Newcastle Children and Family Law Services | Custody, Support, Legal Guidance

CHILDREN & FAMILY LAW

Compassionate legal support for your family's future. From child custody to child support, we're here to guide you through life's most important transitions with care.

Are you facing a family law issue that requires legal support? We understand the challenges and stress that come with children and family law.

At Ann Legal, we have helped many families in Newcastle, Maitland, Central Coast, Lake Macquarie, and the Hunter region find the best possible outcomes for their unique situations. Our team of experienced family lawyers can assist you with all aspects of family law, including child custody, recovery orders, child support, mediations, and domestic and family violence.

We know that family law matters can be emotionally and financially draining, which is why we offer compassionate and cost-effective legal solutions to our clients. We strive to achieve the best possible outcomes for our clients while minimising conflict and stress.

At Ann Legal we understand that each family's situation is unique and we will provide personalised legal advice tailored to your specific needs. Contact us today for a confidential consultation with one of our experienced family lawyers. We are ready to help you and your family through life's most challenging transitions.

What we do

Parenting Arrangements

YOUR LOCAL FAMILY LAWYERS

Are you looking for a family lawyer in Newcastle, Maitland, Central Coast, Lake Macquarie, or the Hunter region that works with children family law matters? Look no further than Ann Legal. Our experienced family law solicitors are here to provide compassionate, yet effective legal representation for child custody, visitation rights, child support, mediations, domestic and family violence, and other family law matters. At Ann Legal, we believe in building strong relationships with our clients and helping them achieve the best possible results. Don't just take our word for it - click here to read what our satisfied clients have to say about their experience working with us in their own words.

FIXED FEE SERVICES - CLICK HERE

CALL OUR FAMILY LAWYERS TODAY (02) 8005 8025

Our team understands that child-related legal issues can be emotionally charged and complex. We are committed to providing personalised attention to every case we take on, whether you are located in Newcastle, Maitland, Central Coast, Lake Macquarie, or the Hunter region. Our lawyers have the knowledge and experience to help you navigate the complexities of family law and achieve a favourable outcome.

Featured Children Family Law Services

CHILD CUSTODY

How can Ann Legal help?

We will provide legal guidance and support for parenting arrangements. We can help you establish, modify or enforce parenting arrangements, as well as assist with negotiating parenting plans and consent orders that meet the unique needs of your family.
We can help you navigate travel and relocation issues whether it's a new city or state. An example of this would be a parent seeking to relocate to a new city for a job opportunity.
We can assist with child support matters.
We can help with recovery of children. In cases where a child has been taken without permission, we can step in and seek the recovery of a child. An example of this would be a parent seeking the return of their child who was taken without permission by the other parent.
We can help you navigate special circumstances. We can provide legal support for parents with special circumstances, such as cases involving children with special needs or complex custody issues. An example of this would be a parent seeking to establish a custody agreement that takes into account the unique needs of their child with a disability.
We can help you celebrate special days. We can help you establish parenting arrangements for celebrating special days with your children, such as holidays, birthdays, and other important events.

Inconsistent AVO and Family Court Orders

International Travel with Children: A Guide for Parents

How will our assets be divided?

The division of assets between parties is determined through a four-step process under the Family Law Act 1975. This process involves identifying and valuing assets and liabilities, assessing contributions to the acquisition and maintenance of assets, assessing future needs, and considering whether the proposed division is just and equitable. The court considers all relevant factors, such as the length of the relationship, age and health of the parties, and any other relevant considerations. It's essential to seek legal advice to understand your rights and obligations regarding property settlement.
Are there prenups in Australia?

Yes, prenups, also known as binding financial agreements (BFAs), are recognized and enforceable in Australia. They are designed to set out how assets will be divided in the event of a separation or divorce. Both parties must obtain independent legal advice before signing a BFA, and it must meet certain legal requirements to be enforceable.
What are financial agreements?

