Parenting Orders Dispute
The client is preparing to file an initiating application for parenting orders against their ex-partner to regain access and custody of their child. They are considering placing a legal charge on their relative's home to cover legal fees, but are unsure if this is feasible without external assistance. The client is concerned that their digital assets, which include a portion belonging to another family member, may affect their eligibility for financial aid. They are confused about how asset liquidity impacts legal aid decisions, especially since digital assets are treated as 'property' under Australian law. Additionally, the client received a quote of approximately $25,000 from a private lawyer for filing an urgent application, but is worried about escalating legal costs due to the ex-partner's history of avoiding legal proceedings.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow does my digital asset being considered 'property' under Australian law impact my eligibility for financial aid when it is also considered a liquid asset?
In Australia, digital assets are classified as 'property' and a 'liquid asset', impacting your eligibility for financial assistance due to its immediate convertibility into cash. Financial aid assessments consider liquid assets, which include cash, shares, and digital assets. Even though these assets are classified as property, their liquidity means they are viewed as available funds for legal costs. The high liquidity of digital assets compared to real estate can affect your assistance eligibility.
Is it possible for me to place a legal charge on my relative's house to cover legal fees, even if I am not granted assistance?
Yes, it is possible to place a legal charge on your relative's house to cover legal fees without assistance. This typically involves your relative voluntarily agreeing to grant a mortgage or charge over their property as security for your legal costs. It's important to ensure they seek independent legal advice to understand the implications.
What strategies can be employed to ensure my ex cannot prolong legal proceedings to increase my legal fees, especially given his past actions of avoiding law enforcement?
To prevent your ex from prolonging proceedings, consider applying for interim orders for temporary arrangements while the case is ongoing. Request the court to set strict timelines for responses, reducing delay tactics. You can also seek a costs order against your ex if his actions are deemed frivolous. Consider using a case management conference to streamline the process.
Can a Statutory Declaration effectively differentiate the share of digital assets that belong to another family member in the eyes of the financial aid authority?
A Statutory Declaration can clarify asset ownership, including the share of digital assets belonging to another family member. However, the financial aid authority will consider the overall financial assessment when determining eligibility for assistance.
What are the potential implications of using my digital assets to fund legal proceedings, considering tax liabilities or market volatility?
Using digital assets to fund legal proceedings can have several implications. Liquidating these assets may result in a capital gains tax liability, as any profit made from the sale would be taxable. Additionally, market volatility means the value of your assets can fluctuate significantly. It's crucial to assess these implications when considering funding options.
If my lawyer attempts to serve my ex through multiple means, is this considered sufficient in the eyes of the court if he doesn't respond?
If you have made reasonable attempts to serve your ex through various means and he fails to respond, the court may consider this adequate service and can proceed in his absence, possibly granting the requested parenting orders.
How soon after being granted court orders can my ex fight those orders to cause financial stress?
Once parenting orders are granted, they remain effective until varied by the court. Your ex can apply to change the orders if there's a significant change in circumstances. Frequent applications without merit may be considered vexatious.
What happens if the court grants me parenting orders while my ex is unresponsive, and he has relocated with my child?
If the court grants parenting orders in your ex's absence, they are legally binding. However, enforcing them can be challenging if your ex relocates without notice. You can request the court to issue a Location Order or a Recovery Order to help locate your child.
In Victoria, what is the average cost for privately initiating parenting orders?
In Victoria, the average cost for privately filing an initiating application for parenting orders can vary widely but generally ranges between $5,000 to $15,000 for straightforward cases.
