The Ugly Truth About Child Custody Dispute Resolution Finally Revealed

Child custody disputes fall under the Family Dispute Resolution umbrella (FDR) in Australian law. Family dispute resolution involves a host of services offered by legal entities and other organisations, which are designed towards helping separated couples resolve issues affecting them and their families. This section will uncover the truths behind the process of resolving child custody disputes.

It Starts With Mediation

Conflicts involving child custody are often addressed under mediation, which is a form of alternative dispute resolution. Mediation is a voluntary process, but it is often required before your custody case is resolved in a family court in Australia. In fact, you can only file a case with the family law court after you receive a certificate that states you made a genuine effort towards resolving the custody dispute, but you were unable to arrive at a resolution with your partner. Certain exceptions to this requirement do occur, such as the risk of family violence, geographical challenges or if the matter is urgent.

During the mediation process, a neutral third party with knowledge of the law helps the conflicting parents arrive at an agreement regarding custody of the children.

The Mediator’s Role

During dispute resolution, the mediator plays several important roles towards helping both parties to arrive at an agreement. These include:

• Facilitating communication between both parents in order for them to express their concerns
• Identifying the issues that are causing the custody dispute
• Proposing possible solutions to the problem

Developing a Parenting Plan

If the mediation process helps both parents to arrive at an agreement, this should be put in writing and designated as a parenting plan. This plan, which should be signed and dated by both parties, can cover multiple areas ranging from child support and time spent with the child, to an outlined process for making changes and resolving disagreements. Parenting plans can also be made legally binding by having the court review it and make it into a consent order.

Shared Parental Responsibility

Australian law designates that both parents share a responsibility to cater for the child in areas such as healthcare, education, and being involved in the child’s upbringing. During a custody dispute, this shared responsibility is often considered and a process needs to be worked out as to how both parents will cater for these needs.

Shared responsibility does not necessarily mean equal time spent with the child. It also does not apply to cases where child or family violence has occurred.

Time Spent with the Child

During a custody dispute, one of the top issues of contention is how much time each parent will spend with the child. This issue is determined under the family dispute resolution process where both parents are urged to negotiate an agreement as to how the time with the child will be shared. Terms of custody negotiation does not necessarily equate to both parents spending equal time with the child. It also doesn’t have to be similar to a property settlement.

If the negotiation process fails, the court will determine a time arrangement that best serves the interests of the child.

Decisions are made in the best Interests of the Child

Throughout the dispute resolution process, all decisions should be made in the best interests of the child. If the custody dispute ends up in court, the judge will consider factors surrounding the dispute and make a decision that is in the child’s best interests.

The court considers factors such as the child’s preferences based on his/her age and maturity level, the relationship the child has with each parent, the ability of each parent to provide for the child, and extenuating circumstances such as family violence.

The ugly truth about any child custody battle is that unless properly handled, by trained professionals, one of the biggest victims is the child.

Call now and speak with an experienced lawyer on 1800 217 217 or email mail@aylwardgame.com.au for more information.

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005
Email: mail@aylwardgame.com.au

Article Source: Dispute Resolution 

The hidden costs of property investment that nobody talks about

 

Are you considering investing your money in an investment property and becoming a property investor?

If yes, you need to know what costs are involved and how to establish the best ownership structure for your asset. As many newcomers find out – it is not always a simple process to make an investment, especially in property, and it can be even more challenging to find the best ownership structure that fits your needs and requirements whilst minimizing your long-term costs.

To avoid any unpleasant surprises, it is advisable to do some research first and become well aware of the hidden costs that nobody talks about:

• If you have never invested in any kind of real property before, it may come as a surprise that you will need to have financial means to cover more than just the price of the property.
• There are certain costs that must be managed by you, as the investor, so you need to be prepared. The lender’s mortgage insurance is one possible cost if you are intending to obtain a loan to cover a high percentage of the property’s price.
• There is also the loan application fee, which may be a few hundred dollars, and the stamp duty and registration fees, which is probably one of the largest fees you will need to pay and will possibly amount to thousands of dollars.
• Other costs may include building inspections, pool inspections, pest inspections, accountancy fees, a property manager, maintenance and insurance, and hiring a trustworthy and experienced solicitor to help you with the legal part of the purchasing process.

Considerate planning.

