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The Family Matters Show
Heather McKinnon & Benjamin Bryant
63 episodes
2 days ago
Specialist family lawyers Benjamin Bryant and Heather McKinnon and their special guests answer your questions about divorce, separation, children's matters, property settlement and family court. They empower you to make wise decisions for yourself and your family.
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Education
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All content for The Family Matters Show is the property of Heather McKinnon & Benjamin Bryant and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Specialist family lawyers Benjamin Bryant and Heather McKinnon and their special guests answer your questions about divorce, separation, children's matters, property settlement and family court. They empower you to make wise decisions for yourself and your family.
Show more...
Education
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How the Court deals with domestic violence
The Family Matters Show
26 minutes 10 seconds
1 year ago
How the Court deals with domestic violence

In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence).  They cover a wide range of topics, including the following:

  • The difference between how a Family Law Court and a Criminal Court view domestic violence.
  • Apprended Violence Orders (AVOs)
  • Does there need to be an AVO in place before the Family Court considers domestic violence claims?
  • What evidence does the Family Court need to satisfy itself that domestic violence is an issue?
  • Will the court require Family Dispute Resolution (mediation) in domestic violence cases?
  • How do accusations of domestic violence affect Parenting Order decisions?
  • Can domestic violence claims impact a Court's decision about a financial settlement?

Also discussed was the Family Law Amendment Bill that has been passed through Parliament and will take effect in May 2024 and includes a "streamlined" parenting framework simplifying the "best interests factors".  This legislation may impact how the Court deals with domestic violence issues when deciding children's matters.

The Family Matters Show
Specialist family lawyers Benjamin Bryant and Heather McKinnon and their special guests answer your questions about divorce, separation, children's matters, property settlement and family court. They empower you to make wise decisions for yourself and your family.