Financial agreements refer to legally binding agreements that outline how assets and financial resources will be divided between parties in the event of a separation or divorce. They are commonly known as binding financial agreements (BFAs) and can cover various aspects of financial matters, such as property, superannuation, and spousal maintenance. BFAs must be in writing, signed by both parties, and certified by a lawyer to be legally enforceable.
When can I enter into a Binding Financial Agreement (BFA)?

You can enter into a financial agreement before, during, or after a relationship. Before signing a financial agreement, both parties must receive independent legal advice and the agreement must meet certain legal requirements to be binding and enforceable. It's important to seek legal advice to ensure the agreement is fair and meets your needs.
Is there a time limit for a property settlement after a divorce is granted?

Yes. You only have 12 months from the date your divorce becomes effective to make a property settlement or spousal maintenance claim. This is why it is strongly recommended that separating couples sort out their finances well before a divorce is granted.
What happens to super in property settlements?

Superannuation in Australia is considered as property and can be divided between separating couples as part of their property settlement. This can be done through splitting, which involves transferring a portion of one person's superannuation to the other person's fund, or flagging, which involves setting aside a portion of the superannuation until a certain condition is met. It is important to note that superannuation must be specifically addressed in the settlement, and can be agreed upon by the couple or ordered by the court.
Do I have to pay child support even if my ex isn't letting me see my child?

Yes. Even though a parent may not see their child regularly they may still be assessed for child support.
Can my ex travel overseas with our child without my consent?

If both parents have parental responsibility for the child, then they usually must either both consent to the child travelling overseas or there must be a court order allowing the child to travel. If only one parent has parental responsibility, they may be able to make the decision to travel overseas with the child without the other parent's consent or a court order, but this will depend on the circumstances of the case.
Will I stop paying child support if I remarry?

Remarrying in Australia does not automatically end child support obligations. Child support is based on the child's needs and parents' income. However, if remarrying results in a change of income or circumstances, a parent can apply to the Child Support Agency for a reassessment.
Do I have to take my child to court?

It is not mandatory for a child to attend court in family law proceedings, and it is generally not encouraged unless it is necessary for the court to hear from the child. The court may make other arrangements, such as appointing an independent children's lawyer to represent the child's interests, or they may ask a court child expert to speak to the child and hear the child's views.
If there's an AVO against me and the children are listed on it, can I still see them?

If you have an Apprehended Violence Order (AVO) against you in NSW for the protection of your children, the terms of the order will generally prohibit you from contacting or approaching your children. However, it may be possible to arrange supervised contact with your children in certain circumstances, such as through a court order or with the agreement of the other parent/protected person. It is important to seek legal advice to understand your options and obligations.
I received a letter from my ex's solicitor asking to see the children more. What should I do?

It is not recommended to ignore a solicitor letter. Solicitor letters are typically sent to communicate legal matters and in an attempt to resolve a matter without the need to go to court. If you receive a solicitor letter, it is important to read it carefully and seek legal advice as soon as possible. Ignoring the letter may result in legal action being taken, which can be costly and time-consuming.
What happens to overseas assets in a property settlement?

Overseas assets are considered as property and can be taken into account in a property settlement in Australia. However, dividing these assets can be complex due to foreign laws and regulations. The couple or court must determine the value of the assets and whether they are owned jointly or separately. If the assets are owned jointly, they will be divided according to the agreement or court order. If owned separately, they will be treated as individual property. It's important to consider tax and legal issues in both Australia and the country where the assets are located. Legal advice from foreign and Australian lawyers may be necessary.
What is a divorce?

A divorce is the legal end of the marriage. In Australia you can get divorced by filing an application in the Federal Circuit and Family Court of Australia. You can file an application for divorce by yourself (sole application) or together with the other party to the marriage (joint application). Once the divorce is granted the parties are no longer legally married. Divorce, however, does not deal with matters such as spousal maintenance, property or financial settlement or parenting and custody orders.
Can I get divorced?

To be eligible for divorce in Australia you must be either: born in Australia or have become an Australian citizen by descent (born outside Australia and at least one parent was an Australian citizen and your birth is registered in Australia). an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required). lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months - evidence must be provided e.g. your passport showing the date of arrival at least one year prior and a valid or current visa. To be eligible for divorce in Australia you must also show that: the marriage has broken down and there is no reasonable likelihood that the parties to the marriage will get back together the parties to the marriage have been separated for 12 months and 1 day or longer
I've been married less than 2 years. Can I still get a divorce?

