Melbourne’s Accredited Family Law Specialists and Mediation Experts

Specialist Family Law Advice. Strategic Resolution. Personal Support.

At Mathews Family Law & Mediation Specialists, we are dedicated exclusively to family law and dispute resolution.

Our Accredited Family Law Specialists assist individuals and families throughout Melbourne, Victoria, Australia and overseas with complex and sensitive family law matters, including separation, divorce, parenting disputes, property settlements, financial agreements and mediation.

Our unique strength is the combination of specialist family law expertise with advanced mediation and dispute resolution skills.

Unlike many family law firms, our Family Dispute Resolution Practitioners (FDRPs) and mediators are also experienced family law specialists. This means our mediations are informed by a detailed understanding of family law principles, negotiation strategy and the practical realities facing families after separation.

A Different Approach to Family Law

Family law disputes do not always need to be resolved through Court proceedings.

At Mathews Family Law & Mediation Specialists, we are committed to helping clients resolve matters efficiently, respectfully and cost-effectively wherever possible.

Our dispute resolution services include:

• Negotiation
• Lawyer-assisted settlement discussions
• Family Dispute Resolution (FDR)
• Mediation
• Collaborative approaches
• Arbitration
• Court representation where required

Our focus is always on finding practical solutions while protecting our clients’ legal rights and long-term interests.

Experienced in Complex Family Law Matters

Our Accredited Family Law Specialists provide advice and representation across all areas of family law, including:

• Divorce and separation
• Parenting arrangements and complex parenting disputes
• International relocation matters
• Property settlements
• Complex financial matters involving businesses, trusts and superannuation
• Binding Financial Agreements
• Family Dispute Resolution and mediation

Every family law matter is unique. We combine technical legal expertise with a genuine understanding of the emotional and financial challenges that arise when relationships break down.

Vanessa Mathews – Accredited Family Law Specialist, FDRP and Mediator

Principal Vanessa Mathews is an Accredited Family Law Specialist, Family Dispute Resolution Practitioner and Mediator.

Vanessa was one of the early Accredited Family Law Specialists to also become accredited as a Family Dispute Resolution Practitioner and Mediator, reflecting her longstanding commitment to helping families resolve disputes constructively.

Her multidisciplinary background provides a unique perspective when assisting clients with complex family law matters. Vanessa holds:

• A Bachelor of Laws
• A Bachelor of Commerce from the University of Melbourne
• A Bachelor of Social Work from the University of Melbourne

This combination of legal, commercial and social work expertise enables Vanessa to understand both the legal complexities and the human impact of family breakdown.

Vanessa and the MFL team regularly contribute to the broader professional community through education and training for:

• Accountants
• Financial advisers
• Mental health professionals
• Allied health organisations
• Community organisations

Through seminars, professional development presentations and community initiatives, Mathews Family Law continues to promote better understanding of family law and dispute resolution.

Boutique Service. Specialist Expertise.

Mathews Family Law combines the personal service of a boutique law firm with the specialist expertise expected from a leading family law practice.

Our clients benefit from:

✔ Direct access to experienced family law specialists
✔ Tailored legal strategies
✔ Strong negotiation and mediation expertise
✔ Clear communication and practical advice
✔ Flexible service options
✔ A commitment to resolving matters efficiently wherever possible

Why Clients Choose Mathews Family Law

Clients choose Mathews Family Law because they want more than legal advice—they want experienced guidance during one of the most challenging periods of their lives.

We provide:

✔ Specialist family law expertise
✔ A resolution-focused approach
✔ Mediation and dispute resolution experience
✔ Personalised strategies for each client’s circumstances
✔ Transparent communication
✔ Flexible options including unbundled and full-service representation

Innovation and Accessible Family Law Services

Mathews Family Law has long embraced technology to improve access to specialist legal advice.

We have developed innovative systems designed to make family law services more accessible, efficient and affordable for clients throughout Australia and overseas.

Our services include:

• Online client information forms
• Digital consultations
• Video conferencing for meetings, mediation and Family Dispute Resolution
• Online payment facilities
• Interactive legal resources and calculators

We also provide a comprehensive library of free educational resources, including:

• Family law articles
• Podcasts
• Webinars
• Videos
• Downloadable guides
• Professional presentations

Our aim is to help people understand their legal options and make informed decisions about their future.

