Seawater Legal

Seawater Legal Seawater Legal specialises in Family Law separation (parenting and / or property).

18/01/2024

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Here’s one of the reasons why amongst many…..
Ox Tongue Deli Sandwich, Pastrami, Watercress, Swiss, Cauliflower Pickle, Herb Mayo, , heaps of Butter and a dusting of Parmesan
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(*Disclaimer…even though I think it’s true, I made this bold claim up myself, don’t be mad if you disagree!!)

A bill has been passed to make significant changes to the family Law Act 1975. Amongst those changes are amendments to h...
23/10/2023

A bill has been passed to make significant changes to the family Law Act 1975.

Amongst those changes are amendments to how the court determines how Parental Responsibility is allocated between parties. For a summary of those changes, see here:

https://ministers.ag.gov.au/media-centre/passage-landmark-family-law-reforms-19-10-2023 #:~:text=The%20Family%20Law%20Amendment%20(Information,abuse%2C%20neglect%20or%20family%20violence.

The Parliament has today passed two significant pieces of legislation to make Australia’s family law system simpler, safer and more accessible for separating families and their children.

22/10/2023

HOW CHILDREN'S AGES SHOULD BE TAKEN INTO ACCOUNT IN PARENTING ARRANGEMENTS AFTER SEPARATION

Going through a separation or divorce can be a challenging experience for families, especially when it comes to determining parenting arrangements. While there are many factors to consider when implementing care arrangements for children, the age of your children is an essential factor. For example, a parenting arrangement that works best for an infant may not be the same as the one that works best for a teenager.

Following are some of the different factors to consider when implementing parenting arrangements or creating a parenting plan for children of different ages. Please note, the following information is aimed at situations where parties and children both feel safe around each parent.

Infants and Toddlers

Infants and toddlers require a lot of attention and care, and it is essential to prioritise their needs when creating a parenting plan. For very young children, it is usually in their best interest to have frequent and consistent contact with both parents. This can include frequent visits with a parent who does not have primary care, regular phone or video calls, and depending on age and the individual child, possibly even overnight visits
It's also important to consider the child's attachment to each parent. If the child has a stronger attachment to one parent, it may be necessary to establish a gradual transition period to ensure the child feels comfortable with both parents.

Pre-schooler

Pre-schoolers are becoming more independent, but they still require a lot of support and structure from their parents. When creating a parenting plan for a pre-schooler, it's essential to consider their routine and the daily activities that they enjoy. This can include things like meals, naptime, playtime, and bedtime.
It's also important to ensure that both parents are involved in the child's life and have a clear understanding of their needs. If it is safe and you are comfortable speaking to the other parent, that should involve regular communication between parents and a willingness to cooperate and collaborate to provide the best possible care for the child.

School-aged Children

School-aged children have more independence and may have more opinions about their parenting arrangements. It is important however that parent do not simply ‘let children choose’ at this age. After a separation, children often experience anxiety and divided loyalties to each parent. To ask a child to choose may put that child in an extremely difficult situation. Children need to know that the adults are in control, are working together (where possible) and will tell them what parenting arrangements will be put in place. When creating a parenting plan for a school-aged child, it's important to consider their schedule, extracurricular activities, and social life. This can include things like school pickups and drop-offs, after-school activities and playdates.

It is also important to consider the child's emotional needs and to ensure that ideally, both parents have a strong and positive relationship with the child. This can involve regular communication, shared decision-making, and a willingness to put the child's needs above their own. What may feel ‘fair’ from a parent’s point of view may not be in that child’s best interests at this particular time.

Teenagers

Teenagers are becoming more independent and may have their own ideas about their parenting arrangements. Once a child enters their teenage years, it is usually important to put more weight on their expressed wishes. When creating a parenting plan for a teenager, it's important to consider their social life, school schedule, and extracurricular activities. It is also important to give teenagers more autonomy and control over their schedule and activities.

While teenagers may have more independence, it is still important that where possible, they maintain a strong and positive relationship with both parents. This can involve regular communication, shared decision-making, and a willingness to listen to the teenager's opinions and concerns.

