Adam Jones Solicitor

29/09/2023

Family Law Bill 2023

There have been many changes both within our practice and in Australian family law. The Family Law Reform Bill 2023 is currently being debated in parliament and has been drafted in response to the Family Law inquiry that was held in 2021. The key changes that would be implemented with the Bill include:

•The removal of the presumption of equal shared parental responsibility and related equal time and substantial and significant time provisions.

•A streamlined legislative framework for making parenting orders, including changes to the factors for the best interests of the child, enforcement of parenting orders, and protections around family law information. Find out more here: https://adamjonessolicitor.com.au/resources/family-law-bill-2023/

15/03/2022

29/10/2021

A Comparison of Surrogacy in Australia and other Countries
For many people in Australia, the 'traditional' way to have a family is an impossible dream, and surrogacy offers an exciting option to attain the family you desire. However, having a surrogate carry and deliver a child on your behalf is a complex and emotional affair, and as such, there are extensive laws and regulations to control how surrogacy is conducted.
In practice, people in Australia can enter into surrogacy agreements with Australian citizens or with non-Australian surrogates. When a surrogate lives outside of Australia, this is what is referred to as international surrogacy.
There are two main types of surrogacies, commercial and altruistic.
Commercial surrogacy is where the surrogate is paid compensation that is greater than the medical and legal expenses associated with the pregnancy.
On the other hand, there is altruistic surrogacy, whereby the surrogate does not receive any additional funds for her surrogacy, aside from covering legal and medical expenses involved with the pregnancy.
The laws in Australia governing surrogacy vary from state to state. However, there are fundamental principles that are common to all the states, including:
1. Surrogacy is only allowed if the intended parents cannot naturally conceive and carry a baby to term.
2. The surrogacy must be an altruistic surrogacy and NOT commercial.
3. Therefore, the intended parents should bear the medical and legal costs associated with the surrogacy and
4. Everyone involved must receive counselling and legal advice.
The surrogate (and her partner if she has one) is listed as the parent on the birth certificate. The intended parents can apply for a change of these names through a Parentage Order.
In cases where the surrogacy is outside Australia, the parents should know that some countries have completely banned international surrogacies, while some countries only allow altruistic and not commercial surrogacies. In some Australian states, it is illegal for a resident to make an international commercial surrogacy agreement.
Furthermore, a child born under an international surrogacy agreement does not automatically become an Australian citizen. A parent to such a child has to apply for citizenship by descent on behalf of the child.
The laws affecting surrogacy in Australia and internationally are continuously changing and evolving. It is essential that you conduct your research and retain a competent solicitor to ensure that the surrogacy is legal and valid.

26/10/2021

Living Under One Roof in the Face of the Pandemic
During the COVID-19 pandemic, many cases of separation were reported yet the parties involved were incapable of going different ways and were forced to live under the same roof as a result of either economic hardships or lockdown restrictions.
Under Australian law, the general rule is that you must be separated from your partner for 12 months in order to start the divorce application. However, it is worth noting that it is not a strict requirement that parties should be living apart to prove that they’re separated. It is still possible to separate while still living under one roof. In law, this is referred to as being ‘separate under one roof’.
‘Separation under one roof’ goes beyond showing that the two of you were living apart. Rather, the parties involved must prove to the Court that they have not only spoken about the separation but have also acted like a separated person both inside and outside the residence from the time of separation.
Recognizing the prevalence of such arrangements in Australia, section 49(2) of the Family Law Act provides:
“The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding they have continued to reside in the same residence but either party has rendered some household services to the other.”
There are various reasons why people separate but still choose to live under one roof. These reasons include economic hardships, for the best interests of the child(ren), and due to convenience of the family home whether it’s the distance to work, school, or the availability of social amenities.
Evidence
A Divorce Order is the formal process of separating a couple. There are two requirements for a divorce:
• An irretrievable breakdown of the marriage
• Parties have separated for 12 months or more.
If you and your partner have lived under the same roof, yet you’ve separated, you will be required to explain to the Court why you continued to share the same residence and provide further evidence for the separation.
When applying for a divorce, the above claims shall be supported by an affidavit that further testifies that you have no plans to resume the relationship. It will also be upon you to show the Court your future living arrangements in case the Court grants you a divorce.
In cases where the divorce is a joint application from both partners, the second affidavit can be from your spouse. However, in divorce proceedings where divorce is the sole application of one of the parties, a third-party witness affidavit can be used if the person is over eighteen years old.
In case parties have separated but still retain their residence (separate under one roof), the date of separation is the day when one party communicates the breakdown of the marriage to the other. This could either be express or implied. It can either be when one party expressly informs the other party of their intention to separate, or one party moves to another room and starts living separately while still under the same roof/residence.
The Application for Divorce is supported by an Affidavit from either the applicant or a third party (e.g., a friend) that provides proof to the Court that the parties have indeed separated.
At Adam Jones Solicitors, our lawyers are involved in family law matters and are available to assist you with any clarifications you may need regarding separation and living under one roof arrangements.

