Representation in Family Law
- Domestic Violence
- Property settlement;
- Parenting matters;
- Spousal Maintenance;
- Child Abduction;
- Urgent Applications for parenting matters; and
- Child Protection.
At VM Family Law, our skilled attorneys possess vast experience in providing legal representation and support to clients in all aspects of family law, such as domestic violence cases, divorces, child custody and parenting plan negotiations, and property division disputes. Depending on your specific needs, our family law attorneys can represent you in Court proceedings or assist you in mediation.
Don’t face the challenges of family law alone, trust in the guidance of a compassionate, experienced, and thorough family law attorney. Contact our team today for a consultation, and let us walk alongside you as you navigate the legal process.
Learn more about representation in Brisbane Courts
A legal representative is an individual you have chosen to act as your agent and advocate in matters of law. This person’s primary role is to provide you with legal representation in Court, representing your interests and arguing on your behalf. They may offer advice, file legal documents and make representations on your behalf.
A family lawyer is an example of a legal representative who specialises in handling matters related to family law such as divorce, child custody, and property disputes. They are knowledgeable in the laws and procedures specific to the area of law that they specialise in and can navigate the legal process on your behalf.
It is not legally required for you to have a lawyer when going to Family Court, but it is highly recommended as it can be challenging to navigate the legal system on your own. Family law can be complex and difficult to understand without proper legal training and experience.
And, if you do choose to represent yourself, having a legal professional to guide you through the process and provide advice, can be a valuable asset for you. A family lawyer can help you to:
- Understand your rights and obligations
- Advise you on the best course of action
- Help prepare necessary documentation and evidence
- Negotiate settlements in Court
Some of the challenging areas of family law where it is advisable to get legal representation in Court are:
- Prenuptial agreement
- Spousal abuse
- Support for spouse
- Child abduction
- Child support
- Alimony payment
- Visitation rights
- Property settlements
Any lawyer can take up your legal family case, however, a lawyer that specialises in family law would be more experienced and better equipped to handle your matter.
At VM Family Law, we have a team of professionals with years of experience in handling family law cases. With our expertise, you know that your case is in the best hands.can represent you in Brisbane Courts?
The judge will ask the parties to provide an overview of the case, the issues in dispute and what they are seeking in terms of a resolution. The judge may also ask about the parties’ readiness to proceed, whether they have attempted mediation or other forms of alternative dispute resolution, and the number of witnesses each party will call.
Presentation of evidence:
This is where both parties present their evidence in support of their respective positions. This may include, but is not limited to, witness testimony, documents, expert reports, and any other evidence that supports their case. The judge will also allow for questioning of witnesses and cross-examination, to test the reliability of evidence.
After all evidence has been presented, the parties will be given an opportunity to summarize their position and highlight why the evidence supports their case. It’s an opportunity for the parties to highlight the critical points of their case.
This is the final stage where the judge will consider the evidence and arguments presented by both parties, and make a decision based on the law and relevant facts of the case. The judge may provide their decision immediately after the hearing, or they may reserve their decision and provide it at a later date. The decision will also include reasons and legal findings that support the outcome.
If you are not satisfied with the decision made by a Family Court, you have the option to file an appeal to a higher Court, such as the Family Court of Australia or the Federal Circuit Court of Australia, depending on the jurisdiction of your case.
An appeal is a request for a higher court to review the decision of a lower court. It does not necessarily mean that the trial will be redone, but rather, the higher court will review the evidence and the judge’s decision. The higher court may decide to uphold the original decision, modify it, or order a new trial, if necessary.
It’s important to note that the grounds for appeal are limited and depend on the jurisdiction of your case, and also the time frame to file an appeal is also limited, it may vary based on the jurisdiction as well. That’s why it’s important to consult a lawyer who is experienced in family law and appeals. And they can advise you on the merits of your case, and the likelihood of success if you choose to appeal, and guide you through the process of filing an appeal.
You have the option to request a transfer of a judge in Family Court if you believe that the judge assigned to your case is not suitable or has conducted the trial unfairly. However, it is typically only successful in the early stages of proceedings, as the likelihood of a transfer decreases as the trial progresses.
The process of requesting a transfer of a judge may vary depending on the jurisdiction, but it generally requires providing evidence that the judge has exhibited bias or has not conducted the trial in an impartial manner.
Requesting a transfer of a judge can delay the proceedings, incur additional costs, and it can be challenging to prove that the judge has acted unfairly.
That’s why it’s recommended to consult a family lawyer to help present you in Brisbane Courts and assess the situation, they can advise you on the process and whether a transfer of judge would be beneficial for your case, and guide you through the process of filing a request for transfer.