Family Law
Family law matters can be extremely stressful for our clients. We are dedicated to resolving these issues in a quick, efficient and conciliatory manner wherever possible.
Family law is a sensitive area of the law that deals with family related issues and domestic relations.
At Van Houten Law, we give our clients the best family law services in Property Settlement, Divorce, Defacto, Parenting matters, Child abductions, Spousal Maintenance and Cohabitation agreements. We understand that this is a difficult and vulnerable time and we are dedicated to giving the best result in family proceedings we can offer.
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We are competent, diligent, loyal as well as friendly and our communication skills are highly commendable. We offer our clients long-term commitment and assistance at such a difficult time.
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Same Sex Couples and Family Law
On the 1 March 2009 De Facto property rights came into force by the amendment in 2008 where The Family Law Amendment (De Facto Financial Matters and other Measures) Act 2008 made significant changes.
Once there is a breakdown of a De Facto relationship which includes Same Sex Couples there are time limits for the alteration of your financial interests of the relationship.
The meaning of a De Facto including Same Sex Couples Is defined as
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The persons are not legally married
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The persons are not related
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Having regard to all the circumstances of their relationship they have a relationship as a couple living together on a genuine domestic basis.
The Law considers the following to establish the relationship:
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The duration of the relationship
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The nature and extent of their common residence.
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Whether a sexual relationship exists.
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The degree of financial dependence or interdependence and any arrangements for financial support between them.
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The ownership use and acquisition of their property.
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The degree of mutual commitment to a shared life.
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Whether the relationship is or was registered under a prescribed law of a State or Territory as prescribed kind of relationship
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The care and support of children
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The reputation and public aspects of the relationship.
KNOW YOUR RIGHTS WHEN THE RELATIONSHIP BREAKS DOWN CALL VAN HOUTEN LAW
Domestic, Family Violence and Coercive Control
Domestic Violence
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​Where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have a significant adverse impact upon that party's contributions to the marriage or to have made his or her contributions significantly more arduous than they ought to have been, that is a fact which a court is entitled to take into account in assessing the party's respective contributions when deciding the property interest division.
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Domestic violence law is pursuant to crimes (domestic and personal violence) at Act 2007.​
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Family Violence
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"Family violence" means violence, threatening or other behavior that coerces or controls a family member or causes them to be fearful. Examples of behavior that may constitute family violence include (but are not limited to) an assault; a sexual assault or other sexually abusive behavior; stalking; repeated derogatory taunts; intentionally damaging or destroying property; intentionally causing death or injury to an animal; unreasonably denying the family member the financial autonomy that he or she would otherwise have had; unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; preventing the family member from making or keeping connections with his or her family, friends or culture; and unlawfully depriving a family member of his or her liberty. ​​​​​​
Child Abuse Allegations
Any crime committed against a child is legislated under the crimes Act 1900 NSW. Child abuse and/or sexual abuse is a serious matter. Exposure to violence or abuse is recognised as having a highly detrimental effect on children. It has a serious consequence to the person accused and if it involves a parent it can impact on parenting, like time spent with the child and other rights a parent would enjoy in a loving and caring relationship.
IF YOU ARE ALLEGING CHILD ABUSE AND/OR ARE ACCUSED OF THE SAME CALL VAN HOUTEN LAW ​​​​​​​​​
Mr. Rodney C Van Houten
Principal Lawyer
Rod has prior experience within the Police. Rod was the founding principal of Van Houten law in 1993 and commenced practice that year with specialties in criminal and family law. Rod was accredited as a criminal law specialist in 2005 and now has over 30 years of experience in criminal and family law. Rod is also an accredited family dispute mediator.
Criminal law issues often have a significant impact on family law matters, especially when children are involved. Allegations of criminal conduct, such as domestic violence (including coercive control) and substance or alcohol abuse, frequently arise in family disputes. These issues can affect parents' rights to custody, visitation, and other parenting matters. Additionally, they can influence decisions regarding the division of property interests between the parties.
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Email : rvh@vanhoutenlaw.com.au Tel: 0412 200 175
"Thank you for helping me throughout my family law matter with property and parenting.
It was a very stressful and emotional time for me in navigating through separation and the division of property and children issues and you made it easy with your caring and expertise in family law and mediation. Child inclusive mediation did work well in hearing what the children wanted in spending time with both parents. I was very impressed in how you treated everyone including fellow practitioners with courtesy and respect which assisted in a successful outcome.
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I am now well settled with the children thanks once again."
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- Claudia