Professional Accreditation and Memberships

Mathews Family Law & Mediation Specialists maintains professional accreditation and membership with leading legal and dispute resolution organisations, including:

• Law Institute of Victoria
• Law Institute of Victoria Family Law Section
• Law Council of Australia Family Law Section
• International Academy of Family Lawyers
• Attorney-General’s Department accredited Family Dispute Resolution Practitioners
• National Mediation Accreditation System
• Australian Institute of Family Law Arbitrators and Mediators
• Resolution Institute
• Victorian Association for Dispute Resolution
• Relationships Australia Access Resolve Mediation Program
• Relationships Australia Family Lawyers Panel

These professional affiliations demonstrate our commitment to excellence, ongoing professional development and the highest standards of family law practice.

Community Commitment and Access to Justice

At Mathews Family Law, we believe access to quality legal information and advice should be available to everyone.

Our commitment to corporate social responsibility is demonstrated through practical initiatives, including:

• Providing free legal information resources
• Offering educational videos and articles
• Publishing family law guides and calculators
• Providing complimentary initial telephone consultations
• Offering fixed-fee services where appropriate
• Providing flexible options including unbundled legal services

Vanessa Mathews’ social work background has contributed to the firm’s strong commitment to supporting the community and improving access to justice.

Award-Winning Melbourne Family Lawyers

Mathews Family Law has been recognised for excellence in family law and mediation.

Recognition includes:

• Winner – Boutique Family Law Firm of the Year, Australia – Global Law Experts
• Winner – Family Law Mediator of the Year, Australia – Global Law Experts
• Finalist – Law Institute of Victoria Boutique Law Firm of the Year
• Recommended Family Law Firm – Doyle’s Guide
• Recommended Family Law Mediator – Doyle’s Guide
• Leading Parenting Lawyer – Doyle’s Guide
• Recognition by ThreeBestRated

These achievements reflect our commitment to specialist expertise, innovative dispute resolution and outstanding client service.

Speak with an Accredited Family Law Specialist

If you require advice about separation, divorce, parenting arrangements, property settlement or mediation, the team at Mathews Family Law & Mediation Specialists is here to help.

Contact us today to arrange your complimentary initial telephone consultation with an Accredited Family Law Specialist.

We will listen to your circumstances, explain your options and help you move forward with confidence.

Frequently Asked Questions About Accredited Family Law Specialists, Mediation and Family Law

What is an Accredited Family Law Specialist?
An Accredited Family Law Specialist is a lawyer who has demonstrated advanced knowledge, skills and experience in the specialised area of family law.
Accreditation is awarded by the relevant state or territory legal professional body after the lawyer has met rigorous requirements, including demonstrating substantial experience in family law, completing specialist assessment processes and maintaining ongoing professional development.
Choosing an Accredited Family Law Specialist provides reassurance that your lawyer has a high level of expertise in areas such as:
Divorce and separation
Property settlements
Parenting disputes
Financial agreements
Family law negotiations
Family dispute resolution
Court proceedings
Family law is complex and constantly evolving. An Accredited Family Law Specialist can provide specialist advice to help you understand your legal rights, obligations and options.
At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists focus exclusively on family law and dispute resolution.

Why choose a family law mediator who is also a lawyer?
A mediator who is also an experienced family lawyer brings a deeper understanding of the legal issues that may affect your agreement.
Family law mediation is not simply about finding a compromise. A successful mediation requires an understanding of:
Your legal rights and obligations
The factors that influence a fair outcome
The practical consequences of different settlement options
How agreements can be documented and formalised
At Mathews Family Law & Mediation Specialists, our mediators are also experienced family law professionals. This combination of legal expertise and dispute resolution skills enables us to help families explore practical solutions while ensuring they understand the legal implications of their decisions.

Can family law disputes be resolved without going to Court?
Yes. Many family law disputes can be resolved without Court proceedings.
The Australian family law system encourages separating couples to attempt to resolve disputes through negotiation and dispute resolution wherever appropriate.
Options may include:
Direct negotiation between parties
Lawyer-assisted negotiation
Family Dispute Resolution (FDR)
Mediation
Collaborative law
Arbitration

Resolving matters outside Court can often reduce:
Legal costs
Delay
Conflict
Emotional stress and uncertainty

However, every situation is different. Some matters require Court involvement, particularly where there are significant disagreements, safety concerns, complex financial issues or an inability to reach agreement.
An Accredited Family Law Specialist can help you understand the most appropriate pathway for your circumstances.