07/10/2021

Grandparents’ Rights
Grandparents are an integral part of the family, and in many communities, grandparents have significant roles with regard to the upbringing of their grandchildren. Furthermore, grandparents often have deep emotional loving ties with their grandchildren. Divorce and separation of parents can severely fracture these relationships.
Divorce can destroy existing family relationships and cause dramatic rearrangements that could destroy these important roles and bonds that grandparents share with their grandchildren. A great fear among many grandparents is that they would lose the relationships they have with their grandchildren in the event of divorce.
In Australia, matters of divorce and custody are governed by the provisions of the Family Law Act, 1975; the Act does not provide specifically that grandparents have a right to custody of children in the event of separation or divorce.
The Family Law Act, however, does provide that a child has a right to spend time with the important people in their life, and this includes grandparents, to quote;
“Children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development.”
The Act also lists grandparents as some of the people who have a right to apply for a Parenting Order. The grandparents could seek a Parenting Order to determine;
1. Where the child lives,
2. Who the child spends time with,
3. The allocation of parental responsibility,
4. How the child will communicate with other significant people in their lives, or,
5. Any other aspect of the child’s care, welfare, and development.
In most instances, a Parenting Order will allow grandparents time and access to their grandchildren in cases of divorce. In some rare instances, grandparents might be given partial or even full custody of the grandchildren.
In determining what type of order should be issued, the courts will generally look at the best interests of the child, including the benefits that would accrue from having a relationship with the grandparents, and the need to protect the child(ren) from physical or psychological harm.
It is important to note, that during a divorce, all the issues can be agreed upon privately by the parties involved and written in a parenting agreement. Long, expensive, and quite traumatic drawn-out custody battles in court are not the only way of solving these issues. Indeed, the most amicable divorces are executed through sensible discourse and parenting agreements.
It is advisable that all parties retain the services of experienced experts such as Adam Jones Solicitors; to draft a reasonable parenting agreement that covers all these issues.

06/10/2021

Breakups and The Effects It Has on Children
Marriages, despite the best intentions of the spouses, can often end in separation and divorce. This sad situation often leaves the most devastating impact on the children in the family. Research has shown that separation and divorce can impact children’s wellbeing including their mental health and academic performance.
Children whose parents go through separation or divorce are up to 16% more likely to experience emotional problems such as anxiety or depression and are up to 8% more likely to suffer an increase in conduct disorders. Studies among boys aged 7-14 years old showed that boys in the age group who experienced divorce are more likely to display behavioural problems such as acting up and being disobedient.
Separation is a deeply traumatic event for everyone who is involved. It can be an acrimonious, drawn-out, and costly process with no winners and many losers. Unfortunately, the most vulnerable victims of this process are usually the young children in the family.
For a parent who is unfortunate enough to have to go through a divorce; the welfare of the children in the relationship is of the utmost importance. Parents should endeavour to minimize any emotional or financial impact the divorce might have on the children in the family.
During the separation process, parents can do a lot of things to reduce the negative impact of the separation on their child(ren)’s wellbeing. This includes;
• Assuring the children that both parents will still love them despite the outcome of the divorce,
• Explain simply and honestly what is happening including where the children will live and how custody would be shared,
• Making as few changes in their lives as is possible in the circumstances,
• Ensure other important people in the lives of the children such as teachers, friend’s parents and close family understand what is going on,
• Ensuring there is an open communication channel with the children,
• Never using the children as mediators or go-betweens to pass any communication between the spouses; this creates animosity between the parents and the children and breeds mistrust,
• Involve mental health professionals such as counsellors where necessary.
One of the most important things a parent can do to protect their children in such circumstances is to have a professional parenting agreement from a trusted professional.
At Adam Jones Solicitor, we have worked with many families to amicably settle existing differences between spouses while providing a platform to build a new chapter in their lives. Talk to us today.

