Are you feeling like your lawyer isn't telling your full story? In this episode, Laura and Lynette dive into the issue of legal gatekeeping and how it can impact your divorce case. They discuss why it's crucial for your lawyer to present all the relevant facts, including those that might be uncomfortable or distressing about Family Violence or Coercive Control. With new property legislation potentially on the horizon in Australia, it's more important than ever to ensure your story is heard, whether it concerns property settlements or children's matters. Tune in to learn strategies for advocating for yourself and making sure your experiences are properly represented in court. Trigger Warning this could be distressing or triggering for victim survivors of family violence or coercive control. 

Listen to This Episode If You:

• 🌟 Feel like your lawyer is not presenting the full picture in your case.

• ❓ Are dealing with family violence or coercive control and want to know how it affects your legal proceedings.

• 💡 Need to understand the role of your lawyer versus the role of the judge in court.

• 🛡 Want to ensure that critical information about your case is not being withheld.

• 📚 Are interested in how upcoming legislation may change the way family violence is considered in property settlements.

Understanding Legal Gatekeeping: Is Your Lawyer Telling Your Full Story? 

Key Ideas Discussed in This Episode:

• Understanding Gatekeeping: What it is and how it can affect your case.

• The Role of Lawyers vs. Judges: Clarifying what each should be doing in the context of your story.

• Importance of Telling Your Full Story: How withholding information can negatively impact court outcomes.

• Legislation Update: A look at potential new laws in Australia that could affect property settlements involving family violence.

• Kennan’s Case: How this landmark case impacts current family law and property settlements.

• Strategies for Self-Advocacy: Tips on how to ensure your lawyer is representing all relevant facts.

• Impact on Children: The importance of being upfront about family violence to protect and support your children.

• Mediation and Legal Strategy: How to handle mediation and what to do if you're feeling pressured by your lawyer.

Links & Resources Mentioned in the Podcast:

• Episodes for More Insight:

• The Pep Talk You Didn't Know You Needed

• Choosing a Family Lawyer & the Red Flags not to ignore

• Three ways to choose and use your family lawyer (that you probably haven’t heard of for your divorce.

• Post-Separation Abuse: What You Need to Know

• Using children as chess pieces in divorce

• Webinars and Courses:

• DIY Divorce Blueprint

• Weekly Webinars on Navigating Divorce

• https://www.patreon.com/TheDivorceCoursePodcast

Emergency Contacts:

• WOMEN'S SHELTER SERVICE

• LEGAL AID

• Lifeline: 13 11 14

• Mensline Australia: 1300 789 978

• Kids Help Line: 1800 551 800

• Aboriginal Family Domestic Violence Hotline: 1800 019 123

• Relationships Australia

• Police: 000

• DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)

• DV Connect Mensline: 1800 600 636

• National DV line: 1800 737 732 (1800 RESPECT)

 

 

Thank you for listening to this important episode on ensuring your story is fully represented in court. Remember, your experiences are valid, and the right legal representation can make all the difference. If this episode resonated with you, please rate, review, and subscribe. Your support helps others find the help they need. Stay strong and take care.

Disclaimer: This podcast episode provides general legal education for Australians and is not a substitute for legal advice. Every situation is different, and it is important to seek independent legal advice tailored to your specific circumstances