Publication

Sharing the Children: Where Are We Now?

Michael Emerson Principal Emerson Family Law and Denise Britton Principal Psychologist Britton Psychological Services The 2006 Changes – Impact at the Coalface The provisions of the Family Law Act relating to ‘parenting’ cases are largely contained in Part VII of the Act. Part Vil was significantly changed by amendments in 1995 [Family Law Reform Act...

Publication

The Counsellor’s Role in Family Law Disputes

DENISE M BRITTON B.Soc.Wk., M.Litt., M.A.Ps.S. Principal Psychologist Britton Psychological Services Pty Ltd and Partner Brisbane Mediations To litigate, conciliate or mediate? The perspective of a mental health professional. We all know that litigation is alive and well. For many of us this fact is brought home regularly by a hurried trip up George Street...

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Involving Children in Family Dispute Resolution

NEW RESPONSES TO THE FAMILY LAW ACT AMENDMENTS The focus of this paper is child inclusive dispute resolution – especially that which is outside the litigation pathway. Current issues are placed in perspective in relation to their historical context. Techniques, practitioners, benefits to children and parents, contra-indications, risks and conundrums are discussed. Views expressed come ...

Publication

Joint Interactive Session – Denise Britton and Mike Emerson – “The Interview”

IN THE EYES OF THE CHILD: EXPLORING THE INTRICACIES OF DOMESTIC VIOLENCE, CHILD ABUSE, PSYCHOLOGY AND EVIDENCE IN CHILD LAW Identifying Family and Domestic Violence: What is family and domestic violence? The most common community definition in Queensland is: Domestic violence occurs when one person in an intimate relationship behaves in a way that causes...

Publication

Update on Shared Parenting

Mike Emerson Principal Emerson Family Law Family Law in Practice 2011 Update on Shared Parenting 1. Best Practice Shared Parenting Orders The 2010 Best Practice Guidelines for Lawyers Doing Family Law Work do not make specific reference to best practice in relation to shared parenting orders, however the do have comprehensive guidelines in respect of...

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Residence: separation, relocation &with whom the children live

 The Significance of the Changes The Shared Parenting reforms commenced on 1 July 2006. The hype surrounding the new legislation spoke of ‘significant reforms’, ‘a cultural shift in how family separation is managed’, ‘co-operative parenting’, and ‘moving away from litigation’. The government’s aim was clearly to change the culture of family separation by placing the...

Publication

Family Law – Settling Out of Court and The New Shared Parenting Regime

Lexis Nexis General Practice Colloquium Conference Friday 8 December 2006  MICHAEL EMERSON PRINCIPAL EMERSON FAMILY LAW FAMILY LAW – SETTLING OUT OF COURT AND THE NEW SHARED PARENTING REGIME  Dispute Resolution  Comparing the options of Family Law Dispute Resolution and knowing which option is the best for your client. “Discourage litigation. Persuade your neighbours to...

Publication

The Shared Parental Responsibility Legislation – The New Regime

In this paper my purpose is not to detail and analyse the extensive provisions of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (the Shared Parenting Act) and ancilliary changes. The handbook recently published by the Family Law section of the Law Council of Australia as part of its national seminar series on the...