What is the difference between mediation and Family Dispute Resolution?
Mediation and Family Dispute Resolution (FDR) are both processes designed to help people resolve disputes without going to Court.
Family Dispute Resolution (FDR) is a specific dispute resolution process recognised under the Family Law Act 1975 and is commonly used for parenting disputes. In many cases, parents must attempt FDR before applying to the Court for parenting orders.
Mediation is a broader dispute resolution process where an independent mediator assists parties to communicate, identify issues and explore possible agreements.
Both processes aim to:
Encourage constructive discussions
Reduce conflict
Help parties reach their own agreements
Avoid unnecessary litigation where possible
At Mathews Family Law & Mediation Specialists, our Family Dispute Resolution Practitioners and mediators have specialist family law experience, allowing us to assist clients with complex parenting, property and financial disputes.

Do I need a family lawyer for a property settlement?
While it is possible to negotiate a property settlement without a lawyer, obtaining specialist legal advice is strongly recommended.
A property settlement involves more than simply dividing assets. Important considerations may include:
The value of assets and liabilities
Superannuation interests
Businesses and trusts
Contributions made during the relationship
Future financial circumstances
Tax implications
How the agreement should be legally formalised
An informal agreement between separated partners may not provide finality and may leave the possibility of future claims.
An Accredited Family Law Specialist can help you understand your entitlements, negotiate effectively and ensure your agreement is properly documented.
At Mathews Family Law & Mediation Specialists, we assist clients with property settlements ranging from straightforward matters to complex financial cases involving significant assets.

How can an Accredited Family Law Specialist help with divorce?
A divorce is the legal process that formally ends a marriage. In Australia, divorce is separate from other family law issues such as property settlement, parenting arrangements and financial matters.
An Accredited Family Law Specialist can assist you by:
Explaining the divorce process
Advising whether you meet the requirements for divorce
Preparing and filing divorce applications
Advising about separation requirements
Addressing issues involving children
Explaining how divorce interacts with property settlement time limits
Although divorce is often an administrative process, separation frequently involves complex legal and financial decisions. Obtaining early specialist advice can help protect your future interests.
At Mathews Family Law & Mediation Specialists, we provide clear advice and practical support to guide clients through separation and divorce. We also offer an fixed-fee online divorce service – divorce-online.com.au

How early should I seek family law advice after separation?
It is usually beneficial to obtain legal advice early, even if you and your former partner are communicating well.
Early advice can help you:
Understand your legal rights and responsibilities
Avoid costly mistakes
Identify opportunities for early resolution
Protect your financial position
Make informed decisions about parenting arrangements
Seeking advice does not mean you are committing to Court proceedings. Often, early specialist advice helps parties resolve matters more efficiently and with less conflict.

Do I have to go to Court to get a family law outcome?
No. Court is only one pathway for resolving family law matters.
Many clients achieve successful outcomes through negotiation, mediation or other dispute resolution processes.
At Mathews Family Law & Mediation Specialists, our approach is resolution-focused. We explore practical alternatives to litigation wherever appropriate while ensuring our clients’ legal rights and interests are protected.
Where Court proceedings are necessary, our experienced family lawyers provide strategic representation.

How can Mathews Family Law & Mediation Specialists help?
Mathews Family Law & Mediation Specialists provides specialist advice and dispute resolution services across all areas of family law, including:
Divorce
Property settlements
Parenting disputes
Family Dispute Resolution
Mediation
Financial agreements
Complex family law matters

Our Accredited Family Law Specialists combine legal expertise, negotiation skills and a commitment to helping clients achieve practical outcomes.
Contact Mathews Family Law & Mediation Specialists to arrange your complimentary initial telephone consultation with an Accredited Family Law Specialist.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

A CURLY CASE FOR THE COMMISSIONER OF TAXATION

CAO & TRONG AND ANOR [2018] FAMILY COURT OF AUSTRALIA

There is no escaping the Family Court and the Commissioner …

The wife filed an application for a final property settlement, including an order that:

1. The husband indemnify her ‘against any liability present or contingent including tax … in respect of E Pty Ltd’; and
2. The husband be responsible ‘for all income tax assessed on income received or deemed to have been received by the husband’.

In the period 2005 -2012, the husband incurred a tax liability of $5,519,200 (unpaid).

