Saturday, January 9, 2016

Consultation-Guidance-Counselling



Denise King BA (Psychology & Education) Post Graduate Psychology and Conflict Resolution, Certificate in Mediation,
LLB LLM (honours) Published author.


Less Expensive Options

Court Proceedings can be very stressful, time consuming and expensive. 

Denise King provides consultations about less expensive options, and educates clients about ways of achieving a negotiated agreement without making application to the Courts unless absolutely necessary. 

Consultations and Counselling

If court is necessary, she assists clients to navigate their way through the emotional and practical issues.

Clients can be self represented for court cases.  Denise King can be consulted without representing clients.

Consultations and counselling can be individual or joint. 

Children's Issues

Denise King has a Master of Laws (honours) by research on high conflict children's cases in the Family Courts from a cross-discipline approach (law and psychology).

A guide to the use of psychologists in high conflict children's cases and precedent orders written by Denise King can be purchased on www.documentsonline.com.au.

Property Settlements

Denise King can assist parties to calculate what is a fair and reasonable agreement without having to resort to court proceedings.

Court proceedings are long and expensive.  Parties could have to struggle without resolution for a significant amount of time leaving them unable to get on with their lives and at a high cost financially and emotionally.

Usually when applications are made to the court, the parties and their lawyers are encouraged to negotiate agreements while attending the court listings that are months apart.  Such negotiations can occur without waiting for court listings in a more timely and less expensive way.

Denise King can educate clients how to do this.  The advantage of having this guidance is that it is not adversarial, but is educational from a vast amount of experience as a counselor, mediator and lawyer.

Legal Agreements

Children

Agreements for parenting of children should be filed as Consent Orders at Court so that if conflict arises in the future, the Court can enforce the agreement. 

It is not necessary to have mediation if Consent Orders are being filed  Consent Orders can be filed whether written by a lawyer or the parties, although it is helpful to use lawyers who are trained in writing orders acceptable to the Court.

Court applications for children's orders require mediation prior to making an application to the Family Courts. 

Although Denise King has been a mediator in the past, she no longer practices as a mediator, only as  an educator and counsellor.  However, she can guide clients toward reaching an agreement that can then be taken to a lawyer or mediator, having had significant experience both as a mediator and lawyer.



Property


Agreements about property can be either filed at Court as Consent Orders, or can be made into a legally binding Financial Agreement.

As for children's consent orders, it is better to ask a lawyer to write the orders that the court is likely to approve, although it is possible for parties to write their own consent orders.
 
For Financial Agreements, each party needs to have independent legal advice with a certificate that this has taken place for the agreement to be legally binding. 

Using her many years experience as a lawyer and mediator, Denise King is able to educate clients to negotiate an agreement and assist them in writing legal agreements before they take this to independent lawyers for a certificate of independent legal advice, and filing the agreement if necessary. 

It should be less expensive to have prepared an agreement that the lawyers do not have to change significantly or at all.