When experiencing a divorce or separation with children involved, the focus inevitably shifts towards them. This typically necessitates obtaining legal representation to secure the most favourable outcome for your children.
Numerous solicitors provide complimentary initial consultations to delve into your circumstances and explore how they can offer assistance. These consultations often incur charges based on the solicitor's hourly rate, underscoring the significance of maximizing the value of the time spent during these meetings. Here are five questions to ask your solicitor.
Who Has the Authority to Determine the Visitation Timetable?
Many courts encourage divorcing parents to independently establish their visitation schedule. Your proposed visitation plan will be presented to the court for assessment. If accepted, you can proceed as planned. If not approved, you can collaborate with your family law attorney to create a visitation schedule that meets the court's standards.
If your ex-spouse is unwilling to cooperate in setting visitation rules, and if you both cannot agree, the courts will intervene to develop a visitation arrangement that prioritizes your child's best interests.
Do These Objectives for the Divorce Appear to Be Realistic?
Experiencing a divorce, especially with children involved, can trigger strong emotions. Take time to pause and contemplate periodically during this journey. Don't hesitate to seek advice from family lawyers Brisbane about the practicality of your divorce goals. Their perspective can assist in moderating any unrealistic expectations.
Given the emotional intensity of divorce proceedings, staying objective can be difficult. Your view of a fair visitation plan or custody agreement might not align with your attorney's professional assessment. Consistently soliciting feedback on your reasonableness ensures you leverage your attorney's expertise. Following their guidance enhances the chances of a positive outcome in court.
Is it Necessary for Me to Attend Court?
Legal proceedings can be lengthy and costly, often creating division between the parties involved. This becomes particularly challenging in cases concerning children, as effective communication between co-parents is essential for the well-being of the child, spanning at least 18 years if not longer.
Understand your solicitor's approach, whether they prioritize court intervention or explore alternative dispute resolution (ADR) methods first. When consensus cannot be reached, resorting to court intervention may become necessary. However, this avenue should be considered a final option, as success is not guaranteed even for the applicant, and the desired outcome may not be achieved.
What Kind of Resources Can I Access?
Solicitors have extensive access to resources to assist you in your circumstances and community. These resources may include specialized parenting programs, counselling or mediation services, and other experts in family law. Additionally, they can guide you towards online materials for additional information on your available choices.
If you are considering representing yourself (without a solicitor), they can also outline the subsequent actions involved in applying to the court independently and where to access all relevant details for this process.
What Occurs After a Court Order is Issued?
Understand the consequences of a court order once it is issued, as this may influence your decision to apply. Your solicitor can explain the effects of an order, including the outcomes if it is breached. A party that breaches an order will face legal repercussions, and there are steps the non-breaching party can take in such situations.
Endnote
In your custody case, collaborating with a qualified family law attorney can help you navigate the complex legal system and safeguard your and your child's best interests.
