When a family separates, especially when children are involved, there are going to be difficult times for all. Temple Legal Services are firm advocates for mediated resolutions where possible, and believe that litigation is usually the worst way to resolve a dispute. Often what separated couples need is space, time and neutral support from professionals able to assist a mediated solution to emerge. Temple Legal Services can assist the client, be it the parent who is the primary carer, or who is non-resident, to negotiate with their former partner and broker a resolution without the need to go to court.
But, sometimes there is no alternative to litigation. Temple Legal Services have relevant experience in assisting people deal with the complications of matters before the Family Court, and when necessary, the Family Division of the High Court. This includes where contact has become contentious, or where there is resistance to it.
s42 Family Law Act orders, or 'non-molestation orders' are often important ways to protect a party when couples separate, but they can also themselves be abused when unmerited. They are also legally very technical orders and must contain certain provisions such as an end date, and if granted 'ex parte' (i.e. without notice) a date when the order is reviewed. If you think you may need such an order, or have been made subject to one, contact us for more advice.
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