Mediation is a way that you and your former partner can try to work out your dispute without going to court. You work with a mediator to talk to one another and come to an agreement about issues such as custody, access, child or spousal support, division of property and the matrimonial home.
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In situations of extreme urgency, a woman may be able to bring an ex parte motion. In this process, her partner is not served with the documents and the judge makes a decision the same day as the woman files her Notice of Motion, Affidavit and other documents (for example,
Women who have experienced abuse often need orders more quickly than the regular family court process provides them. Motions are a way for people to ask the court for short-term orders on any of the issues that have been raised in the Application or Answer. These orders are usually called interim or temporary and run for a specific period of time.
In Part 1 of this FAQ, I explored some of the reasons why many women find it hard to talk about their experiences of abuse as well as why they need to share this information. This week, I’ll provide tips for supporting women so they can disclose abuse.
Your job to help a woman open up about her experience starts well before you meet with her and extends beyond the end of your meeting.
Service providers, lawyers and other professionals working with women who have experienced abuse often assist women in recording their history of abuse for court documentation and safety planning. Both of these responsibilities require women to talk to you about the abuse they have experienced but, as we all know, this is not always easy for women.
Domestic contracts are legal agreements entered into by people wishing to set their own terms in their relationships with one another and include cohabitation agreements, marriage contracts and separation agreements.
To be legally binding, the contract must be in writing and signed by each person in the presence of a witness.
Mediation is one form of alternative dispute resolution (ADR) that women may be encouraged to use during their family court process. In recent years, there has been an increasing emphasis on the use of ADR to resolve family law differences and disputes.
In some family law cases, ADR can be better than going to court.
Service providers often provide women with information about family law and the family court process, which is of critical importance but is distinct and different from giving legal advice. Workers must be clear with the client that they are providing information only, not legal advice.
This is, as you are already well aware,
Many of the women we work with become involved with the Office of the Children’s Lawyer (the OCL). This FAQ provides some background information about the OCL, how it can become involved in a custody and access dispute and the role it plays and then suggests some tips to support women who are dealing with the OCL.
An Indigenous woman leaving an abusive relationship must deal with all the issues faced by any woman leaving an abuser: ensuring safety for herself and her children, finding housing, making safe custody and access arrangements for her children, sorting out financial and property issues with her former partner and so on.
