KMJ Family Law

Tomorrow, 22 December 2021 will be our last day of work for the year. We will return to office on 6 January 2022. For any urgent enquiries, please email [email protected]. It’s been a big year here at KMJ.

May everyone enjoy the break and we’ll see you all in the new year. Lou, Amy, Scarlett, Connor & Katy x

-A N N O U N C E M E N T-

Hi All,

You may know that Katy Jenkins joined the Kyle & McGowan Family Law in May last year. For those who have not had the pleasure of meeting our Katy, she comes with over 10 years' experience practising law and has worked in both the community legal sector, including Women's Legal Services NSW and for the last 6 years, in the private sector. Katy is qualified as a collaborative family lawyer and is part of the Central Sydney Collaborative Forum. Katy is a well-respected and loved member of our team and we cannot imagine our practice without her.

Lou and Amy have worked together for many years with a dream to work alongside like-minded individuals with the same ethos and passion for the family law space. It is with pleasure (and excitement!) we can tell you that our Katy is joining Amy and Lou as a director of KMJ Family Law.

To reflect this change, we will no longer be trading as 'Kyle & McGowan Family Law". Our new business name is 'KMJ Family Law" (Kyle, McGowan, Jenkins Pty Ltd).

Our current clients should have received an email this week regarding this change. If you haven't been contacted - please let us know by emailing us.

We are in the process of creating our new website and logo so stay tuned for our big reveal in the coming month(s).

For those who have been with Kyle Family Lawyers from the start, thanks for coming along and joining us on the ride. To the clients that followed Katy and Scarlett to Kyle & McGowan Family Law, thank you. To all of our clients, we appreciate all of you for your ongoing support. We love what we do and we are looking forward to this next chapter that is KMJ Family Law.

Lou, Amy, Katy, Scarlett & Connor.

KMJ Family Law

While Sydney has been issued a stay-at-home order, we will still be available to our clients (new and pre-existing). For any queries relating to parenting orders and covid - please visit our website for information: www.kmfl.com.au

Kyle & McGowan Family Law - Family Lawyer, Eastern Suburbs, Sydney financial - property settlement (the division of assets, liabilities and superannuation), spousal maintenance, binding financial agreements, child support agreements, consent orders, court proceedings.

On Tuesday night, Amy McGowan and Connor Boesel ran a presentation for Rainbow Families for prospective parents. The presentation provided an insight into the complexities of making rainbow families and how to navigate the law in this space.

Great way to kick off pride month 🏳️‍🌈

Great work Amy, showing great passion in standing up for the LGBTQIA+ community!

Well done to Amy and Connor for their hard work in preparing for the committee.

It’s been a busy couple of months for our equality team. We have been working hard to ensure Mark Latham’s Education Legislation Amendment Bill is not introduced into NSW Parliament.

The Bill threatens the quality education system that provides an inclusive and supportive environment for all children, and will be particularly harmful to our families as well as trans and gender diverse students.

Earlier this year Rainbow Families was invited to make a submission to the Parliamentary Inquiry for the bill. Following numerous community consultations on the topic last year, we put together our submission to the Inquiry -

Rainbow Families opposes the Education Legislation Amendment (Parental Rights) Bill 2020 (“the bill”) on the basis that it is discriminatory, divisive, harmful and unnecessary. The bill attacks the basic human right of all students to be treated with dignity and respect and to feel safe and supported at school. This piece of legislation would undermine a strong education system that helps children understand a complex world and equips them to function in it.

Following our submission we were invited to speak at the Parliamentary Hearing last week. Amy volunteered to represent our families at the hearing – sharing stories from the community about how the bill would affect the diverse families in our community. Speaking at a hearing like this is not for the faint hearted, and Amy did a fantastic job of explaining why this bill is harmful to our community.

https://www.rainbowfamilies.com.au/update_on_the_latham_billhttps://www.rainbowfamilies.com.au/update_on_the_latham_bill

On Tuesday, Amy McGowan appeared before the NSW Parliament Education Committee in her capacity as Director of Advocacy for Rainbow Families. Amy gave evidence in response to a proposed bill that would be extremely detrimental to trans and gender diverse school students and their families. Amy’s paralegal, Connor, also
assisted and was in attendance.

🏳️‍🌈🏳️‍⚧️

It’s been a busy week here at KMFL (especially today) but it was nice to stop for a moment to enjoy a surprise visit from one of our clients.

Lou keeping our meeting room green and inviting for our clients!

Ziggy the dog is our furry friend for the day🐶

Recently, two of our lawyers, Amy McGowan and Katy Jenkins were instructing solicitors in an Appeal before the Full Court of the Family Court of Australia, in a complex parenting matter.

We are fortunate to have such experienced and well versed professionals to assist our clients. We were also inspired by our client's bravery and fortitude.