There are some items in the checklist which need your careful consideration when you are planning to invest in property and work out affordability.

When deciding to proceed with investment in property, you should also think about the structure of the ownership. Again, the choice depends very much on your set goals, ability to take risks, financial strength, and other aspects. So, you need to put in balance several options and see which one suits you.

Get advice and guidance.

Matters such as your ownership structure offer quite a few options to consider. Individual or joint ownership, ownership through a company, partnership, or trust, or ownership via your Self-Managed Superannuation Fund each carry associated risk and reward profiles.

Each structure has pros and cons for your unique scenario, so you will need to look at each option and make the correct choice for you. Doing this in the correct manner right from the start will help you manage your risks and will get you closer to the investment goals you want to reach. Since investing in property involves a considerable amount of money, you are well-advised to do things the right way from the start.

In all this process, there is one part that is often very challenging for most investors. Even if you are an excellent business person and have great management skills, the legal chapter may be hard to tackle. That’s why you need an experienced property lawyer you can trust.

Aylward Game is a Brisbane, Gold Coast and Sunshine Coast legal practice with a great reputation and key knowledge in the property law area. Our professional staff is experienced in all aspects of buying and selling a property, both commercial and residential.

Speak with us today on 1800 217 217.

For more information on selling, buying and vendor finance please visit our Brisbane law news section.

To speak with an expert in the area, contact 1800 217 217 to arrange a consultation.

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005
Email: mail@aylwardgame.com.au

Article Source: Property investment

Find out The Real Importance of Estate Planning and Having a Current Will

 

In this post, we’re going to give you the Importance of estate planning and current will to ensure your loved ones are taken care of and avoid potentially devastating consequences.

Why do you need a Will?

If you die without a Will the law says you have died “intestate”, which means that you have left no valid instructions as to how your property will be distributed. Your estate will (Current Will) then be divided up according to a formula in the legislation.

Why do you need an up-to-date Estate plan or Will?

An up-to-date Estate Plan or Will allows you to:

• Decide how your assets will be distributed after your death;
• Choose who you want to manage the distribution of your estate;
• Provide for your family as you wish;
• Possibly save money on tax;
• Ensure your Superannuation and life insurance is dealt with as you wish; and
• Ensure any trusts or companies are properly managed.

When should you review your Estate Plan and update your Will?

Your Estate Plan and/or Will should be reviewed every 2 (two) years at least or upon any of the following circumstances changing:

• You divorce or marry;
• You have children;
• You or someone named in your will change their name;
• Your Executor or a Beneficiary dies;
• You sell or buy a property or create a company or trust that you have dealt with or need to deal with in your Will;
• You enter or cease a de facto relationship; or
• Your wishes change.

Do you have a “Blended” family?

If you or your partner has children from a previous relationship then we recommend you seek our advice in relation to your Estate Plan and Will. Wills for blended families can be more complex as the testator usually wants to provide for both their children and their current spouse, which can require particularly careful planning.

What will Aylward Game Solicitors do for you?

We will take care of the process for you, including:

• A comprehensive review of your personal circumstances;
• Detailed advice to ensure your loved ones are provided for in your Will;
• Your Will is properly drafted, signed and witnessed;
• Your estate planning goals are clearly addressed;
• The potential for your Will to be challenged after your death is minimised;
• You receive accurate advice on capital gain tax issues from us, as well as appropriate accountants or financial planners;
• Your original Will is kept in a safe place; and
• Your superannuation funds, life insurance, companies, and trusts are properly dealt with.

Costs of Estate Planning and Will Preparation

The cost involved in an estate plan review and the preparation of a Current Will depends on individual circumstances and how complex the Will needs to be in order to effectively deal with your individual circumstances. The Will is only one element of a broader process.

We do however offer very reasonable fees for an estate plan review and Will preparation.

When you consider the peace of mind you will have in knowing everything is in order in the event of your death; the cost of drafting your Will is not an expensive outlay.

An Estate Plan and a Current Will is some of the most important documents you will make in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult and expensive issues to resolve.

For more information on Estate Planning and Will Preparation, please visit our Brisbane law news section.

For urgent queries on your specific matter, please don’t hesitate to contact one of our experienced Brisbane, Gold Coast, and Sunshine Coast Wills and Estate Planning lawyers at Aylward Game Solicitors.