The Commissioner of Taxation sought leave to intervene in the property settlement proceedings and an order that the court first makes provision for the payment of tax liabilities to the Commissioner prior to any property distribution to the parties.

Before the matter could be determined by the court, the parties effectively withdrew their respective applications for final property settlement orders.

The wife advised the Commissioner that there was therefore now no basis for it to intervene.

The Commissioner was successful in its application for an order that the court does have the jurisdiction and power to determine a claim against a creditor pursuant to section 79 property settlement proceedings – even if the parties have withdrawn their applications.

The case was run by the Commissioner of Taxation as a ‘test case’ and confirmed that even when the parties themselves no longer seek the assistance of the court to achieve a final property settlement, if the Commissioner has already intervened in those proceedings, the court has jurisdiction to make a final order in its favor – and the liabilities owed to it enforced as an order of the Family Court.

In other words – there’s no avoiding the Commissioner – no matter what agreement the parties themselves might ‘agree on, there’s no way around their obligations to it.

I hope that the year is treating you well – even though it is flying by.

We continue to offer a free 15-minute telephone consultation to your clients in need of family law advice – they can call me on 9804 7991 or email [email protected] to book a time.

And remember, we’re always happy to help you out with your own ‘curly cases’.

Stay in touch,

Vanessa and the Team at Mathews Family Law & Mediation Specialists

In 2006 it became mandatory for all couples to attend family dispute resolution prior to filing an application with the court to determine custody. One of the aims of this legislation was to encourage parents to reach an agreement about parenting on their own terms, without the interference of the courts. After family dispute resolution is attempted, the practitioner involved in the process issues one of four types of certificates:

1. A person did not attend family dispute resolution with another party because of the other party’s refusal or failure to do so;
2. A person did not attend family dispute resolution because the practitioner considered that it would not be appropriate to conduct such resolution (having regard to matters prescribed by the regulations);
3. A person did attend family dispute resolution and all attendees made a genuine effort to resolve the issue or issues;
4. A person did attend family dispute resolution but the person or another party did not make a genuine effort to resolve the issue or issues

The court will consider these certificates prior to making a ruling in the case, and can also consider the certificates when assessing whether to order costs to be paid by a party.

Does that mean that you absolutely have to attend family dispute resolution and get one of these certificates before you can file a custody action?

Not exactly.

While the legislators voiced a clear preference for settling child-related matters through family dispute resolution, they also recognized six classes of cases in which family dispute resolution should not be required.

1. Application for Consent Order Pending

If parties are applying for a consent order, then they have already reached an agreement on how to handle child-related issues. Therefore, ordering the parties to attend family dispute resolution prior to filing an application for the consent order would be futile.

2. Violence and Abuse

Where the court finds reasonable grounds exist that demonstrate that there has been abuse or family violence, or that a risk of such exists, no compulsory family dispute resolution is required. The court will not force parties to attempt to achieve a resolution to their child-related issues if there is any history or threat of violence.

3. Contravention of Previous Order

A party can make an application to the court regarding a “particular” child-related issue, without attending dispute resolution, if there is already an order in place addressing said issue. For instance, if there is already an order in place setting forth a custodial schedule for the child, and one party is not abiding by the order, the complying party may apply directly to the court to seek enforcement of the order. If there is already an order in place, there is no need to utilize dispute resolution services to try and reach an agreement.

4. Application is Urgent

Sometimes a parent will have to make an urgent application to the court about a child-related issue. An example of this would be if a parent intended to relocate and take the child with them, in a situation like that the parties would need to have the issue addressed by the judge as soon as possible, spending time at family dispute resolution would simply slow the process down.

5. Incapacity

If a party lacks the capacity, physically or otherwise to attend family dispute resolution, the court will not enforce their attendance. For instance, if a party is unable to participate effectively because they live in another country, an application regarding a child-related issue could be made directly to the court even if no family dispute resolution has taken place. The rationale for this exception is that compelling attendance would be largely inconvenient; a party could make sacrifices to travel and attend dispute resolution only to not reach an agreement and have to subsequently travel again for litigation.

6. Other Circumstances

The final exception category is a catchall. If there is another reason set forth in the regulations that would allow parties to bypass family dispute resolution, that reason will suffice and allow parties to bypass compulsory dispute resolution.

