Case Study – Family Law

Lawyer: Name goes here

Background:

Interstate relocation

The Story:

Our client Mary came to Melbourne 5 years ago with her husband, their baby and the Mother’s parents, who had relocated to Victoria from Western Australia (WA) as the paternal grandfather’s had found work in Victoria and wished to move.

Mary and her husband originally lived in their own home, but their relationship fell apart within 3 years of their arrival to Victoria and they were soon living separately, with the Father living on his own and Mary and her son moving in with her family.

As the child, Jason was only 4 years of age, Mary did not work.  The Father was self-employed and had reduced his income to a minimum wage, so that he did not pay child support.  As Mary had no financial assistance from her husband, her parents assisted her financially.

Mary wished to return to WA with her family.  The Father opposed the relocation.

Mary had commenced her matter with another lawyer, but came to us shortly after court proceedings were commenced, as she had racked up significant legal costs, without feeling that she had control over her case.


The Solution:

We initially attempted to negotiate this matter by consent, but Mary was steadfast in wishing to move to WA and the Father was resolute in his opposition to her relocation, so it was soon evident that Court intervention was required.  There were complications in the matter as Covid had resulted in restricted air travel, so the Court’s were cautious about international relocations.

The Father spent regular time with his 4-year-old son, however the time was initially supervised, as the Father had significant mental health issues which Mary alleged were untreated. 

This time soon changed to time with the Father’s partner in substantial attendance, as Mary trusted the new partner to inform her if the Father was unwell.

As the issues were narrow, we saved our client substantial costs by requesting a one-day trial and seeking orders which provided for the original affidavit to be used, in conjunction with a short affidavit updating the Court on the latest events.

In our client’s documents we included evidence of the Father’s ability to travel to Western Australia regularly and his history there, his ability to relocate to Western Australia if he wished to, our client’s reliance on her family who could provide her with low-cost accommodation and childcare so that she could reestablish her life, and the Father’s refusal to pay child support.

Recommendations were made by the family consultant that Mary should be permitted to relocate to Western Australia with her family as the Father had provided her with little financial and emotional support in Victoria and she would be unable to recover financially and raise the child without their assistance.  

We also proposed a parenting arrangement maintaining the relationship between the Father and child by permitting monthly travel by the Father to Western Australia until the child was 8 and then alternate month travel by the Mother and Father thereafter, bi-weekly facetime calls and half of all school holidays.

The Court decided in our client’s favour and Mary was permitted to relocate to WA with her family.

Can I afford it?

We appreciate that Wills & Probate cases can take a while to resolve. The costs can escalate unexpectedly, which is why at the commencement of a case, we provide you with the likely estimate of costs and guide you on your best way of minimising these costs.

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Read about our client’s experiences.

We focus on working together with our clients, so that the result is one we are both happy with.

Andy Z
Andy Z
2022-03-08
hqman74
hqman74
2022-02-11
Great lawyers, highly recommended
Vjollca Dervishi
Vjollca Dervishi
2021-12-13
When I first visited Aberdeen Lawyers I was scared and emotional, as soon as I met with Suzanne all my fears went away, she has this kind of magic to her that I can not explain. I can not whole heartdly recommend Suzanne at Aberdeen Lawyers enough! Suzanne made me feel like I was speaking to a good friend she made me feel welcomed and justified all my feelings, I was with Suzanne in my matter for a year and honestly she has become like family now. At every point in my case Suzanne walked me through it she made me laugh when I wanted to just cry. I have not met a most caring lawyer in my life and I've been through quite a few. I owe Suzanne my life. Thank you Aberdeen Lawyers- special mention to AnnMarie who went above and beyond for me also!
Paul Kelly
Paul Kelly
2021-11-23
Easy relationship with our conveyancers as we were first time property sellers. All calls were returned in a timely manner, and settlement was made easy for us!
Sally Mannix
Sally Mannix
2021-11-14
I first went to see Suzanne more than 3 years ago for what should have been a straight forward property settlement. I had no idea at that time just how complicated things were going to get. While I was having a lot of emotional breakdowns, Suzanne always remained calm and dealt with each new issue as they came up. While Suzanne was always professional, she was also very caring and empathetic at the same time. Her “can do” attitude and determination to do her absolute best for her client really stood out from that very first appointment. Suzanne and Vittoria were always available for a “calming” chat and, I can tell you, I needed plenty of them. Andre was very helpful and professional in dealing with another part of my property settlement, also having to deal with issues but able to get things done. I know that the reason I still have my home (with no more fear of ever losing it) is 100% due to Suzanne and her wonderful team. A big heartfelt thank you to you all, you are amazing! I would recommend Aberdeen lawyers to anyone, and I have!!!
Collette Marshall
Collette Marshall
2021-10-08
I Consulted with Emmanuel Kefalas for my Divorce & Property Settlement. Kind, Considerate & Knowledgeable with Family Law matters. Emmanuel has a soft tone and was compassionate which made a big difference to my mental state at the time. I appreciated that he wrapped up the settlement as soon the opportunity emerged, no delays ! Thank you. I highly recommend a consultation with Aberdeen Lawyers
Jayne Cassar
Jayne Cassar
2021-09-21
Suzanne and the team at Aberdeen Lawyers were supportive, professional, reassuring and compassionate throughout my recent emotionally stressful case. I was guided through every step of the legal process. They were by my side the whole way through. I highly recommend Aberdeen Lawyers. Thankyou Suzanne for your guidance and support.
Rebecca Shill
Rebecca Shill
2021-09-17
Thank you to Suzanne and AnnMarie from Aberdeen Lawyers for all their hard work on my Family Court Matter. You were very professional and knowledgeable when it come to Family Law. I appreciate all the support you have given myself.
walter fiedler
walter fiedler
2021-08-19
I highly recommend Aberdeen Lawyers, as they helped me settle a long and ongoing property dispute with a very good outcome in my favour and I could not be happier. Big thanks to Val and Suzanne
Vasanthi Christina Jayasingh Lazarus
Vasanthi Christina Jayasingh Lazarus
2021-08-14
I went through a very difficult (to say the least) and traumatic children custody court case for 2 years. Emmanuel from Aberdeen lawyers was referred by one of my friend, who was going through his own case at the time. He too had only great things to testify about this law firm. Right from the time I made an appointment for the initial consultation, starting from Vittoria, in the reception, everyone in the law firm were very warm and empathetic. Emmanuel is a very genuine lawyer, who listens and wants the best outcome for his clients. He makes time whenever needed and is always available to discuss any aspect of the case, however small it maybe. He is always reachable and returns calls and emails promptly. The one thing that really stood out for me about him was that he never once during the whole process made any claims or promises to just make it look good or easy. I’m really grateful to him for getting us across the line with a positive outcome. He took me through every step of the process patiently and provided the much needed moral support I needed to get out of the traumatic experience. I would highly recommend Emmanuel and Aberdeen lawyers for their professionalism!!!

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