11 Oct Who Needs A Family Lawyer in QLD?
A family lawyer in QLD deals with family-related issues and domestic relations. Most family law attorneys represent clients in a divorce and deal with other issues related to divorce, e.g., child custody and support, alimony, and the division of marital property. They also deal with issues related to child adoption.
Daily Functions of A Family Law Attorney
A typical family lawyer in QLD spends his day on such activities like:
- Negotiating medial family issues
- Returning phone calls
- Making draft of correspondence
- Preparation of pleadings for court
- Attending to hearings and motions in court
Section 90 Family Law Act
If a judge is requested by a QLD Lawyer to reconsider the present order concerning the child in your custody, that is called a section 90 application. The order may be allowed to remain the same, be changed or be cancelled.
Who Is A Child?
In family law, a child is a person that is below the age of 18.
Different Areas of Family Law
Family law comprises three major areas: Matrimonial, Finance, and Child law. A family lawyer in QLD may decide to specialize in either child law or matrimonial law. He may as well choose to enjoy a mixed client base.
Legal Right of Wife
The wife is free to live the same lifestyle as her husband and the in-laws. The law protects her from both mental and physical torture. The family lawyer in QLD has a role to play if there is an infringement on those rights.
Meaning of Mental Harassment
This section protects the wife against any physical or emotional harm caused by her husband or in-laws. Such an offense is punishable under the law. The culprit can be imprisoned for three years or more and be liable to heavy fines. More so, the offense is non-bailable.
Steps In Family Court
Primarily, the objects of the Family Court Act 1984, were to give conciliation to the litigants and to also prepare for fast dismissal.
Stage 1: Court Counseling and Mediation
Stage 2: Counter-Statement
Stage 3: Evidence
Stage 4: Cross-Examination
Stage 5: Decree and Order Passed by the Court
A family lawyer in QLD can help ensure that the right procedure is properly followed throughout the court process.
When Can A Child Decide On Which Parent To Live With?
To protect the child’s best interest, the court may allow him/her to express a preference. The presumption is that a child at the age of 12 and above is old enough to form an intelligent opinion. A family lawyer in QLD has a role to play in such a court process.
Final Thoughts
It will be illogical to conclude this discussion without mentioning the rights of the husband in a marriage. Husband can file joint state and federal tax returns. It is his right that allows him to receive family rate or marriage rate on car, health and liability insurance.He as well reserves the right to inherit his spouse’s property after death. He can as well sue for his spouse’s loss of consortium or wrongful death. A family lawyer in QLD can help pursue those rights.