour their desired outcomes.  Such allegations only serve to protract litigation which often leads to considerable distress for the children involved.  Furthermore, such claims act to undermine the work of the courts as they struggle to protect those children who are genuinely at risk and require protection.

While the system remains an imperfect one, it is committed to protecting children from the fate of Luke Batty.  Survivors of domestic violence, especially those in the process of negotiating child care arrangements, should seek legal guidance in order to ensure that the appropriate evidence is gathered so as to enable the court to act in such a manner that will preserve the best interests of the children involved.

My 15 year old daughter Charlie refuses to spend time with her father each weekend as dictated in a Consent Order put in place when her father and I separated six years ago.  While things between her father and I were initially tense, we have since moved on and become amicable.  Unfortunately, a family member accidentally disclosed to my daughter the reason for our marriage breakdown, my husband’s infidelity, and since this time Charlie has vehemently refused to see or talk to her Dad. 

While I believe that Charlie needs some time to process this new information, I’m worried.  My husband might have been a rubbish husband but he has always been a wonderful father.  Now I am worried that he will take legal action against me for breaching the Court Order.  I can’t make her do anything she doesn’t want to do and feel utterly helpless.

First of all, congratulations for your level headed approach to this situation.  It is evident that you really do want what is in the best interests of your daughter.   Secondly, teenagers are notorious for being tricky and it is not unusual for children, as they enter adolescence, to wish to move away from what is recommended in the original Court Order.  Many teens start to resent the constant movement between households, particularly as loyalty to their peers’ grows; along with the desire to remain geographically close to them (tough when parents live many suburbs apart).   We also see many situations where teens may lock horns with one parent, or even a parent’s new partner.     All of these circumstances can lead to an adolescent refusing to see one parent.  Even when the relationship between the child and both parents is a positive one, lawyers often see teenagers expressing a desire to have greater control over where they spend their time.  As the teenage son of one of my clients once articulated beautifully; “You know; this business of me being with Dad one week and Mum the other is pain.  I want to live with Mum full time because that has me close to my friends and school, but that doesn’t mean I don’t love or want to spend time with Dad.”

As children move into adolescence, they grow in maturity and this gives even greater weight to their wishes.  It is not unusual that the arrangements contained in the Court Order may not be in the child’s best interests as they grow given the static nature of the document.

Parents facing this, and similar situations, are encouraged to speak up and ask for help.  Just because Court Orders are in place, doesn’t mean there cannot be changes to care arrangements.  If you have the support of the other parent, which appears to be the case in the above scenario, a parenting plan outlining new arrangements to reflect the current wishes of a child can be entered into.  The effect of the parenting plan is that is sits above the Court Orders.  This parenting plan can be prepared by a Family Lawyer, in conjunction with the family GP, school counsellor, teachers or independent counsellors and psychologists and of course the parents.  In this situation intervention through these networks may be very important in restoring the father/daughter relationship.  The voice of the child in respect to matters affecting them is important and should be taken into account.

Of course if there is still animosity between the parents, then it is likely that a contravention application may be filed.  However the Court recognises that the Best Interest of the Child are a paramount consideration when dealing with their care arrangements.  Division 13A of the Family Law Court sets out the Consequences of failure to comply with others, and other obligations that affect children.  Within that Division, it is acknowledged that it is possible that:

1. The Contravention is alleged but not established;
2. The Contravention is established but there is a reasonable excuse for the contravention;
3. The Contravention without reasonable excuse (less serious contravention)
4. The Contravention without reasonable excuse (more serious contravention).

The penalties associated with the above are varied and of course dependent on where the contravention lies.

If you have any concerns that you may be contravening the Order please contact us today.

Just when you thought things were getting into something of a routine after the stresses and emotional turmoil of a separation and adjusting to new shared-parenting arrangements, the silly season is thrust upon you.

In an effort to retain some semblance of peace as Christmas approaches, families in this situation are encouraged to consider the arrangements for the big day (and the holidays attached to it) as soon as possible.  Some families are able to decide very soon after separation how Christmas will be shared with very little stress (and thought) and the festivities of the day can be enjoyed by everyone. I knew one family that had Dad with the children on Christmas Day ‘even’ years and Mum on the ‘odd’ years.  Similar arrangements can be successfully used to negotiate holiday.

