Relocating parents case to be reconsidered
A Family Court decision handed down last year which saw a mother forced to live on social security in a caravan park in Mount Isa so she could spend time with her daughter is to be reconsidered following the intervention of the High Court of Australia.
The original decision dealt with the parenting arrangements between the mother and father who had moved to Mount Isa with their then 6 year old daughter around 12 months before separating.
The mother wanted to relocate back to Sydney where she had an offer of full-time, flexible employment but the father had a well paid job in Mount Isa and refused to relocate.
The Court initially determined that it was in the best interests of the child to spend a week at a time with each parent and that both parties should should continue to reside in Mount Isa in order to allow that to occur.
Best Wilson Director Kara Best said, “This produced a situation of considerable hardship for the mother who had limited employment opportunities in Mount Isa, limited family support, could not obtain or afford accommodation other than at a caravan park and was largely dependent on social security payments to survive.
“The decision was recently appealed to the High Court which found the Federal Magistrates Court (and later Family Court) should not have made a decision focused solely on the benefit to the child of granting equal time to both parents.
“In sending the matter back to the Federal Magistrate Court for reconsideration, the High Court has indicated the importance of considering whether equal time arrangements being put into place are reasonably practicable, in addition to being in the best interests of the child.
“In this case the child was forced to live at a caravan park with limited facilities and with a parent who had limited opportunity to properly provide for her.
The Mother was effectively required to compromise her own quality of personal and professional life in order to accommodate the equal time arrangement.
The Court found that there had been inadequate consideration of the practical implications for the Mother of being required to remain in Mt Isa to care for her daughter.”
“It remains to be seen what decision the Federal Magistrate will make in coming months but it certainly seems that the High Court has widened the Court’s ability to consider the practical repuccussions of requiring a parent to live somewhere other than where they want to be.
“The impact of the High Court’s decision on separating parents seeking relocation could be significant.
“But exactly how future relocation matters are settled is yet to be seen.” Kara said.
Recent WIN News appearance
Reagan Wilson was recently asked by WIN News in Toowoomba to comment on the Australian Institute of Family Studies report on the impact of the 2006 Family Law reforms.
Click below to watch the News video.
Best Wilson Official Launch Success
More than 120 members of Toowoomba and Brisbane's business community made the recent official Best Wilson launch a tremendous success.
Guests included many members of the local legal community including current sitting Federal Family Court Magistrate Cassidy.
Kara Best said, "The launch came a little while after we actually started trading but we wanted to take the time to make sure the launch was well organised and a great night for our guests."
Reagan and Kara both took the opportunity to thank the assembled group of fellow practitioners, business leaders, staff and clients for their support during the establishment of the firm.
Reagan said, "This firm wouldn't be here if it wasn't for the support of all of you."
"In particular we thank our families and staff for the tireless efforts and sacrifices that have been made in establishing what we believe is a firm unique to the region.
"With a focus purely on family law and initiatives like our Pastoral Care Program and Kara's recent appointment as an Independent Children's Lawyer we can offer clients with a family law matter something they can't find anywhere else in Toowoomba", he said.
Kara said, "The interest from the busines community and the local media in our venture is an indication of how we brought to life a firm that is something special for people experiencing relationship problems."
Click here to view a copy of the Toowoomba Chronicle article about the launch.
Kara Best Appointed Independent Children's Lawyer
Best Wilson Director Kara Best was recently appointed to the panel of Independent Children's Lawyers. This appointment follows a training and application process conducted during 2009.
An independent children’s lawyer is an independent solicitor appointed by the court during a family dispute.
The Family Court or Federal Magistrates Court requests Legal Aid Queensland to appoint an independent children’s lawyer in some proceedings that concern a child’s welfare. Sometimes this is necessary for the Court to address its primary concern in disputes about parenting arrangements - the future well-being of the child.
Kara is one of only a handful of lawyers in Toowoomba able to act as an Independent Children's Lawyer. The appointment reflects her experience, expertise and compassion in dealing with the difficult issues that arise in resolving disputes between parents - while always protecting the best interests of the children.
Best Wilson Celebrates Latest Admission
Best Wilson recently celebrated the admission of Stephanie Wilkinson as a solicitor of the Supreme Court of Queensland.
Stephanie's admission is the final step in a process that has involved considerable study, practical experience and an assessment of her "good character" to ensure she is ready for the responsibility of legal practice.
Many clients of the firm will be familiar with Stephanie and have already benefitted from her experience and commitment to client service.
Stephanie has worked exclusively in family law during her trainee solicitor period and looks forward to continuing her commitment to making a very real difference in the lives of people who are going through difficult times.
Partners Kara Best and Reagan Wilson are pleased to have been involved in Stephanie's professional development and congratulate her on achieving her admission.
Reagan Wilson on Future Leaders Panel
On 19 November Reagan Wilson was a panel member for a Future Leaders “Stepping Out” discussion.
This event provided the opportunity for the Toowoomba Chamber of Commerce Future Leaders members to hear from some of Toowoomba’s successful young business leaders.
In particular, the brief was to outline just why each of the four panel members have chosen to live, work and play in the Garden City.
This enthusiastic mix of young business leaders discussed the benefits and challenges of being an entrepreneur in the region. In addition to Reagan, the panel included Dave Granfield (Star Gardentown Café), Kelli McDougall (McDougall HR) and Rowena Barber (WHK).
Reagan said it was particularly good timing for him with the recent establishment of Best Wilson Family Law.
“I’m really committed to building a successful business here in Toowoomba and believe it's important to remind younger members of the business community that opportunities abound close to home.
“While I always encourage people to broaden their outlook there is no reason why a lifetime of business success and personal fulfilment can’t be achieved here in Toowoomba.”
Newest Chamber Supporter
Best Wilson is an enthusiastic supporter of the Toowoomba business community. As a result, one of the first steps the newly established firm undertook was to become a member of the Toowoomba Chamber of Commerce.
The Chamber is the leading business group in the region and is particularly active in providing networking opportunities for business people and bringing top quality speakers and information to the city.
The firm is already active in Chamber events with several team members participating in the excellent Young Leaders group as well as other Chamber functions.
Best Wilson is proud to be the Chamber’s newest member and looks forward to benefiting from its many programs for years to come.
Welcome to Best Wilson Family Law
Best Wilson Family Law opened for business on 2 November 2009 with a new approach to providing family law services in Toowoomba.
For the first time in Toowoomba people with family related legal issues can benefit from the services of a firm which practises exclusively in this area.
Every member of our team has chosen this area of practice and is committed to providing the best possible service.
A lot more information about our new firm can be found on this website.
We invite any clients or friends of the firm that have not already done so to visit us at our new premises located at 3 Clifford Street. Our office is in a beautifully restored period home located opposite the entrance to the Cinema level carpark at Grand Central Shopping Centre.