Conclusion

Parenting arrangements after separation should differ depending on the age of the children. It is necessary to consider each child's routine, emotional needs, and level of independence when creating these arrangements. By prioritising the child's needs above your own and working together to provide the best possible care, parents can help their children adjust to the changes in their family and thrive in their new living arrangements.

29/05/2023

Some Initial Things to Consider when Separating

Separating from your partner/wife/husband can be a difficult and emotional time, and there are many things to consider. There are some important steps that you should take after separating to protect your interests and ensure that you are making informed decisions about your future. Here are some of the first things to consider when thinking of separating or if you have recently separated.

1. Take care of yourself
Separation can be emotionally draining, so it is essential to take care of yourself during this time. You cannot take care of anyone else unless you take care of yourself first. Ensure that you are getting enough rest, eating well, and seeking support from family and friends. If your separation is particularly difficulty, it is strongly recommended that you speak with a counsellor or therapist to help you manage your emotions.

2. Find a family lawyer who specialises in family law.
If you and your partner have children or significant assets, it is advisable to seek the advice of a family lawyer who specialises in family law. They do not necessarily need to be a ‘family law specialist’, but you will do yourself a favour if you use a lawyer who works predominantly in family law rather than a ‘generalist’. A lawyer who works predominantly in family can advise you on your rights and obligations, help you negotiate a settlement with your partner, and represent you in court if necessary.

3. Inform other people as necessary
If you are renting, you may need to inform your landlord or property manager of your change in circumstances. If you own property together, you should inform your mortgage provider. If you have joint bank accounts or credit cards, you should contact your financial institution to discuss how you can manage these accounts. If you are concerned that your ex may take money out of joint accounts leaving you with insufficient funds to survive, then withdrawing some of those funds and depositing them into an account so that you are not left unable to support yourself or your children, may be a good idea. You should let your accountant know and you may also wish to informing a child’s school or childcare.

4. Consider your finances
Separation is likely to have a significant impact on your finances. Rental or mortgage costs may double if you are now living separately. You may wish to create a budget to help you manage your expenses, and you may need to consider applying for government benefits if your income has been affected. It is also essential to have a think about other possible new financial obligations, such as child support or spousal maintenance.

5. Make a parenting plan
If you and your partner have children, it is recommended that you make a parenting plan that sets out how you will co-parent your children after separation. A parenting plan should cover issues such as where the children will live, how you will share parenting responsibilities, when and how often the children will spend time with each parent and how you will make decisions about your children's education, health, and wellbeing. It is important that you understand that a parenting plan is not enforceable by the courts. It is a written agreement between parties to simply help them and the children clarify what arrangements are agreed.

6. Protect your assets and information
If you are concerned about your partner's access to your assets, you may need to take steps to protect them. This could include changing the locks on your home, securing your valuables, changing your nominated beneficiary on any life insurance or superannuation and updating your will. As suggested above, you may need to move some funds from a joint account into an account in your name, so that you are not left with no access to funds for day to day living.
You should also consider whether you should change passwords to email, phone, banking and social media if your ex-partner knew any of those.

7. Keep a record
It is can be very helpful to keep a record of all communications with your partner, including emails, text messages, and letters. This will help you to keep track of any agreements or arrangements that you make and can be useful evidence in the event of a dispute.

In summary
Separating from a partner can be a challenging time, but there are steps you can take to protect yourself and your interests, and to minimise the impact on children. Seeking the advice of a family lawyer who specialises in family law, taking care of yourself, and keeping a record of all communications with your partner are some of the essential steps you should take after separation.

12/05/2023

There once was a cake quite unique,
With rhubarb that made taste buds peak.
Daquoise layers so light,
Filled with tangy delight,
Each bite was a treat, so to speak!

Thank you David! :)
12/05/2023

Thank you David! :)

Hello everyone. We are very happy to announce that our first tenant has moved in!

Welcome Ana from Seawater Legal.

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Bairnsdale, VIC
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