Unfortunately for many families this may seem or be impossible, particularly when communication with an ex-spouse is difficult.  In this event, it is encouraged that you make it a priority to meet with a lawyer sooner rather than later and address the need to have suitable arrangements in place.  Arrangements can be made by lawyer assisted negotiations and formalised or failing agreement by an Order of the Court by way of an Application.  It is critical that families are aware that such applications must be received by 4pm Friday 11^th November to guarantee an order is granted before Christmas Day.  The Court is extremely busy at this time of year, and in the event any such application is not filed by that date, the Applicant is at risk of not being heard before Christmas.

It is recommended that you have that conversation early rather than later.  After all there is nothing more stressful than having to manage an un-cooperative ex-spouse and realising it might be too late to have arrangements in place for Christmas.

It’s that time of year again!

With the new financial year in full swing, lawyers across the nation brace themselves with bated breath for the release of the new Family and Federal Court filing fees.  You may recall my earlier blog where I discussed my concern in relation to how these fees literally skyrocketed last year.   The fees were so high (to the point of being ridiculous) that the Senate was forced to disallow the new fees.  Those working in the legal profession breathed a deep sigh of relief.

Surprisingly this year, sanity has prevailed.  While fees have attracted a slight increase, the filing fees remain affordable.  In raising the fees slightly, it was made clear that the CPI has dictated this increase rather than some arbitrary measure designed purely to increase revenue.

Finally, some transparency.

For assistance or advice in any Family Law matter, feel free to contact myself, Joanna Diamantopoulos or one of our expert solicitors at Welden & Coluccio Lawyers on 7225 8703. 

As solicitors we brace ourselves for this news. Too frequently there is concern, that the filing fees will become so excessive that our clients will not be able to afford them. Yes, having a concession card helps, yet even then some struggle to pay those fees. Of course not every client holds a concession card. The reality is that while many family law clients are asset rich they are cash poor and suffer a very real battle to spare any additional funds from the weekly budget. It does become a struggle to find that extra money.

Last year, when the proposed fees for 1 July 2015 were announced and indeed implemented (blink and you missed it), the fees were significantly increased to the point of ridiculous. Furthermore, new fees were established. For example, the filing of an amended application, a common practice that is used in all jurisdictions, would incur a fee.

I know I was shocked at some of the fees, especially the fee increase for filing an Application for Divorce which was set to rise from $845 to a staggering $1,195. That is an increase of $350! This fee does not factor the further cost incurred to personally serve the Application if a private process server is necessary.

Fortunately for both solicitors and clients, the senate voted in favour of disallowing the fees. Solicitor’s rejoiced and the new filing fees were tossed and the old filing fees were reinstated. We are now nearly 7 months into the financial year and there still hasn’t been any update as to the status of the Court filing fees. No doubt there will be new increases on the horizon. . . . we will just have to wait and see!

With more than ten years experience in the field of Family Law, Joanna Diamantopoulos brings a wealth of knowledge to the firm along with a readiness to support and guide new and existing clients as they navigate the tricky terrain that is Family Law.

Joanna Diamantopoulos was born in Adelaide and resides in the city’s Western suburbs. Having commenced her education at the local primary school, she went on to attend Annesley College where she completed her secondary education. In 1996 Joanna commenced a double degree in Bachelor of Law and Legal Practice and Bachelor of Commerce at Flinders University and graduated in 2001 and 2002 respectively. Throughout both her secondary and tertiary studies Joanna worked in the family owned and operated business, witnessing first-hand the hard work and determination required to succeed in both work and life. She attributes her strong work ethic to her Greek migrant parents and grandparents.

Joanna was admitted to the Supreme Court of South Australia in February 2002 and the High Court of Australia in September 2004. Since this time she has practiced predominately in the area of Family Law, Wills and Estates. Joanna has appeared in the Federal Courts, namely the Family Court and Federal Circuit Court as well as in all State Courts.

Today, Joanna works primarily in the area of Family Law, particularly divorce, parenting arrangements and property settlements for married couples or de facto, extending to both heterosexual and same sex relationships. She aims to resolve her matters with efficiency whilst maintaining the dignity of all concerned, keeping in mind the sensitive nature of the work she undertakes. Joanna firmly believes that the key to assisting her clients is to understand them first, apply the principals of law second and provide realistic advice and guidance.

Away from the office, Joanna values a laid-back approach to life. She enjoys spending quality time with her family and socialising with friends, relaxing at home and reading. Joanna likes watching movies and her favourite television series, and has come to appreciate documentaries on various topics, usually about the famous (dead or alive), people of notoriety and world issues. She hopes to be able to extend her travel experiences by vacationing overseas in the near future.

Joanna may be contacted for appointments or queries on 0477008693