If you have any questions about appeals, please contact our experienced team on 02 8356 9008 or at [email protected]

A great meeting this afternoon with Rainbow Families advocacy sub-committee. Our Amy McGowan is the director of advocacy for Rainbow Families and one of our Paralegals, Connor, also assists. We are committed to providing support to this important community group and advocating for them!

CONGRATULATIONS AMY!!!

Parenting Orders in COVID-19

COVID-19 has posed significant challenges for complying with parenting orders. The risk of contravention applications being brought against parties has increased as our freedom of movement has been curtailed. Furthermore, an increased vigilance on our health and the health of our families has forced us to rethink the way we live our lives and interact with one another. Parenting orders have been drastically impacted by COVID-19 as their usual form may no longer be applicable, forcing parents to alter orders at short notice.

Changeovers

Parenting orders may stipulate that changeovers are to happen after school but with schools closing intermittently and in some states, closed all together, the need to alter orders would arise. It may also be inappropriate to use public spaces to enact changeovers due to the increased risk of infection. The decision of one parent not to put their child or children at risk of infection may result in a contravention application being filed by the other parent. The court would need to determine whether the contravention was reasonable.

Medical Care

The disparity in views on medical care have been brought to the forefront of our collective conscious during this pandemic. There is a lot of information out there and it can seem imposing to parents who want the best care for their children but are unsure of the validity of the sources they are relying on. The difference in view between parents with joint parental responsibility can cause a great deal of conflict. Deciding whether to take your child to the doctor or hospital with the heightened risk of infection to them or to you can be extremely difficult. Having a disagreement with the other parent will exacerbate this conflict.

Activities

COVID-19 has changed the way we spend time with our children and the activities we do with them. We are limited in what we can do out in public and the amount of interaction we can have with others. These times also make it more difficult for children to spend time with their grandparents or other at-risk members of their family. It is particularly challenging for those who have orders that stipulate afternoon time rather than overnight time, where it is not practical to take the children home due to time constraints. In these circumstances, there is still a lot that can be done to spend meaningful time with your children.

Borders

The hard border closings are challenging for anyone with family living in another state, especially for parents whose children are over the border. Parents are nervous about letting their children travel interstate to see their other parent in case restrictions are re-introduced and the children are stuck in that state. It is understandable that in these circumstances, some parents withhold their children from the other parent. This contravention is significant and whether the courts will deem this as a reasonable excuse remains to be seen.

These are complex situations that require compassion and understanding. If you require legal advice or have any questions, please contact our expert family lawyers on (02) 8356 9008 or at [email protected]

Written by Connor Boesel – Paralegal

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/about/covid/covid-parents/

COVID-19: Parenting information - Federal Circuit Court of Australia News and information about the Federal Circuit Court of Australia

KMJ Family Law updated their address.

On 26 March 2020, the Chief Justice of the Family Court published guidance notes to assist parents and their families during this extremely difficult time. We urge each parent to read the statement carefully (link below):

http://www.familycourt.gov.au/wps/wcm/connect/cf669b27-5830-4aec-8dae-d00ff72556cd/mr260320.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=ROOTWORKSPACE-cf669b27-5830-4aec-8dae-d00ff72556cd-n4kzRGy

The Family Court and Federal Circuit Court have now put in place operational changes, with only urgent matters being the primary focus for the courts at this time. This has caused significant further delays. Where possible, it may be necessary to consider to look to mediation as a means to resolve matters in a far more timely and cost effective manner.

www.familycourt.gov.au

With the uncertainty around the full impact and duration of COVID-19, we would like to provide assurance to our clients and potential clients that we are taking all necessary steps to keep our clients and employees safe.

We are conducting video conferences (including Zoom and Facetime) wherever possible however, should the need arise for you to attend our offices, we have implemented social distancing measures, regular cleaning procedures including sanitising all surfaces of meeting rooms and offer access to hand sanitising for all employees and visitors. We also provide the option to our clients to meet in the outdoor area of our office.

Please call us on (02) 8356 9008 or email us at [email protected] with any questions you may have. We are happy to adjust and cater to your specific needs to make you feel most comfortable in these difficult times.

Stay well and stay safe.

Kyle & McGowan will be moving from our Darlinghurst office to our new warm and inviting creative space in Ultimo on 11 March 2020!

Our new address is Suite 3.06, 22-36 Mountain Street, Ultimo

If you have any questions, please give us a call on 8356 9008! 😊

We will be updating our website soon. Stay tuned!

Our Amy McGowan has caught the “purple train” en route to Newcastle for a 4 day trial which she and the Kyle & McGowan team have spent sleepless nights preparing for. We wish her the best of luck and hope her hard work pays off!

We often hear parents make comments such as, “I have the right to see my children” or “I have the right to 50/50 custody”. This is one of the largest misconceptions in family law. The Family Law Act 1975 (Cth) focuses on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights.

