Recommendations of a family lawyer?

**~ Mylitta ~** · May 28th, 2008, 08:26 PM

I was just wondering if anyone might have any recommendations on a family lawyer in Melbourne (or close by)? My DH has two boys (11 and 8) and he is currently in discussions with the children's mother about the elder boy coming to live with us next year when he starts high school.

Everything seems pretty civil at the moment, but based on her prior history I would prefer to speak to someone who knows the law and can advise us so that we can do everything by the book. His Ex is also quite greedy when it comes to money (we pay her more than the amount of child support required by government standards, plus still go "halvies" of pretty much everything; school fees, uniforms, recreation activities etc...). I'm worried that if we don't change the "primary caregiver" status to us when he comes to live with us, that she will make him live with her again and cut our visitations just to get more child support (yep, unfortunately she's that sort of person).

Any recommendations would be greatly appreciated as I don't even know where to start finding someone good...

I just can't wait for him to come live with us, and hope my younger step son decides he would like to do the same some day

pegasus · May 28th, 2008, 08:45 PM

Wish I could help, but I am in Sydney. Good luck though, I'm sure someone here on BB would know of a good one. Maybe there's a website with ratings or something. Try googling it. In the yellow pages though, a big ad seems to show they're successful, so perhaps write some names down from there and mention them on BB. Maybe that might help people suggest someone. Good luck with everything.

**fionas** · May 28th, 2008, 09:58 PM

Hi there

If you go to the Law Society of Victoria's website, they will list solicitors by specialist area eg. family law. You can get the first 30 minute appointment for free so you can get some free advice and see if you like the lawyer's approach and especially if they get to the point quickly in language you can understand (otherwise once they take on your case it will get expensive if they waffle on and you're paying by the minute).

Infact I think I got two free appointments with two different lawyers (they were for different issues). From memory, I think there's a limit of three free appointments with three different lawyers.

Oh, and make sure you ask what their rate is once the 30 minutes has expired.

pegasus · May 29th, 2008, 09:15 AM

ok I do know that you can get legal aid for family law, but there is criteria. You need to look at the legal aid site to know what the criteria is for financial situation. Only one person in a lawsuit can have a court appointed legal aid lawyer. Sounds bad, but there's a way around that. Many lawyers take cases on for legal aid. Speak to the lawyers at your free appts and ask if they can do the case with legal aid. There are a few fees but not too much cost. So both parties can have legal aid if one or both have a private lawyer willing to do the case for legal aid. Have a look at the site and see if you're eligible. Good luck.

**Lulu** · May 29th, 2008, 09:18 AM

Its a good idea to seek a lawyers opinion. Do you think the ex realizes that she will lose money and may have to pay you child support? I'd be a little worried she might change her mind when she finds out....

Good luck though xoxoxoxoxo

**Sammiejane** · May 29th, 2008, 09:25 AM

Krystie,

DH and i have often spoken of this and DH ex, is also quite greedy... we always said that if DSS came and lived with us, we would leave the status as it was for a few months, let DSS settle in and then 'rememeber' that you hadnt changed it, this way it is very obvious that she wants him back just for the money, and also the child will have had enough time to settle in and be comfortable at the new school and living arragements.
Its sounds awful, but it was the one way of getting around it.
The other thing is that possibly you could look at mediation and have an agreement set out before he comes to you... this is a cheaper way of doing it and will look favourable for you guys if she then changes her mind.
going to court is very final, and also costly, its the safest way in that you are protected, but sometimes can drag on... did you know that children at the age of 12 have the 'right' to choose which parent they live with (again you would probably have to go to cout for this if she is fighting it, but worthwile info)

Good luck and i hope this helps