Family Law Difficult Parenting and Children’s Matters
Dealing with parenting & children’s matters can challenge even the most experienced family law practitioner. You will scrutinize the key issues with an expert panel who will share their insights. Take a deep dive into relocation issues, recent decisions & real-life scenarios, be shown what it takes to get your case across the line. Uncover current views on assessing unacceptable risk & how to manage the difficulties when children refuse. Finally, be up-skill on preparing your client for mediation WEB233N62Z
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Mark Sayers, Barrister, Quay 11 Chambers
1.00pm to 2.00pm To Go or Not to Go: The Perils of a Relocation Case
- Summary of recent relocation decisions in light of leading authorities
- Reality testing the proposition that you don’t have to show compelling reasons
- What do you need to include in your evidence
- Is there any scope for compromise?
- Dealing with some scenarios: considering what the pitfalls/strong arguments are, what needs to be incorporated in evidence to get it across the line, ideas for compromise and meeting client expectations
Presented by Rachell Davey, Partner, Lander & Rogers; Accredited Specialist in Family Law; Recommended Parenting & Children’s Lawyer, Doyle’s Guide 2022
2.00pm to 3.00pm Assessing Unacceptable Risk: Types, Evidence and Interventions
- Types of risk
- Evidentiary confidence levels
- Identification of interventions
- Children with special vulnerabilities
Presented by Dianne Pendergast, Barrister, Brisbane Chambers; Recommended Family Law Junior Counsel and Parenting & Children’s Matters Barrister, Doyle’s Guide 2022
3.00pm to 3.15pm Break
Professional Skills
3.15pm to 4.15pm What to do When Children Refuse
- Identifying the cause of the refusal
- Parental alienation vs parental alignment
- Role of the expert in the case
- Running the case
- What can the court achieve
- Recent case examples
Presented by Evelyn Young, Partner, Mitchell Family Law; Accredited Specialist in Family Law; Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2022 and Nicole Armstrong, Managing Director, Therapist, The Relationship Practice
Professional Skills
4.15pm to 5.15pm How to Help Your Client Prepare for Parenting Mediation
- Advising clients before FDR without legal assistance
- What can you tell your client before seeing the Court Child Expert or family report writer?
- Helping a client understand a family report
- Working with your client and the mediator in a pre-mediation conference
- Preparing your client for the emotional challenge of mediation
Presented by Emma Swart, Barrister, Foley’s List; Nationally Accredited Mediator, Victorian Bar Advanced Mediator, FDRP and Family Law Arbitrator
Presenters
Mark Sayers
Dr Mark Sayers has practiced at the private bar since 1998, specializing in Family Law since joining Quay 11 Chambers in 2000. Mark has an academic background and is a published author in jurisprudence with particular focus both on human rights and therapeutic jurisprudence. Mark has served on parole boards and the Mental Health Review Tribunal (Qld) and is a regularly engaged to speak at Family Law professional development conferences.
Rachell Davey
Rachell has practised in family and relationship law since 2000. She has been involved in all aspects of family law with particular expertise in complex property and financial matters. Rachell holds a Master' of International Law (2005) from the University of Melbourne and practises in international family law matters involving expatriate Australians, or for clients across multiple family law jurisdictions. She is highly adept at resolving complex property matters involving corporate entities, businesses, addressing the taxation implications of settlement and third parties. Rachell has extensive experience drafting financial agreements (both pre and post nuptial) and advising clients of the appropriateness of a financial agreement in their circumstances. She also assists clients with complex parenting arrangements involving interstate and overseas relocation. Rachell is an Accredited Specialist in Family Law (2005) and previous member of the Accredited Specialist Committee. She is listed in Doyle's Guide as a Rising Star in Family Law (2016) and a leading practitioner of Parenting and Children's Matters (2018 to 2022). She has been recognised in Best Lawyers (Australia) for her expertise in Family Law. Rachell is also a regular presenter and author covering family law topics.
Dianne Pendergast
Dianne Pendergast was admitted to practice law in 1986. Since then she has practiced predominantly in family law, wills and estates, child protection and domestic violence. Dianne was a partner in a boutique practice until 1992, when she was appointed as a registrar of the Family Court where she worked as a mediator, conciliator and conducted interim hearings for the next 14 years. In 2006 Dianne was appointed to the statutory position of Adult Guardian (Qld.). Dianne has practiced as a barrister for the last 10 years.
Evelyn Young
Evelyn has practiced exclusively in family law since 2011. She has extensive experience in all aspects of family law including property disputes, children’s matters, de facto matters, financial agreements, spousal maintenance, surrogacy and child support. Delivering the best possible outcomes to clients in a practical and cost effective manner is Evelyn’s overriding objective. She is also a trained Collaborative Lawyer, and enjoys assisting clients with the Collaborative Practice process. Evelyn is an Accredited Family Law specialist and is recognized in the 2019-2020 editions of Doyle’s Guide as a Recommended Parenting and Children’s Matter Lawyer. She has written and delivered papers on many areas of family law, and is a regular presenter. She was the joint winner of the 2015 LIV Rogers Legal Writing Award for the best contribution to the Law Institute Journal. Evelyn is a member of the Family Law Advisory Committee to the Accreditation Board of the Law Institute of Victoria for Family Law.
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’s corporate background is as a business owner of over twenty years in client focused communication and mediation with ten years tertiary and postgraduate lecturing and mentoring in these fields. Her field of personal interest is ethics. Nicole's current research is in parental alienation and coercive control within and post relationships. Nicole practices as a Family Therapist alongside her practice as a Family Dispute Resolution Practitioner [FDRP].
Emma Swart
Emma Swart practices predominantly in family law and appears regularly in the Family Court, Federal Circuit Court and the Family Court of Western Australia. She is also a Nationally Accredited Mediator, FDRP and Family Law Arbitrator.