To speak with an expert in the area, contact 1800 217 217 to arrange a consultation.

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005
Email: mail@aylwardgame.com.au

Article Source: Estate Planning

How to Defend a Civil Lawsuit Like an Experienced Business Lawyer

No matter what the situation, an ounce of lawsuit prevention is worth far more than a pound of cure. The best way for small business owners to deal with the threat of lawsuits is to tackle potential liability risks head-on. Experienced Business Lawyers are worth their weight in gold.

There are some things small business owners do every day that could be increasing the risk of a future lawsuit, and eliminating those dangers can go a long way. Here are a few simple things small business owners can do to reduce their legal liabilities and their risk of costly lawsuits.

Failure to research applicable laws and regulations has tripped up many business owners.

Being blindsided by the law is always a bad thing, and it can put small business owners on the losing side of a lawsuit. No matter what business type or niche, small business owners should familiarise themselves with applicable laws and industry regulations and make sure they are meeting both the letter and the spirit, of the law.

Stick to the tasks you know best

It is easy for business owners to try to do it all, but handling unfamiliar tasks or tackling jobs for which they are not qualified can increase the risk of an accident and a resulting lawsuit. Delegating those tasks to individuals with the requisite skills may cost more upfront, but it could save the small business owner a bundle in the long run.

Put it in writing. Dot your “i’s” and cross your “t’s”

Being sloppy about contracts can also put small business owners at risk, so pay careful attention to the paperwork and make sure it’s being prepared by a legal professional. Once again, using a business lawyer to draw up simple contracts may cost more upfront, but quality legal advice could head off potential lawsuits later.

Get insurance coverage

Insurance that covers your legal exposure (including public liability) is a given for most small business owners. It’s something you hope you will never need to call upon, but if you have the need then you will be much further ahead if you have the insurance coverage.

Simple Steps to Hiring the Right Lawyer for Your Business

When you’re in business, it’s vital that you find the right lawyer a legal expert who can provide practical, useful, effective advice and represent your interests in the best possible way. There are many areas where a good attorney can help your small business, but how do you find the right one?

• Understanding what you need the lawyer to do
• Getting recommendations and referrals
• Preparing to interview the lawyers
• Establishing expertise Communication and delivery
• Finding someone you trust
• Interviewing your shortlist Establishing terms, conditions, and price

Hire the right lawyer

The benefits of hiring an experienced property and qualified lawyer include:

• Having more confidence that your business is in safe hands
• Getting clear, practical legal advice on the things that matter to you and your business
• Building up a good relationship with your chosen legal advisor
• Reassurance that legal issues and challenges will be dealt with effectively

So now you know the importance of hiring the right lawyer, how do you go about finding one?

Step 1: Understand what you need the lawyer to do

Think about exactly what skills and services you need an attorney to provide to your small business. Look at each area of your business, speak with colleagues and get advice from people in similar fields.

Areas where you might want legal help include:

• Intellectual property, patent, and copyright law
• Contracts, terms, and conditions
• Hiring and HR practices
• Trademarks and brand protection
• Mergers and acquisitions
• Licensing
• Other areas

Note down the key areas or issues where you or your business would benefit from good legal advice. You can use your business plan, risk analysis, marketing plan, and other business documents to explore areas where a lawyer could help.

Step 2: Get recommendations and referrals from others; shortlist the best fit.

Speak to colleagues and contacts in your networks, industry, and other connections that you have. See if they have used lawyers themselves and if there are any local law firms that they would recommend. When you speak with people, find out what the legal results were and how individual lawyers performed; this will help you to create a shortlist of legal experts that you can interview

Step 3: Prepare to interview lawyers to find the best fit

Now you’ve shortlisted some candidates, you can start preparing for the interview stage. You need to be sure that any attorney that you end up hiring is going to be a good fit for your business. You can accomplish this by asking the right questions, following your instincts on who you could work with, and understand their skills and experience.

You should create a list of areas and questions that you want to ask, including finding out their legal expertise, their experience in your required field, their communication skills and most importantly finding someone that you can trust and rely upon.

Running your own small business can be very satisfying, and (hopefully) quite profitable, but it is very important to recognize your risks and be prepared for them.

Small businesses will always be the target of legal action, and simply being in business puts you at risk. Even so, these things can reduce the liability risks inherent in your field.

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005

Article Source: Lawsuit