If you've been married less than 2 years you and your spouse will need to first attend counselling with a family counsellor to discuss the possibility of reconciliation. Once you attend counselling you should ask your family counsellor to complete a counselling certificate that they discussed the possibility of reconciliation with you and your spouse. To find a counsellor you can contact the Family Relationship Advice Line (FRAL) on 1800 050 321 or you can visit https://www.familyrelationships.gov.au. If you are unable to attend counselling with your spouse then you will need to provide further evidence to the Court as to why you could not attend counselling and seek the permission of the Court to apply for a divorce without a counselling certificate.
Do I have to attend Court to get a divorce?

If you filed a divorce application by yourself and there are children of the marriage that are under 18 years of age then you must attend Court when your divorce application is heard. If you and your spouse made your divorce application jointly, then you will not need to attend Court, even if there are minor children of the marriage, provided that you provided sufficient information to the Court for it to make a determination of your divorce application. However, if the Court needs further information, they will adjourn your case and direct you to file additional material or to attend the next court hearing.
I'm still living with my spouse. Can I still get a divorce?

If you and your spouse still live together, or have lived together for any part of the 12 months prior to filing your divorce application, you will need to provide the Court with further evidence that you are indeed separated. If you are filing a joint divorce application you and your spouse should both provide that evidence. Regardless of whether you are filing a joint or sole divorce application, you should ask a third person to corroborate your evidence.
Can my spouse and I just separate without getting a divorce?

If you and your spouse choose to separate but do not get divorced, you will remain legally tied to one another. This means that you and your spouse will remain legally married until you get a divorce and will also be financially tied to one another.
I am in a same-sex marriage. Can I still apply for divorce?

In Australia the divorce process for same-sex marriages is the same as for heterosexual marriages.
What are the grounds for divorce?

In Australia there is a no-fault based divorce system which means that you do not have to provide a reason for the breakdown of your marriage. All you need to establish is that your marriage has broken down and there is no reasonable likelihood that you and your spouse will get back together.
Do your fees include disbursements or other expenses?

Our fixed fees do not cover disbursements and other expenses, which are your responsibility. These disbursements may include fees for filing documents, process service, conducting searches, obtaining expert reports, retaining the services of Counsel (barrister), and so on. If we need to incur any disbursements on your behalf, we will inform you well in advance to avoid any surprises.
What about Counsel (barrister) fees?

If your legal matter necessitates the services of Counsel (barrister), our law firm will keep you informed well in advance. We understand that engaging a barrister can add to the cost of legal proceedings and as such, we will not engage any Counsel without obtaining your explicit authorisation. Our aim is to ensure that you remain in control of your legal proceedings and that you are fully informed of any and all costs associated with your case.
Do you do Legal Aid work?

Yes! Ann Legal is part of the NSW Family Law Legal Aid Panel, which enables us to work with clients who qualify for Legal Aid in family law matters. We are committed to providing accessible legal representation to those who may be facing financial difficulties and are eligible for legal assistance. Our team of experienced family lawyers is dedicated to ensuring that our clients receive the support and representation they require, regardless of their financial situation.
Do you offer payment plans?

Absolutely! At our law firm, we understand that legal fees can be a significant financial burden for many of our clients. To alleviate this, we offer flexible payment plans that are tailored to your specific circumstances and agreed upon by all parties involved. Our aim is to ensure that you have access to quality legal representation without undue financial hardship. We are happy to discuss payment plan options with you and find a solution that meets your needs.
Why are your fees lower than other law firms?

At Ann Legal, we firmly believe in providing equal access to quality legal representation for everyone, not just those who can afford it. We do not burden our clients with the cost of an extravagant office with an ocean view. Being one of the first "newlaw" law firms in Newcastle, we proudly operate in a paperless environment, which allows us to keep our overheads low. By prioritizing our clients' needs, we can offer great value for our services.