The bottom line is unless your situation qualifies for one of these enumerated exceptions, you should be prepared to attend family dispute resolution prior to making an application to the court to determine custody or other child-related issues.

When a couple separates or divorces, or a de facto relationship[i] ends, a property must be divided. The property includes all of the assets – houses, cars, jewelry, furniture – and all of the liabilities, like loans and mortgages.  Superannuation – the money individuals set aside to have when they retire – is now also included in those assets that need to be divided fairly between a couple, whether married, de facto heterosexual or de facto same sex.  In the past, superannuation was considered a financial resource, similar to salary or other income. Today, however, most couples weigh superannuation funds as if they are marital assets or property.

Part VIIIB of the Family Law Act, 1975 (FLA) covers issues dealing with superannuation and families. The law requires that the superannuation benefits due to one spouse or de facto partner must be divided with the other spouse or partner. But there are several difficulties with dividing superannuation. Firstly, if a couple divorces before retirement, the superannuation funds are not yet available. So while a couple may divide up their property at the age of 45, they may not see funds from superannuation for another 20 or 30 years.  Other problems…..

The law recognizes these problems and offers three ways a divorcing couple can divide superannuation interests.

1. “Split”.  The first method is to split the interest into two accounts or benefits. This can be done either by a payment split when the superannuation becomes due (say, at retirement) or through an interesting split, which means each partner receives a superannuation interest. With an interesting split, the partner receiving the new benefit can keep the money in the original account until it comes due, or open an entirely new account. Nobody receives an actual cash payment – the money remains in a superannuation fund.  Tax issues must be calculated before the payment or interest is split.
2. “Flag”.  The second approach to dividing superannuation is to flag the benefit for a later date. In this scenario, the couple marks the benefit and the trustee of the superannuation fund is not allowed to touch it until the “flag” is lifted, either by agreement of the parties or with a court order.  The couple can then decide what happens to the fund only later after the person who owns the superannuation account retires.
3. Leave it alone.  In this case, couples consider superannuation a financial resource. When dividing up their assets, superannuation is only included in the calculation as a source of income, not as an asset.

Splitting the Superannuation Now

Typically, divorcing couples split their superannuation. Most couples choose this approach because it enables them to know exactly how much money they are receiving and allows them to make a clean break, without having to return to financial issues ten, twenty or thirty years later.

There are several steps needed to split the superannuation:

Step 1:  Request information from the partner’s superannuation fund.  

 There are two forms that a spouse must submit to the trustee of the superannuation fund:

1. Form 6 Declaration, which proves to the trustee that you are entitled to see the information and
2. the Superannuation Information Request Form. These forms can be obtained online

You must be “eligible” to receive the information from the fund.  An eligible person is:

1. The member of the fund or
2. The spouse of the member of the fund or
3. If (1) or (2) died, the deceased person’s legal representative or
4. Someone who plans to enter into a superannuation agreement with the member

Step 2: Evaluating information from the superannuation fund.  

The law requires the fund to provide information to the member of the fund and his or her spouse. The fund may provide information regarding the value of the superannuation or information that helps the person requesting information determine the value of the fund. The trustee should also notify the requester whether or not the fund may be split.  Once this information is obtained, the numbers must be calculated using specific formulas, depending on the type of fund. An expert in family law or accounting can help determine the correct formula to use in order to obtain the correct amount of interest each party is entitled to from the superannuation.

Step 3:  Turn to the courts for an order.   

Couples may sign their own splitting agreement and take it directly to the trustee of the superannuation fund. Alternatively, couples can turn to the courts with their own financial agreement already signed. Finally, if a couple can’t agree, they may obtain a court order.

1. If both sides agree about the value of the fund and it’s division, they can submit an Application for Consent Orders, which includes their agreement regarding superannuation. This agreement is binding only if both parties signed it AND both received independent legal advice.  This is the case regarding all financial agreements between couples divorcing.
   

   De facto couples terminating their relationship may also submit a financial agreement regarding superannuation, but only if they were residents of New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory, the Northern Territory or Norfolk Island when the agreement was made.

2. If the parties cannot come to their own agreement, they may turn to the court for Orders.

In either case, the trustee of the fund must be notified that the court is being asked to give orders. This is to ensure that the request being made complies with the fund’s rules. Also, the trustee is entitled to attend the court hearing and oppose the orders.

Step 4: Send a copy of the agreement or court order to the superfund trustee. 

