Separation and parenting arrangements

Separation and parenting arrangements

This video provides basic legal information about family law, including separation, parenting arrangements, dividing property and mediation. It is the part of a series of videos about the law for people who have recently arrived in Australia. See more videos at What's the law?

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Transcript

Text: Family law

[An image shows of a couple—a man, Yohani, in a suit with his arms crossed while his wife, Maria, stands sternly in the background with her hands on her hips. Maria looks disapprovingly at Yohani.]

Maria: She’s always complaining I don’t give her enough money.

[Vision changes to an image of Yohani standing behind Maria in a suburban kitchen. The couple look equally displeased.]

Maria: He’s always complaining I don’t cook the food he likes.

[Vision changes to an image of Yohani sitting at a table with a man. The man is gesturing in a posture indicative of explanation.]

Man: The children need a loving family.

[Vision changes to an image of Maria sitting at a table with an older woman. The woman’s posture suggests she is giving advice.]

Woman: You should listen to your husband.

[Vision changes to an image of Yohani sitting at a table with a man. The man is gesturing in a posture indicative of explanation.]

Man: You should listen to your wife and help her.

[Vision changes to a split-screen image of two women talking on telephones, Maria on the left and her friend Sora on the right of screen.]

Maria: Sora, it was OK for a while, but now we are always fighting. I don’t want to live with him any more. But I’m afraid I’ll lose my children. And I won’t have enough money.

[Vision changes to a close-up split-screen image of Maria and Sora talking on the telephone.]

Sora: I think the law’s different here in Australia. You need to talk to a lawyer.

[Vision changes to an image of the reception of Legal Aid through glass doors. A sign on the doors reads “Legal Aid Lawyers And Services”.]

[Vision changes to an image of Maria gesturing across a desk to an unseen person.]

Maria: What happens if I want a divorce?

[Vision changes to an image of a young female lawyer from Legal Aid sitting across from Maria and listening to her problems.]

Maria’s lawyer: You must be separated for at least 12 months, and you can get a divorce even if your husband doesn’t want one.

[Vision changes to an image of Maria as she receives advice.]

Maria: And what will happen to my children?

[Vision changes back to an image of the lawyer sitting across from Maria and giving legal advice.]

Maria’s lawyer: The law says children have the right to see both parents, as long as they are safe. And both parents should work together to make important decisions about their children.

[Vision changes to an image of Maria thoughtfully holding her chin as she listens to the lawyer’s advice.]

Maria: What about money? How will we live?

Maria’s lawyer: We can talk about that now.

[Vision fades to black.]

[An image shows of Yohani receiving advice from a middle-aged female lawyer at Legal Aid.]

Lawyer: The law is the same for men and women.

[Vision changes to a close-up image of Yohani asking a question.]

Yohani: So what will happen?

[Vision changes to an image of the lawyer giving an explanation.]

Lawyer: The law says children should have a relationship with both parents.

[Vision changes to a close-up image of Yohani asking a question.]

Yohani: OK but what about the car and the furniture? And we owe money to the bank.

[Vision changes to an image of the lawyer giving an explanation.]

Lawyer: I can explain how to sort out your property and your debts. I will write to Maria about the children and see if we can try mediation.

[Vision changes to a close-up image of Yohani asking a question.]

Yohani: What’s mediation?

[Vision changes to an image of the lawyer in a pose indicative of explanation.]

Lawyer: Mediation is when we sit and talk and try to agree on things—for example when you spend time with the children and how much time.

[Vision changes to a close-up image of Yohani asking a question.]

Yohani: Can I get an interpreter?

[Vision changes to an image of the lawyer in a pose indicative of explanation.]

Lawyer: Of course.

[Vision changes to a close-up image of Yohani asking a question.]

Yohani: What if we can’t agree?

[Vision changes to an image of Yohani and the lawyer sitting at a desk as Yohani receives advice.]

Lawyer: Well, then you have to go to court.

[Vision fades to black.]

[Vision changes to an image of the reception of Legal Aid through glass doors. A sign on the doors reads “Legal Aid Lawyers And Services”.]

[Vision changes to an image of a mediator in a pose indicative of explanation.]

Mediator: So, Maria and Yohani, the children will stay with Yohani every Wednesday night and every second weekend. The rest of the time they will live with Maria. Is that OK with both of you?

[Vision changes to an image of Maria’s lawyer.]

Maria’s lawyer: I just want to talk to Maria about this privately. Is this OK?

Mediator: Yes, of course.

[Vision fades to black.]

[An image shows of Maria and her lawyer having a discussion at a desk.]

Lawyer: I just wanted to check that you are OK with these times? If you are not OK you do not have to agree and you can let the court decide.

[Vision changes to an image of Maria as she responds to the lawyer.]

Maria: I like the arrangement; it is a good arrangement for the children and for me.

[Vision changes to an image of the lawyer looking happy.]

[Vision changes to an image of the mediation room with all parties sitting at a table.]

[Vision changes to a close-up of Yohani.]

Yohani: Yes, I am OK with the arrangement.

[Vision changes to a close-up of the mediator.

Mediator: What about you Maria?

[Vision changes to a close-up of Maria.]

Maria: Yes, that’s fine.

[Vision shows of all parties rising from the table at the mediation. Yohani’s lawyer is the only person still sitting.]

Mediator: Would it help if we put this agreement into writing so we all know what would happen?

Yohani and Maria: Yes, thank you.