02/09/2021

Co-parenting During the COVID-19 Pandemic
To date, the COVID-19 pandemic has not only disrupted the global economy. It has also affected the day-to-day operations of the Courts in Australia, particularly the operations of the family law courts.
Despite COVID restrictions introduced by the Commonwealth government, the Honourable Chief Justice William Alstergren has announced that the courts should remain open throughout the crisis. Stating that the Courts provide a service to Australian families that is essential.
Subsequently, the Courts introduced special measures designed to manage the operations of the family law courts at the height of the pandemic while also addressing the need to monitor and contain the spread of COVID-19. Joint Practice Direction 2 of 2020 – Special Measures in Response to COVID-19 held these measures.
The decision for the Family Court to sit remotely for the first time across Australia led to some critical changes. Including saving time and resources for all parties involved that would otherwise have been allocated to travel.

Best Interests of the Child
In Australia, the law makes clear that parents should act in the best interests of their children. However, when parents cannot agree on the child's best interests, section 60 of the Family Law Act has provisions for what courts consider the child's best interests. Among these interests is the benefit of the children having a meaningful relationship with both parents and protecting the child from physical and psychological harm.
The law stipulates that parents have a "parental responsibility". This responsibility requires both parties to discuss and agree on any significant long-term decisions that affect the child, such as medical treatment and education. However, either of the child's parents can make day-to-day decisions, such as what activities they will be involved in or what the child(ren) will eat.

Although, unless parents agree on alternative arrangements, the law stipulates that parents should follow the Orders on how the child(ren) will spend time with either of the parents. Despite this stipulation, the Chief Justice has previously said regarding the COVID-19 pandemic and parenting orders that they:
"[…] should be considered sensibly and reasonably. Each parent should always consider the safety and best interests of the child, but also appreciate the concerns of the other parent when attempting to reach new or revised arrangements."

Furthermore, there was a noticeable rise in parenting disputes during the COVID-19 pandemic. At the beginning of the pandemic, there were many cases of parents contravening court orders. While some concerns were legitimate, e.g., reducing the child's risk of exposure to the virus, there were instances where some parents used COVID-19 as an excuse for non-compliance. Parents that were frustrated due to the COVID-19 pandemic, especially those in different states with joint custody, were given priority by the Courts. So that in cases where one parent decides to withhold the child from the other on the grounds that they will be breaching the lockdown restrictions. It would be up to the Court to determine if the parent had 'reasonable grounds for failing to follow court orders. Perhaps more distressing was the increase of domestic violence cases due to the ramifications of the COVID-19 pandemic that resulted in social isolation. To help deal with these urgent matters that were a direct result of or related to the pandemic, the Family Court set up the "National COVID-19 List" in April 2020.

At Adam Jones Solicitor, we understand that the pandemic has caused confusion on how best to protect yourself and your family while following the lockdown laws and your current parenting orders. If you require assistance with negotiating new parenting orders or just need some general advice on any family law disputes, we are here to help.
Follow the link to contact us: https://adamjonessolicitor.com.au/contact-

06/02/2020

21/03/2019

Miriam Guttman Jones is a member of the Temple Emanuel Synagogue, a member of the Jewish Board of Deputies and a volunteer at the Sydney Jewish Museum. On Waverley Council, she represented the Jewish Community by promoting Bondi's post-war Jewish history.

A vote for Miriam Guttman Jones tomorrow means a vote for the values of the Jewish Community.

Representing her community as a Councillor for Waverley Council gives her lots of naches.

21/03/2019

Don't forget how Liberal has squandered our revenue over the past 4 years. A vote for Liberal tomorrow is a vote for wasted opportunities for New South Wales. Where is the public transport to Bondi? Where is the second public school for the Eastern Suburbs? Why does it take 45 minutes to drive to Bondi Junction in the morning?

Vote Miriam Guttman Jones tomorrow and get a candidate in Pariment with no ambition to be anything more than an advocate for Vaucluse.

www.miriamguttmanjones.com.au

21/03/2019

Miriam Guttman Jones former Deputy Mayor of Waverley is running in tomorrow's poll. Kerryn Phelps has demonstrated how much impact an independent candidate can have for our area. Vote 1 Miriam Guttman Jones to put local issues first.
www.miriamguttmanjones.com.au

21/03/2019

If elected to parliament, Miriam will VOTE IN FAVOUR OF PILL TESTING and will VOTE AGAINST NEW REGULATIONS FOR MUSIC FESTIVALS.

MIRIAM IS AGAINST THE SYDNEY LOCKOUTS and will vote for any legislation brought to repeal the lockouts and bring back 24 hour trading in Sydney.

Check out her policy platform at www.miriamguttmanjones.com.au