Adelta Legal are leaders in Adelaide family law in solving disputes in relation to children because:
- we have a combined experience of over 100 years in helping Adelaideans solve the most difficult disputes over the care of children;
- we have 2 Accredited Experts in Family Law in Julie Redman and Ian Charman;
- Adelta Legal has been recognised for the past 3 years by the leading Peer Review – Doyle’s Guide as a leading Adelaide law firm in the area of family law – children’s matters;
- Julie Redman and Ian Charman have individually been recognised on multiple occasions by Doyle’s Guide as leading family lawyers in this area;
- we can handle all aspects of family law from initial advice, preparation of documents, mediation, collaborative approach to resolution as well as representation of you in Court;
- we have bright young lawyers learning from and supporting our experienced practitioners;
- we have a caring, knowledgeable and expert team to assist you – whatever the nature of your matter; and
- we are cost effective.
Adelta Legal recognise that dealing with the break-down of a marriage or relationship is exceptionally challenging, particularly when children are caught in the middle of it all. Our experienced family law team can assist you with general advice in relation to children’s issues at any stage of separation, including appropriate advice given pre-separation.
We offer a broad range of legal services and options to negotiate children’s matters without needing the aid of the Family Court.
We can help you understand your legal rights and responsibilities under the Family Law Act insofar as they relate to the care arrangements of your children. The paramount consideration when determining children’s issues is what is in the best interests of the children.
Under the Family Law Act, there is the presumption that the parties have equal shared parental responsibility. That is, that all the major long-term decisions are made jointly. Major long-term issues include (but are not limited to):
- religious and cultural upbringing;
- name; and
- living arrangements insofar as it relates to those arrangements that may impact on the time the child spends with a parent.
However, this presumption will not apply in circumstances of family violence, when it is not reasonably practicable or when it is not otherwise in the child’s best interest.
You can formalise an agreement relating to the care arrangement in two ways, namely a Parenting Plan or a Consent Order through the Family Court.
What is the difference?
A Parenting Plan is a voluntary agreement made between parties. However, they are not binding in any legal sense and do not have the same force and effect as a Consent Order does.
A Consent Order is an Order of approved by the Federal Circuit Court of Australia. It is binding in nature and can have legal consequences if breached.
Parties are required to engage and participate in Family Dispute Resolution (‘FDR’) before they can institute court proceedings in the Federal Circuit Court of Australia.
Our family lawyers can provide you with practical and clear advice and can guide you through the process to ensure you reach the best outcome.
The requirement to attend a Family Dispute Resolution Conference can only be dispensed with in certain circumstances. These may include:
- when a parent has retained a child following a period of time and failed to return the child to the parent or carer with whom the child normally lives;
- where there are allegations of domestic violence or child abuse or there is a risk of violence or abuse; or
- that an application to the court is made on a discrete issue.
We have offices in the city, at Tea Tree Gully and Morphett Vale for the convenience of clients. In addition, for the elderly or infirm, visits can be made to clients at home or in hospital.
Call us on 08 8415 5000 or send an email to make an appointment.