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The Family Matters Show

Education Podcasts

Specialist family lawyers Benjamin Bryant and Heather McKinnon and their special guests answer your questions about divorce, separation, children's matters, property settlement and family court. They empower you to make wise decisions for yourself and your family.

Location:

Australia

Description:

Specialist family lawyers Benjamin Bryant and Heather McKinnon and their special guests answer your questions about divorce, separation, children's matters, property settlement and family court. They empower you to make wise decisions for yourself and your family.

Language:

English

Contact:

61 2 6651 8440


Episodes

How the Court deals with domestic violence

2/29/2024
In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence). They cover a wide range of topics, including the following: Also discussed was the Family Law Amendment Bill that has been passed through Parliament and will take effect in May 2024 and includes a "streamlined" parenting framework simplifying the "best interests factors". This legislation may impact how the Court deals with domestic violence issues when deciding children's matters.

Duration:00:26:10

Community Questions - Take 7

2/1/2024
This month Ben and Heather addressed a wide array of family law questions from the community, touching on a number of common issues faced by people going through divorce and separation. The questions included: Medical Court Orders:Passport Applications:Visitation in Prison:Mediation Costs:Domestic Violence:Relocation:Property Settlement:Advising Your Ex:Supervised Visits:

Duration:00:32:12

How mediators and arbitrators handle power imbalances

12/28/2023
On this episode, Ben and Heather were joined by The Honourable Colin Forrest. Now retired from the Family Court, Colin now handles mediation and arbitration in family law. We spoke to him about the delicate subject of managing power imbalances, and potentially domestic violence situations, in mediation and arbitration sessions. Our discussions covered the following subjects:

Duration:00:32:26

Indigenous Family Law Courts

12/1/2023
On this episode, Ben and Heather are joined by two special guests to discuss the growth of specialist Indigenous family courts, known as Indigenous List. Retired Federal Circuit Court Judge Robyn Sexton started the very first Indigenous List in Sydney in 2014. Rick Welsh is proud Murrawarri man and coordinator of The Shed suicide prevention centre focused on Aboriginal and Torres Strait Islander people. These two worked together to design and implement a specialist Indigenous family law court. Together they discuss the following:

Duration:00:34:06

Wills & Estate Planning: how things can go wrong

9/28/2023
On this episode, Ben and Heather discuss Wills and estate planning, bringing our attention to the many things that can go wrong if you fail to keep your Will and estate plan up to date with your life circumstances, particularly following a family breakdown. They discuss the following questions and scenarios: 1/ What happens if you die without a Will? 2/ What happens if you have children from your first marriage, remarry and don't change your Will? 3/ What happens if you separate from your partner, but don't change your Will? 4/ What happens if you divorce your partner, but don't change your Will? 5/ What if you have children, but don't change your Will to include them as beneficiaries? 6/ What if you have children and don't specify guardianship? 7/ When you change your Will can you add notes to an existing Will or do you need to start again? 8/ What assets should (and should not) be included in your Will? 9/ What happens if the estate has debts? 10/ What are the responsibilities of an executor and what should you look for when choosing your executor? 11/ What happens if you have a serious accident or illness that leaves you unable to manage your affairs? 12/ Do you need a lawyer for estate planning or can you DIY?

Duration:00:34:50

Divorce & Children w Special Needs

8/31/2023
This month, Ben and Heather were joined by experienced clinical psychologist Warwick McClelland to talk about divorce and separation when children with special needs are involved. Topics covered include:

Duration:00:25:39

Getting In and Out of a De Facto Relationship

8/3/2023
This month, Ben and Heather delved into the topic of de facto relationships, answering the following questions:

Duration:00:29:01

Top Six Questions on Property Settlement

6/28/2023
Property settlement is one of the first things that separating couples need to deal with, and often one of the most emotional. In this episode, Ben and Heather answer the top six most commonly asked questions on property settlement. Over the years Ben and Heather have dealt with so many questions about property settlement, both in their practice and through the podcast. They have whittled down those questions to the 6 most frequently asked and on today's show provide you with answers. Here are the six questions:

Duration:00:27:11

Same-sex separation: property & parenting disputes

6/1/2023
Ben and Heather discuss same-sex separation together with clinical psychologist Dr. Catherine Boland. The founder of Relationspace, a team of skilled professionals helping people going through divorce to better manage their circumstances and protect the psychological health of their children, Catherine is ideally placed to provide insights into the social science side of separation. While Heather answers the more technically legal questions. The team cover the following topics and questions:

Duration:00:28:51

Making separation work

4/27/2023
Ben and Heather welcome Dr Atina Manvelian, a psychologist and clinical scientist. As a postdoctoral researcher at Stony Brook University and Stanford University, she studies how our relationships impact our mental health and conducts research on how we can improve the quality of our relationships. Of particular interest for our listeners is Dr Manvelian's specialty in adjustment following a breakup or divorce. So she is the perfect guest to help tackle the topic of how to make separation actually work. This episode deals with the following questions: 1. What does a "good" separation look like? 2. How separations can get off on the wrong foot when one person has been thinking about separation for a long time and the other is taken by surprise. 3. How can couples avoid getting into a spiral of anger and blame that will be hard to unwind. 4. Managing a solo life and dealing with loneliness. 5. Is it possible to re-partner too quickly? 6. How to cope with the emotions that arise when your ex re-partners. 7. How separating couples should talk to their children about separation. 8. The importance of boundaries, how to set them and stick to them. At the end of the episode, Dr Manvelian gives us her top three tips on making separation work. Not to be missed!

Duration:00:30:42

Community Questions - Take 6

2/24/2023
This month Ben and Heather addressed a wide array of family law questions from the community, touching on a number of common issues faced by people going through divorce and separation. The questions included: Starting out:Property settlement timing (myth busting):Parenting decisions: Property division:Child custody adolescents:Parenting Orders:Child Support:

Duration:00:22:26

Making Mediation Work

1/26/2023
Gemma Rope, solicitor with Bryant McKinnon is our guest host for this episode. She and Heather welcome psychologist and mediator Anthony Smith to talk about how to make mediation work. With over 25 years and 2000 mediations under his belt, Anthony calls on his experience to provide tips and advice that will help to realise positive outcomes in family law mediation. Topics and questions covered include: The show also makes a strong case for why it's worth making mediation work and avoiding the emotional and financial costs of Court.

Duration:00:29:40

When the Property Market Turns

1/1/2023
In family law matters the sale of the family home is often the most difficult and emotional part of the separation process. And everything is just that much harder in the current environment, with rising interest rates and inflation making the entire market uncertain. For regional families things are even more opaque, because so much of what we see on social media or television relates to big city real estate markets. So it can be difficult to figure out the local dynamics. To help our Coffs Coast listeners get a handle on the market and the issues related to selling a home after separation, Ben and Heather welcome two local experts. Stacey Parks is a Certified Practising Valuer with property valuation specialists Herron Todd White. Craig Gardner is a partner and sales agent for Coffs Coast realtor Nolan Partners. Collectively this foursome provide some insights into the following commonly asked questions.

Duration:00:23:19

Coping with the Holidays after Separation

11/21/2022
With the holiday season approaching, Ben and Heather turn their attention to coping with holidays after separation or divorce. To help them deal with this highly emotive issue, they welcome back to the program Elisabeth Shaw, CEO of Relationships Australia NSW. Elisabeth is also a clinical and counselling psychologist with a specialty in couple and family therapy with over 25 years experience to share with our listeners. Topics covered include: At the end of the show Ben asked both Elisabeth and Heather for their one piece of advice for newly separated couples facing their first Christmas apart. So make sure you listen to the conclusion of this episode!

Duration:00:34:45

Substance Abuse & Family Law

10/27/2022
This month Ben and Heather talk to toxicologist and forensic medicine specialist Professor Edward Ogden about substance abuse and family law. Professor Ogden has been studying the impact of drugs and alcohol for over 40 years. He is Deputy Director of the Centre for Human Psychopharmacology at Swinburne University, Addiction Medicine Specialist for Goulburn Valley Health and St Vincent's Hospital in Melbourne and a forensic medical consultant with Clinical Forensic Medicine. Professor Ogden shares his experience and knowledge on the impacts of drug and alcohol misuse and methods of testing. He and Heather McKinnon also discuss why drug and alcohol misuse if a concern in family law cases and how the Court deals with substance abuse claims. The show deals with the following areas:

Duration:00:32:51

Estate Planning after Separation or Divorce

9/18/2022
Ben talks to Sydney-based barrister Louise Goodchild and solicitor and colleague Gemma Rope about the importance of estate planning during and after divorce or separation. Wills, powers of attorney and superannuation nominations are just about the last thing anyone wants to consider when facing the trauma of family breakdown. But as Louise and Gemma make clear, problems can arise if you put off considering these issues. Topics addressed include:

Duration:00:29:27

Getting Ready for Court

7/22/2022
This month Ben and Heather discuss how to get ready for Court. Their first piece of advice is to avoid bringing family law disputes to Court if at all possible. But in the event that you do have to go to Court this podcast will help you prepare, as Ben and Heather consider the following: Why does it take so long to actually get in front of a judge on a family law matters? Where is the Court physically located, and when are Court sessions now managed online? Do you have to hire a barrister to take a matter to Court? How much is it going to cost to take a matter to Court? (brace yourself for the answer!) How do your lawyer and barrister prepare your case for Court? Tips on what to wear and how to behave in Court and for online proceedings. How does the Court decide who a child will live with or spend time with? How does the Court decide property settlements? If you don't like the Court's decision, can you appeal?

Duration:00:25:24

Forensic Accounting: Valuing Businesses for Family Law

7/4/2022
This month Ben and Heather talk to forensic accountant Suzanne Delbridge about valuing a business when separating. Suzanne Delbridge is the Director and Founder of Delbridge Forensic Accounting in Newcastle and a very experienced forensic accountant. For listeners who may not know, a forensic account is specially trained to prepare financial information for a court of law. At the start of the podcast, Suzanne clarified exactly what a forensic accountant does and why they are absolutely critical when valuing a business. Ben and Heather then delved into the following questions with Suzanne: When is it appropriate to use a forensic account, rather than simply using your company or personal accountant? (Clue: it's never appropriate to use your company or personal accountant to value a business in divorce proceedings!) What are the different methods of valuation? How does an accountant differentiate between a business with significant value and one that is just a vehicle for owner income? Why do we sometimes see a business valued at close to nothing, when similar businesses are advertised a high prices? How do forensic accountants take into account lack of control or difficulty of sale when valuing a portion of a shared business? Can a forensic accountant identify if a business is being used to hide wealth? Do forensic accountants need to be involved in valuing self managed superannuation funds? Can the settlement structure in a divorce really make a significant difference to either party's tax bill?

Duration:00:32:41

Successful Coparenting

6/3/2022
In this episode family law experts Benjamin Bryant and Heather McKinnon talk to psychologist Michael Hawton about the secrets to successful co-parenting. Michael is a child and family psychologist who has been working with families in Australia and overseas for over 30 years. He is also the founder of Parentshop resource hub for parents, educator and child and family specialists. Michael has also found time to write two books: Talk Less, Liston More and Engaging Adolescents and has two children of his own. We discussed the following topics with Michael: •Is co-parenting the right option for everyone? •How important is a parenting plan to co-parenting success? •How to resolve differences without tearing the kids apart. •How to manage changeovers effectively. •How to manage special occasions without hostility and resentment. •At what should children's wishes be considered when decision making?

Duration:00:28:21

Independent Children's Lawyers

4/13/2022
This month Heather and Ben spoke to Gabrielle Cantrall, the acting Solicitor in Charge of Family Law with LegalAid NSW, about Independent Children's Lawyers (ICL). These are the specialist lawyers the Court appoints to represent children in complex family law matters. LegalAid NSW is the body responsible for accrediting Independent Children's Lawyers in New South Wales, so Gabrielle is uniquely qualified to talk about their role and responsibilities. Both Ben and Heather are qualified Independent Children's Lawyers with many years combined experience working in this space. They are able to provide perspective on the day to day of working with and for children in family law cases. Topics covered include: •Understanding Independent Children's Lawyer's •What is an Independent Children's Lawyer? •What is a lawyer's role when acting as an ICL? •How does a lawyer qualify as an ICL? •When does the Court appoint an ICL? •The parents' role with an ICL: •Do parents get a say in who will represent their child? •Can parents sit in when an ICL meets with their child? •Does an ICL keep parents informed? •What if a parent is unhappy with their child's lawyer? •Acting as an ICL: •Does an ICL act on the instructions of a child? •How does an ICL form a view on what's in a child's best interest? •What experts does an ICL use to help them form this view? •What if a child has been told what to say to an ICL? •How does an ICL represent a child in Court? •What is the role of the ICL at the end of proceedings?

Duration:00:33:06