If you are looking for diversity and better work stories, look no further: family law might be the job for you. Family lawyers’ scope of practices (and experience) vary significantly. Some practise only in one domain, being care of children, family violence, adoption, surrogacy, dissolution of marriages, PPPR, relationship property and estates while others do the full spectrum.
I acknowledge that family law is not everyone’s cup of tea. It is often a thankless job and can be emotionally tiring (as we are mostly dealing with people at their worst) but it can also be very rewarding. I love working in family law as you really are helping people.
I commenced working in this area of law in 2012 and I have worked in all areas, except for surrogacy and estates. No two days as a family lawyer look the same. Every new set of instructions we receive is unique and fact-specific. Sometimes we might act for the father or husband, wife or mother, perpetrator or victim, third parties or other family members. Some family lawyers also represent children and/or the mentally incapacitated. Last week, in between emails and telephone calls, my day-to-day (kind of) looked like this:
Monday
- Check emails to see what has unfolded with existing clients over the weekend. Did a parent not comply with changeover arrangements for the children? Will an urgent court application be required?
- Attend weekly team meeting. Debrief about antics over the weekend and check everyone’s capacity (mentally and workload).
- Respond to emails received over the weekend.
- Prepare a letter to a lawyer, asking his client to undertake a paternity test. A while ago, client learned his wife was having an affair and has now had the baby. Timing suggests the baby might not be his.
- Meet with a new client via Teams to take instructions and give initial advice about a guardianship matter. The parents are disputing where to send their kids to high school.
- Prepare and send email to a new client confirming advice, next steps and what we require from them. They respond saying they will collate information over the next week.
- Prepare letter of advice regarding relationship property division for a client I met last week. Send to client.
Tuesday
- Check emails to see what has come in overnight and respond to the same. Client desperate to meet that day to update me on her sister not conforming with rules and regulations pursuant to the welfare guardianship order made for their mother.
- Prepare and file submissions for registrar’s review – the court is checking in to see whether we have served dissolution proceedings on a respondent.
- Meet with client via Teams to address aforementioned welfare guardianship order matter. Prepare and send letter to other side in accordance with client’s instructions and advice.
- Review proposed changes to contracting out agreement received from lawyer. Advise client in respect of the same.
- Assist junior colleague with file they are working on.
- Meet with new client and advise her about dividing assets and liabilities, spousal maintenance and economic disparity, now her husband has left her with four kids, a dog and no access to bank accounts.
- Prepare letter of advice to aforementioned ‘wife client’ and prepare letter to husband seeking disclosure of assets/ liabilities and seeking maintenance payments. Send to client for review.
Wednesday
- Again, check emails to see what has come in overnight. Urgent instructions received from client seeking orders pursuant to the Family Violence Act due to former partner entering her property, stealing her dog and sending abusive and incessant text messages.
- Attend business development meeting.
- Prepare for and attend judicial conference. Court checking in re status of care of children proceedings whereby mother is required to file hair follicle test results after father found drug paraphernalia left in reach of children.
- Attend urgent meeting regarding aforementioned family violence matter. Receive detailed instructions and advise as to prospects, process and options.
- Prepare without notice application, affidavits for the protection order matters. Send to client for consideration. Meet with client to take further instructions.
- Collate exhibits to support the affidavit.
- File protection order proceedings in court.
Thursday
- Again, check emails to see what has come in overnight. Result from urgent family violence proceedings received from court – success! Advise client and liaise with police about service of documents on respondent.
- Consult with partner about dreaded, tricky file. Deal with that.
- Researching and preparing submissions which are due next week, in anticipation of a hearing deciding who shall have occupation of the family home pending division of all relationship property. Takes most of the day.
Friday
- Always hoping for a quiet day on a Friday to catch up on admin, CPD, long lunches etc. Unfortunately, not today.
- Email received overnight from father client, saying mother is refusing to drop children to him after school today in accordance with terms of parenting order.
- Attend meeting with father client. He has instructed us to enforce the parenting order as mother has done this one too many times.
- Urgently prepare and file documents in the Family Court (by 2pm).
- While waiting for the response from court, continue to prepare and finalise submissions for hearing next week. Send to client for review over the weekend.
- Glass of wine in hand. Brief catch up with the team about weekend plans.
- Check calendar for what is on the agenda next week – submissions due, hearing then roundtable meeting (similar to a mediation). It will be busy!
- Receive response from court (5pm) regarding enforcement proceedings. Court has put the matter on notice. Bugger! Explain to client and deal with his reaction. Give best attempt at contacting lawyer on other side in attempt to resolve the matter promptly. No luck (not surprising being after 5pm on a Friday). Accordingly, assign task to Monday.
Ellen Snedded is a senior solicitor at Simpson Western, with eight years’ PQE.
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