Although a UK study, the below article reminds us to consider the well being of children of a separation and how they can be best supported throughout, especially in high conflict matters.

Here's what young people say helped them get through their parents' divorce Communication, contact and an end to conflict all help children accommodate this major change.

Kyle & McGowan will close on Friday 20 December 2019 and re-open on Monday 6 January 2020. We wish you a safe and joyous holiday season!

Interesting stats reported by the Australian Bureau of Statistics about marriages in the first full year of marriage equality

The media release:

More than 6,500 same-s*x marriages registered in 2018

There were 119,188 marriages in Australia in 2018, including 6,538 same-s*x marriages, according to data released by the Australian Bureau of Statistics (ABS).

James Eynstone-Hinkins, Director of the ABS Health and Vital Statistics Section, said 2018 was the first full year in which same-s*x couples could marry after changes to the Marriage Act in late 2017.

“In 2018, same-s*x marriages represented 5.5 per cent of the total number of marriages and inclusion of these marriages has influenced some key statistics,” said Mr Eynstone-Hinkins.

“The median age at marriage recorded the greatest increase in more than a decade. This was largely because the median age of same-s*x couples was considerably higher than that of opposite-s*x couples."

The median age of same-s*x couples in 2018 was 44.9 years for males and 39.3 years for females (compared with 32.1 years for males and 30.2 years for females for opposite-s*x couples).

Although more than one-third of same s*x marriages occurred in NSW (35.0%), same-s*x marriages accounted for only 5.6% of all NSW marriages. The jurisdiction with the highest proportion of same-s*x marriages was the Australian Capital Territory at 8.3% of all marriages.

The data was released as part of Marriages and Divorces, Australia, 2018 which also showed that the most popular season to marry was spring (31.8 per cent of all marriages), and the most popular day to marry was Saturday 20 October, with 1,993 couples tying the knot.

The information also showed that there were 49,404 divorces in Australia in 2018. The crude divorce rate was 2.0 divorces per 1,000 people in 2018, compared to 2.7 in 1998.'

Today is the International Day of People with Disabilities.

We acknowledge our responsibility to identify environmental and social barriers and to overcome them. We celebrate the achievements of people with disability and stand in solidarity- nothing about us without us!

The future is accessible.

We want to congratulate Amy on recently completing her Masters in Family Law, getting a high distinction on her final portfolio!

What many of you don’t know about Amy is that she has three young children at home, works full time and always comes to work with a big smile on her face, despite experiencing some difficult mornings 😊

This is a massive achievement for Amy and we’re grateful to have her!

We just want to say thank you to all those risking their lives to put out the fires across NSW. We’re crossing our fingers that they can be put out quickly without causing further damage to family homes.

https://www.sbs.com.au/news/a-really-long-night-crews-keep-up-bushfire-fight-as-fresh-winds-worsen-things-dramatically

'A really long night': Crews keep up bushfire fight as fresh winds 'worsen things dramatically' Fires continue to burn across NSW, with some still at "emergency level". Across the state, fire crews battled more than 300 bushfires.

One of the most common questions we are asked by our clients is “Why is there such a delay in the Family and Federal Circuit Courts? Do they not realise my matter is urgent?”

Unfortunately, the daunting reality is that once a party makes the decision to litigate their matter through the Family or Federal Circuit Court, the timing of when their matter is dealt with is no longer in their control, it’s now in the hands of the court.

It can take months or even years for the allocation of a hearing date, depending on how a matter is triaged.

Judges and Registrars are now attempting to pre-empt heated reactive responses inside the court room from individuals in the family law system by writing to their legal representatives prior to a call-over date, offering an explanation as to why a matter may be listed in one, sometimes even two years’ time. This makes our job very difficult in having to explain to a mother or father why their matter isn’t as important as another’s that may have been allocated a sooner listing date.

Family Court and Federal Circuit Court Chief Justice Alstergren discusses his irritations with the backlog and delays in these courts with The Sunday Age and the The Sun-Herald.

Click the link below to read the full article.

https://www.smh.com.au/politics/federal/it-keeps-me-up-at-night-chief-justice-on-chronic-family-law-delays-20191101-p536lh.html

'It keeps me up at night': Chief Justice on chronic family law delays Family Court Chief Justice Will Alstergren says the "unacceptable" delays in Australia's family law system have reached chronic levels and are piling hardships on already vulnerable people.

We have a full house today at Kyle & McGowan

Our two canine companions are always brightening up the office at Kyle & McGowan

Get started with our confidential online system, obligation free!

https://kmfl.settify.com.au/landing?referral=navbar

Kyle & McGowan Family Law Online Use our free online tools to find out where you stand, then get started with your divorce or separation in your own time.

KMJ Family Law updated their business hours.