Once the court gives orders, the superannuation fund must be sent a sealed copy of the decision.

Step 5: Split the superannuation benefit. 

Generally, the superannuation benefit will be split into two funds, one for each partner. There may be administrative costs for splitting the fund.

Contact Mathews Family Law to speak with one of our specialist solicitors and family law property lawyers to discuss your superannuation split today. Call our office on 03 9804 7991 and book a consultation with a divorce and family law attorney.

[i] Laws on the splitting of superannuation do not apply to de facto couples from Western Australia.

The Family Act 1975 ensures that children maintain their relationships with both parents and guarantees both parents the right to spend time with their children, all in the best interests of the children. One of the major objectives of the Act is to ensure that “children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child”.

Today there is an assumption of shared parental responsibility between parents for their children. This responsibility includes all of the “duties, powers, responsibilities and authority” which parents have by law regarding their children. Section 61DA states that when a court makes a parenting order, it “must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child”. While the child may live primarily with one parent, both parents have a role in his or her ongoing, daily life.

“Equal” time v. “substantial and significant” time

If parents have shared responsibility for their children, they should also have shared time with their children. But how much time is the right amount? How much is fair to each parent? And what is reasonable to expect from the parents and from the children?

The law requires the court to first consider providing “equal” time to each parent.  A schedule with equal time might involve children living with the mother one week, then the father the next week. In some families, the children may spend Sunday through Wednesday at their father’s home and Wednesday night through Sunday morning with their mother. The court weighs two factors in order to determine if the child should have equal time with each parent. The court must ask if spending time with each parent is in the child’s best interests and is “reasonably practicable“? A court might very well determine that it’s best for the child to have equal shared time with each parent but since they live 300 miles away from each other, this is not feasible. Only if both of the above criteria are met can a court consider giving a parenting order that grants equal time with the children.

If there is (or will be) a court order giving shared responsibility to both parents, but the court does not grant an order for equal time, the court can consider giving an order for “substantial and significant” time. Again, the considerations for giving this type of order are whether this is in the best interests of the child and whether it’s practical.

If there is a conflict between what is good for the child and what is fair to the parents, the child’s welfare comes first.

What is “reasonably practicable”?

The court will weigh a number of issues to decide if it is practical for the parents to have equal time or substantial time with the children. These include:

• The distance between the two homes. If one parent lives in Perth and the other in Sydney, equal time will be difficult to establish.
• The parents’ present and future ability to work out an arrangement for the children to spend equal or substantial time with each parent. For example, in a case in the United States

What is “substantial and significant time”?

The law also clearly delineates what substantial and significant time is, making it clear to the courts what the parenting services order should include and letting parents know ahead of time what is to be expected. Significant time goes beyond a nice weekend together once a month, or dinner every Wednesday night. Parents who are given substantial and significant are expected to:

•  spend time with their children on days that fall on weekends and holidays as well as regular weekdays;
• be involved with the children’s daily routine;
• be present at occasions and events that are significant to the children (school graduation, a visiting day at camp or school, dance recitals, end-of-year sports games, etc.).

Similarly, the parent needs to include the children in events and occasions he or she considers significant (special events at work, promotions, birthdays).

The court can also consider many other factors in determining if the children are spending substantial and significant time with the non-custodial parent.

See the child custody blog for recent cases and legislative changes on issues of parenting and shared time.

The courts in Australia are the last resort for settling a property dispute between spouses.  Even if you and your spouse can’t come to an agreement, you need to show the court that you’ve tried to reach an agreement through some type of alternative dispute resolution.  This is called a “pre-action procedure”.

Pre-action procedures are also aimed at determining which disputes can be settled out of court and which really require the court’s intervention.  While you might not be able to come to an agreement about everything, you might agree on some issues (who gets the house) and only have to bring a small number of disputes to the court (how is the debt divided).

There are several steps to the pre-action procedure:

1. Inviting the other side to participate in dispute resolution, such as family counseling, mediation or arbitration.
2. Agreeing on a type of dispute resolution service.
3. Attending the dispute resolution and making a genuine effort to resolve the problem.
4. Give written notice to the other side if no agreement can be reached (or the other side refuses to attend the meeting) of your intention to file with the court.
5. Replying to the written notice if you are on the receiving end.

Consult with an experienced Family lawyer about the rules and requirements in pre-action procedures to ensure that you meet all of your obligations.