Navigating child custody following a separation can be overwhelming. At Capelin Law, we’re here to guide you with compassion and expertise. Our goal is simple: to create tailored solutions that are child focused and protects your right as a parent.
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We guide you through negotiating and finalising parenting agreements that work for your family, ensuring both parents are involved in key decisions for your child’s future.
Our parenting plans are comprehensive in capturing the care arrangements for your child. These include living arrangements and time spent with each parent, always focused on co-parenting with the child’s best interest in mind.
If negotiations fail, we provide skilled representation in court to advocate for a fair custody outcome that protects your rights as a parent.
Life circumstances change. We can apply for modifications to existing custody arrangements when needed.
Extensive experience in handling complex custody and support cases.
Solutions designed to meet your family’s unique needs.
Minimising stress while prioritising your child’s well-being.
A track record of achieving positive outcomes for families.
We guide you through the often-complex calculations, factoring in income, time spent with the child, and additional expenses like education or healthcare.
If disputes arise, we work swiftly to resolve them through negotiation or, if required, court intervention.
Our initial consultation will clarify your rights and the legal pathways available to you.
We’ll guide you through mediation processes to help reach agreements without court intervention.
If an agreement can’t be reached, we’ll support you in applying for legally binding orders that protect your child’s best interests. Parenting orders can be applied for by the child’s parents, a grandparent or any other person connected with the care, welfare of development of the child.
Joint custody or shared responsibility means that both parents have legal rights and responsibilities towards the child. It doesn’t mean that the child will spend half of their time with one parent and half with the other. But that each parent has an equal say in major decisions relating to the child in areas such as health and education.
Not at all, and unfortunately this is one of the most common misconceptions we come across. The law ensures that the best interests of the children are paramount and met by a number of guiding principles. The first is that every child has a right to a ‘meaningful relationship’ with both parents.
The second is that children must be protected from the physical or psychological harm which comes from being subjected to, or exposed to, abuse, neglect or family violence. The third is that children must receive adequate and proper parenting to help them reach their full potential; and finally, that both parents fulfil their duties and responsibilities towards the care, welfare and development of their children.
If the Court does make orders for equal shared parental responsibility, the Court will have considered whether equal time is in the best interests of the children. Rather than equal time, for example, the court may order substantial and significant time to be spent with the other parent. This might translate to being 4 nights per fortnight rather than 7.
Firstly, obtain legal advice. Your lawyer will take you through all the areas which need to be considered and document what you think is a fair approach to arrangements for your children. If your partner is agreeable, your lawyer can help you formalise the document without the costs and delays of proceeding to Court.
If your differences are unable to be reconciled, then we can help you commence proceedings.
It is a mandatory obligation to attend family dispute resolution or mediation before applying to the Court for parenting or property orders. The accredited family dispute resolution practitioner will issue a certificate which must be filed with the court application and simply states that your differences were unable to be resolved. If your partner refuses to attend this process you will be granted a certificate directly.
If your case does end up in court, a legally binding decision will be made after a hearing where the judge will decide what is in the child’s best interests.
Yes, if your children spend the majority of their time with you according to a care percentage, you are likely entitled to receive child support payments. These payments are intended to help cover the cost of raising your child.
Child support is calculated based on several factors, including:
Services Australia monitors and calculates these payments according to your specific circumstances.
The online child support calculator can provide an estimate of your child support and family assistance payments. However, this is an estimate only, as the calculation is complex and must be tailored to your individual circumstances.
You might also benefit from reading the Parent’s Guide to Child Support.
Basic periodic child support payments are intended to cover the necessities only. These include things such as food, shelter and clothing for your children. Other expenses such as special medical costs and private school fees or tuition won’t form part of the basic periodic assessment. If an agreement can’t be reached about payment, we can help you apply to the court for a Child Support Departure Order.
Yes, you may be able to. You have the right to object to the decision within 28 days. Then an internal review of the decision will take place within 60 days of the objection being filed.
You can also continue to appeal if the original decision was upheld by applying for a review through the Administrative Appeals Tribunal.
Services Australia has the power to investigate and enforce payment. This includes the power to collect payment from the employer, the Australian Tax Office and social security. It also has the power to stop people from leaving the country while there are outstanding payments.
Andrew Capelin is the Principal of Capelin Law; he is a lawyer, mediator and collaborative practitioner with over 25 years of experience in legal practice and business. Capelin Law is built on the belief in making every effort to help people resolve their issues without using a court. This approach is faster, cheaper and less stressful. Therefore we believe it is just a better way of doing things.
Andrew practiced as a barrister for about 10 years which makes him very competent and confident in a courtroom! Ironically, Andrew now handles very few litigation matters these days, preferring to focus on helping families resolve their issues collaboratively.
Consequently, Andrew finds collaborative practice to be a very fulfilling part of the work that he does and is passionate in his belief that it gives better outcomes for families.
Andrew’s other passion is playing golf.