Family & Divorce Law

RELEVANT CONTACT(S)

CLAIRE MCKENZIE

CONTACT

Phone:  08 9535 4604

Fax:  08 9535 4603

We are dedicated to helping Mandurah and Peel Region clients resolve their matters with professionalism, speed and outside of courts. No two family situations are the same, therefore, we will treat your personal circumstances with an open mind and a willingness to help. To that end, we are always open and upfront about your options, the likely outcomes and the costs involved.

As a client of Petherick Cottrell, you will be benefited by our wealth of knowledge and professional experience as we protect and actively advance your interests in all areas of law.

Why choose Petherick Cottrell as your lawyer?

  • The team at Petherick Cottrell is made up of lawyers who have significant experience in top tier law firms meaning we can provide top level, quality advice at local, competitive prices;

  • All of our lawyers are based in Mandurah, meaning you do not need to go to Perth (or pay Perth-level fees) for quality legal advice;

  • Our experience means that no matter is too hard or complex;

  • Our lawyers are friendly, approachable and professional. 

Family &
Divorce Law

Divorce & Family Law

Divorce & Family Law

Petherick Cottrell’s family & divorce law solicitors in Mandurah can provide assistance for a range of matters relating to family law and de facto relationships. With regards to Marriage, De Facto and Divorce Law, these services include:

  • Divorce in Australia including preparing and serving divorce papers

  • Legal separation issues

  • Annulment of marriages

  • Spousal maintenance

  • Property settlements

  • Domestic and family violence and apprehended violence orders (AVOs)

  • Family Mediation

  • Legal representation at Family Court


Our specialist team will be able to advise you on a wide range of matters that relate to children, including:

  • Child support and enforcement of payments

  • Parenting plans for child custody and visitation

  • Parental rights, father’s rights and grandparent’s rights

Child Custody Law

Child Custody Law

Australian law focuses on the rights of children to have an ongoing relationship with both parents so that separating from your partner or spouse doesn’t mean that you are separating from your child or children.
Although the terms ‘custody’, ‘residence’, ‘contact’ and ‘access’ are no longer used much by lawyers today, the issues behind the jargon are still on the top of the list of concerns for separating couples. These include living arrangements, time between parents, and major parental decision making. Our specialist team will be able to advise you on all of these issues and assist you in reaching a positive resolution.

We will take you through all of the areas which need to be considered and document what you think is a fair approach to arrangements for your children. If your partner is agreeable, your lawyer can help you formalise the document without proceeding to costly court action through a collaborative process - something we specialise here at Petherick Cottrell.

If your differences are unable to be settled, then we will robustly represent you on the path to having parenting orders issued by the Family Court or Federal Circuit Court and the associated family dispute resolution process. We can help take the heat out of a difficult emotional situation and negotiate on your behalf to obtain the best possible result for your children. And if it comes to court, we have significant experience with the court system and can use our experience to your advantage.

Domestic Violence

Domestic Violence

A Violence Restraining Orders (VRO) is an order made by the court that prohibits the defendant from certain behaviour, such as harassment, stalking, intimidation, violence or the threat of violence. The purpose of an VRO is to provide protection from this behaviour in the future – it usually states that a person cannot behave as such or go within a certain distance of the home or workplace of the person lodging the complaint.

The Court can issue a VRO if a defendant consents to an VRO being made, or if evidence is heard proving that a person in need of protection fears violence or harassment by the defendant. The magistrate also has to be satisfied that there are reasonable grounds for these fears in order to make an VRO.

If you need to make a VRO, or if somebody has made a VRO against you, it is recommended to seek our advice immediately.

Child Support

Child Support

If your children spend most of their time with you, you are likely to be entitled to child support payments. The amount of child support payable varies according to your specific circumstances and is decided upon and monitored by the Child Support Agency.

Clients might seek our advice and legal representation in circumstances where they may need to seek to overturn an unfair decision made by the Child Support Agency. You have the right to object to the decision within 28 days and then an internal review of the decision will take place within 60 days of the objection being filed. You can also continue to appeal if the original decision was upheld by applying for a review through the Administrative Appeals Tribunal.

Sometimes partners fail to pay the prescribed amount. In this circumstance, The Child Support Agency has the power to investigate and enforce payment which includes the power to collect the payment from employers, the tax office and social security. It also has the power to stop people from leaving the country while there are outstanding payments. Child support issues can be sensitive and difficult to work through, but we can help you find your way through the process and the legislation. Contact us to discuss your particular circumstances.