WELCOME SESSION 1: WHAT ARE THE COSTS OF ADVERSARIAL PROCESSES? - PowerPoint PPT Presentation

WELCOME

SESSION 1: WHAT ARE THE COSTS OF ADVERSARIAL PROCESSES?

SESSION 1 OUTLINE 1. Costs to Children and Parents : Lisa Robinson 2. Costs to lawyers: Glen Thompson 3. Alternatives : Tina Ng - Video 4. Costs to System and Society: Judge Harman

MORNING TEA

SESSION 2: CHANGE OF PRACTICE — THE CASE FOR A CHILD- FOCUSSED FAMILY LAW PRACTICE

SESSION 2 OUTLINE Presented by Mark McDiarmid and Katy Jenkins 1. Professional Responsibility 2. Best Practice 3. Referral Pathways

LUNCH

SESSION 3: KEEPING THE KIDS IN IT, BUT OUT OF IT

SESSION 3 OUTLINE 1. Child Inclusive Practice: Bianca Roche-Bolger 2. Collaborative Practice: Louise Elkington 3. Lawyer Assisted FDR: Pip Davis 4. Children and Court: Mark Palmer

LAWYER ASSISTED FDR • 2017 Cth AG Dept Protocol for the provision of legal assistance in Family Relationship Centres • Protocol sets out: • the objectives for the provision of legal assistance in FRCs • role of FRCs role of legal professionals • role of FDRPs • collaborative dispute resolution in an FRC including the role • of a legal practitioner working within a collaborative dispute resolution process

LAWYER ASSISTED FDR Role of legal professionals In providing legal assistance in FRCs, legal professionals will: • assist clients in a non-adversarial and child focussed way to reach resolution without litigation where appropriate, while prioritising the best interests of the child; ensure appropriate client confidentiality; • • undertake conflict of interest checks prior to the provision of advice and / or assistance; • assist clients to develop realistic expectations about FDR and outcomes, particularly where clients are focussed on court / legal processes to enforce perceived legal entitlements; • advise clients of the risks and costs involved in court processes; assist clients to identify areas of agreement, potential agreement and disagreement; • • work with the FRC staff (including FDRPs) to meet the clients’ needs in an appropriate and timely way; • as may be agreed between the legal practitioner and their client, assist the client to draw up documents (such as consent orders); and • ensure that any information obtained during the FDR process is not misused in any subsequent litigation When supporting their clients in an FDR process conducted at an FRC, legal professionals agree to work collaboratively with FRC staff and FDRPs in a non-adversarial process to negotiate a fair resolution without litigation, where possible and appropriate. In doing so, lawyers agree to work with FDRPs to ensure and maintain integrity of the FDR process including the requirements of honesty, disclosure and genuine effort. https://www.ag.gov.au/FamiliesAndMarriage/Families/FamilyRelationshipServices/Pages/Familyrelati onshipcentreresources.aspx

LAWYER ASSISTED FDR Most FDR proceeds without lawyers. Those that proceed as LAFDR will • most likely involve the following: • history of domestic violence in the relationship; AND children are not spending any time with one parent (where not more appropriately • dealt with by way of application to court); and/or • where one or both parents suffer from a serious mental illness; and/or • where one or both parents need an interpreter; and/or • where one or both parents identify as Aboriginal or Torres Strait Islander; and/or where one or both parents are recent migrants or refugees; and/or • where one or both parents have a disability which impacts capacity to engage in • the process without a lawyer; and/or • where one or both parents are homeless or living in a refuge; and/or • where one or both parents are managing substance abuse; and / or where one parent is in prison or in a rehabilitation facility and is due for release • within the next 3 months; and / or • where one or both parents are young; and / or • where the mother is pregnant; and / or • where there are complex legal issues.

AFTERNOON TEA

SESSION 4: PANEL IMPROVING OUTCOMES FOR CHILDREN, PARENTS AND PROFESSIONALS IN FAMILY LAW MATTERS JUDGE HARMAN - MARK MACDIARMID- LOUISE ELKINGTON- PIP DAVIS - LISA ROBINSON - BIANCA ROCHE-BOLGER FACILITATED BY GLENN THOMPSON

WRAP UP

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