We deliver expert advice, compassionate guidance, and practical solutions to help you resolve your family law matter with confidence and clarity.
Parenting and Children
Parenting matters involving arrangements for the care of children require a careful, measured and sensitive approach. The circumstances of each family and each child is unique. We tailor our advice to the personal circumstances of each of our clients.
In May 2024, the most significant amendments in 20 years came into effect in relation to Part VII of the Family Law Act 1975 in relation to children. At Goldman Clark, we are skilled at advising our clients in relation to parenting disputes, focusing on the early resolution of matters where possible, and otherwise, in representing our clients in parenting proceedings before the Court of varying complexity.
We offer expertise in parenting matters including:
- Parenting plans and parenting orders providing for the parenting arrangements for children
- Parentage, and matters involving disputes about parentage of children
- Mediation and dispute resolution
- Relocation (including interstate and international relocation)
- Recovery and unlawful removal of children (including Hague Convention matters)
- Complex parenting disputes including matters where there are allegations of family violence, illicit drug use, excessive alcohol use and other risk factors.
At Goldman Clark, we work with proficient mediators, family dispute resolution practitioners, family report writers, psychologists, psychiatrists, social workers, therapeutic counsellors, and post separation parenting professionals to assist our clients with the resolution of parenting matters. We act on behalf of parents, grandparents, family members, and donors in parenting matters. We have extensive experience acting for clients engaged in proceedings before the Federal Circuit and Family Court of Australia in relation to parenting disputes of all levels of complexity.
Property and Financial Matters
The financial consequences of separation can be uncertain and overwhelming. We are experienced and skilled at advising clients in relation to financial matters arising from separation, including property settlements (division of property and superannuation), child support and maintenance, including spousal maintenance and maintenance for adult children.
From modest asset pools to property settlements involving pools of significant value including businesses, companies, trusts, self-managed superannuation funds, international assets, and complex accounting and taxation considerations, we provide considered, strategic, and commercial advice to assist our clients to focus on reaching a resolution and achieving favourable outcomes. We have extensive experience acting for clients engaged in property proceedings before the Court.
We offer expertise in property matters including:
- Property settlement (division and adjustment of property)
- Spousal maintenance
- De facto financial matters (division of property and maintenance)
- Complex property settlements (involving businesses, companies, trusts, international property and taxation issues arising from a division of property)
- Superannuation (including self-managed superannuation funds)
We also advise our clients in relation to:
- Child support (including child support departure orders and child support agreements); and
- Adult child maintenance arrangements.
De Facto Relationships
Like married couples, upon the breakdown of a de facto relationship, provided certain requirements are met, de facto couples may apply to the Court to resolve disputes in relation to the division of property, superannuation, and if appropriate, to seek orders for the payment of maintenance.
The Family Law Act defines a de facto relationship.
The Act further sets out the matters to be considered when determining if a de facto relationship was in existence.
Often, disputes can arise as to the threshold issue of whether the relationship constitutes a de facto relationship as defined in the Act, and at law.
At Goldman Clark, we are skilled in providing advice to clients as to their entitlements following the breakdown of a de facto relationship and the likely range of outcomes that can be expected if it is necessary for the matter to be determined by the Court.
International Matters
At Goldman Clark, we can assist with family law matters that involve complex issues of international family law, and forum disputes between jurisdictions.
We can assist in relation to Hague Convention proceedings where orders have been sought for the return of the children to another country and clients faced with a forum dispute with competing proceedings in two jurisdictions.
As a fellow of the International Academy of Family Lawyers, Rebecca Goldman attends conferences abroad and is connected to family lawyers in various jurisdictions.
Financial Agreements
Under the Family Law Act 1975 (Cth) parties can enter into a “Financial Agreement”. Such Agreements can be entered into before marriage, commonly known as a “pre-nuptial agreement” or before entering into a de facto relationship.
They can also be entered into during a marriage (a “post-nuptial agreement”) or de facto relationship or to document a property settlement between the parties after the breakdown of marriage or a de facto relationship has broken down.
There are strict legal requirements imposed by the Act, and at law, and each party must have independent legal advice as to the effect of the proposed Financial Agreement upon their rights and the advantages and disadvantages of entering into the proposed Financial Agreement.
At Goldman Clark, we are skilled and experienced in negotiating, drafting and advising clients on Financial Agreements.
Family Dispute Resolution, Mediation and Pre-action Procedures
Prior to the commencement of proceedings in relation to children and parenting arrangements it is expected that parties will have made a genuine attempt to resolve the issues in dispute.
Exceptions apply, for example, in the case of urgency or where there are family violence and safety concerns.
It is a requirement that the parties have attended Family Dispute Resolution with an accredited Family Dispute Resolution Practitioner. For many clients, attending Family Dispute Resolution at any early stage can facilitate the amicable resolution of matters.
The Court also requires that parties who commence proceedings in relation to parenting and property matters comply with the Court’s Pre-action Procedures.
At Goldman Clark, we can guide you through this process, recommend alternative Family Dispute Resolution services and provide detailed advice in relation to the Court’s Pre-action Procedures enabling clients to take steps at an early stage to attempt to resolve matters before seeking the intervention of the Court.
Child Support
Following the breakdown of marriage or a de facto relationship advice is often sought from our clients in relation to appropriate child support arrangements including arrangements for the payment of expenses for children such as educational, medical and extra-curricular expenses.
Child support is an often complex and difficult issue to resolve.
In some cases, where there is litigation on foot it may be appropriate to apply to the Court for a “departure order” and to seek orders from the Court for child support, in the form of periodic and / or non-periodic support.
At Goldman Clark, we assist our clients to navigate child support arrangements whether it be by making an application to the Court, advising in relation to a “Change of Assessment” Applications to Services Australia – the Child Support Agency or the negotiation and drafting of Binding and Limited Child Support Agreements in the context of resolving financial matters between the parties.
Family Violence and Intervention Orders
At Goldman Clark, we have extensive experience advising clients in relation to intervention orders.
The definition of Family Violence under the Family Violence Protection Act 2008 (Vic) and under the Family Law Act 1975 (Cth) is broad.
We are skilled at advising clients in relation the Family Violence Intervention Orders and the impacts of the same in parenting and property proceedings before the Federal Circuit and Family Court of Australia.
We work closely with our criminal law colleagues where there are allegations of breaches of an intervention order and criminal charges.
Third Parties
At Goldman Clark we have extensive experience advising third parties who may become involved in family law matters.
This includes advising in relation to the following:
- Advice in relation to those who may have standing to seek parenting orders, for example, grandparents, other family members, and in relation to matters involving donor conceived children;
- Advising third parties who have been served with a subpoena to produce documents;
- Advising third parties who have been or a likely to be joined to property proceedings before the Court; and
- Advising clients in relation to loan agreements, and loan and gift arguments, and arrangements, in a family law context.
