Family Law Parenting and Children’s Matters
FCFCOA changes and newly introduced Court Lists have changed how family law parenting and children’s matters should be commenced and conducted. Gain a valuable summary of the Rules and pathways and examine the role of the Independent Children’s Lawyer in family law proceedings. Gain practical guidance on dealing with parental alienation from a legal and therapist’s perspective. Obtain insights into the most relevant recent parenting cases that will assist you in your daily practice. WEB223N58
Description
Attend and earn 4 CPD units including:
1 unit in Substantive Law
3 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Natasha Mastroianni, Senior Associate, Forte Family Lawyers; Accredited Specialist in Family Law
Professional Skills
1.00pm to 2.00pm A New World Order: Commencing and Conducting Parenting Proceedings in the Federal Circuit and Family Court of Australia
A summary of the new Rules and pathways that apply in a parenting case in the new FCFCOA including:
- Matters that need to be attending to prior to commencing proceedings
- Documents to be filed upon commencement of proceedings
- Court pathways: Child Court Expert/Child Impact Reports
- The Evatt List
- Lawyer obligations
- Expert evidence
- Disclosure
- The Contravention List
Presented by Melinda Winning, Partner, Barkus Doolan Family Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Parenting & Children’s Matters Lawyer, Doyle’s Guide 2021
Professional Skills
2.00pm to 3.00pm The Role of Independent Children’s Lawyer in Family Law Proceedings
- When is an ICL appointed?
- What should the ICL be doing during and after the proceedings?
- Ascertaining a child’s wishes
- The ICL as the ‘honest broker’
- Making the most of your ICL
Presented by Mark MacDiarmid, Principal, Mark MacDiarmid Family Law Specialist; Recommended Family Law Mediator, Doyle’s Guide 2021
3.00pm to 3.15pm Break
Professional Skills
3.15pm to 4.15pm Parental Alienation and Contact Resistance: A Practice Guidance
- How the courts might rule on parental alienation
- Useful tools for navigating co-parenting issues
- How practitioners should be alert to unpacking cases where a child solely rejects one parent
- ‘What harm can it do if I tell my child the truth about the other parent?’ One of the alarm bells of this coercive behaviour
- The added complexity of parental alienation raises the stakes for all in high conflict, emotionally charged separations. So when is it real and purposeful? How do we tell?
Presented by Darren Mort, Barrister, Patterson’s List Barristers and Nicole Armstrong, Managing Director, Therapist, The Relationship Practice
4.15pm to 5.15pm Recent Parenting and Children’s Matters Cases
Examine some of the most relevant recent decisions relating to Parenting and Children’s matters cases and take away what you need to know.
Presented by Catherine Spain, Barrister, Recommended Family Law Junior Counsel and Parenting & Children’s Matters Barrister, Doyle’s Guide 2021 and Janai Tabbernor, Barrister, Waratah Chambers
Presenters
Melinda Winning
Melinda was admitted as a solicitor in 1998 and has been an Accredited Specialist in Family Law since 2003. She has exclusively practiced family law for over 21 years, including property, spouse maintenance, child support, international child abduction, complex parenting cases and proceedings involving third party creditors, including trustees in bankruptcy. Melinda has been with the firm since 2001 and became a Partner of the firm in 2011. Melinda has also been involved in a number of Appeals that have been decided by the Full Court across a wide range of areas, including parenting, child support, spouse maintenance and Pre-Nuptial Agreements. Melinda’s depth of knowledge and ability to identify with clients allows her to approach all aspects of her practice with a view to achieving the best possible outcome for clients through mediation, if possible, or litigation. Melinda is also qualified as an Arbitrator.
Darren Mort
Darren practiced as a solicitor for three years with one year in the Gippsland area performing mainly advocacy work. From 1988 - 1990 he was employed by Judge Hassett at the County Court as a Judges' Associate. During that time, he also performed research work with other Count Court Judges for the Sentencing Manual. In 1990 Darren signed the Bar Roll and read with Mr Howard Mason. In 2001 Darren became a Mentor to his first reader, Mr Russell Stubbs. Darren practices solely in the area of Family Law and DeFacto Property Law. On April 2002 he became an accredited Arbitrator registered on the List of Arbitrators kept by the Australian Institute of Family Law Arbitrators and Mediators. Darren also lectures at Victoria University in relation to legal aspects affecting the fitness industry and profession.
Nicole Armstrong
Nicole Armstrong is committed to working with individuals and families who are experiencing conflict or issues within their relationships - past or present. Nicole’s approach is consultative and inclusive. Comfortable working within high conflict situations, Nicole has a strong understanding of family dynamics, with a special interest in working with adult survivors of childhood sexual abuse. (CSA) Her practice has been developed to assist people to manage relationship, parenting and conflict situations in their lives enabling them to move forward in positive and meaningful ways. Nicole practices as a Family Therapist alongside her practice as a Family Dispute Resolution Practitioner [FDRP].
Catherine Spain
Catherine Spain was admitted to the Bar in 2012. She practices exclusively in the area of family law and has appeared in the Family Court of Australia, Supreme Court and Federal Circuit Court. Catherine has been named in the Doyle’s Guide as one of the Recommended Family Law Junior Counsel each year from 2016 to 2021. Catherine is also a member of the ACT/NSW AFL Tribunal.
Janai Tabbernor
Janai Tabbernor was admitted to the Bar in 2019, joining Waratah Chambers as a reader with Chris Othen. She is a member of the NSW Bar Association. Janai comes to the bar after spending two years as the Legal Associate to the Hon. Justice Ryan, Judge of the (then) Full Court of the Family Court of Australia. Since coming to the bar Janai has primarily acted in a broad range of family law disputes, including complex property (including for third parties) and parenting matters, and advised and appeared in matters in respect of forum and jurisdiction. She has particular expertise in appellate matters from her time as a Legal Associate in the Full Court. Janai has appeared in the city, suburban and regional Family Law Courts and Federal Circuit Courts, in cross-vesting matters in the NSW Supreme Court, the Children’s Court and in NCAT matters in respect of Child Support. Janai also accepts briefs in the areas of employment, estate and family provision law. Prior to her time as a Legal Associate Janai was a graduate solicitor at the Crown Solicitors’ Office working in the Inquiries and Torts teams, and has worked as a paralegal at a specialist immigration law firm. Prior to studying law Janai worked as a Senior Policy Advisor to various federal and NSW Ministers and Shadow Ministers.
Natasha Mastroianni
Natasha is an Accredited Family Law Specialist. She has experience in a range of family law matters, including property settlements, financial agreements, parenting matters (including interstate and overseas relocation issues), child support and intervention order proceedings. Natasha was admitted to practice in August 2014 and commenced her career in a generalist practice where she gained experience in family law, property law, wills and estates. Natasha worked in a boutique family law practice prior to commencing at Forte in February 2020. Natasha has a Masters of Applied Law (Family Law) from the College of Law and speaks conversational Italian.