written by jennifer ung

What is FAMILY Law?

Family lawyers deal with family-related issues and domestic relations. This includes representing clients in a divorce, the division of marital property, child custody, drafting pre and postnuptial agreements, representing victims or perpetrators of domestic violence, adoption and child abuse. While some family lawyers develop a particular specialty, such as divorce law, most will have expertise in a number of practice areas.

Family lawyers possess a wide range of legal skills as they may draft and negotiate contracts, litigate contested matters and advise clients on their legal rights and options. Family lawyers must have sound interpersonal skills and be able to manage often emotionally volatile and highly personal situations.


Kirsti Weisz, brown haired woman with purple highlights and glasses wearing a blue floral shirt and black cardigan

Kirsti Weisz

Lawyer, Victoria Legal Aid

Kirsti Weisz is currently a Family Violence and Family Lawyer at Victoria Legal Aid. She is also actively involved in animal welfare advocacy and is an Executive Board Member at Lawyers For Animals. Keep on reading to learn more about Kirsti’s experiences!

INTERVIEW

As a student, were you certain that family law was the area that you wanted to practise in?

I wanted to be a journalist when I started studying Arts and Law, but once I started doing internships and working as a reporter, I didn’t think it fit with my own morals and what I wanted to be doing. That’s when I started volunteering at different community legal centres and how I became exposed to family law work. I did always think that if I was going to practice law that I’d probably end up in family law.

In many ways, families are the cornerstone of our society; they’re so valuable and important. You can make significant impacts on people’s lives by practicing in family law.

What I enjoy most is working within the rights of the child and constantly thinking about what is in the child’s best interests. It’s interesting to maintain that ambition, while working within the client’s instructions. I think it is an important role; the idea of holding parents accountable for exposing their children to behaviours that are detrimental to their development.

What does a day in your life as a family lawyer look like?

Given the coronavirus pandemic, this is not quite the typical way that we operate, but at the moment, I’m mostly dealing with family violence as opposed to family law matters. I do carry some family law files, but for the most part, they’re usually family violence related. That’s the priority area at the moment.

You don’t really know what’s in stall for you each day when you’re a family lawyer. You can expect to be drafting documents and you take an unexpected call from a distressed client and have to re-prioritise.

Often, urgent matters come up when you least expect them, usually it involves proposing last minute arrangements to another party. We have a joke in our office about Family Law Fridays, something always comes up at the end of the week.

Victoria Legal Aid also provides a duty lawyer service at the family court (Federal Circuit Court). As a duty lawyer, you can get a range of different matters to advise on. They can include the following matters:

  • Typical Matters: Someone wanting to spend time with their child, but there might be some dispute involved concerning the risk to the child such if there are allegations of alcohol or drug abuse problems.

  • Urgent Recovery Orders: A child’s been taken out of the care of the primary parent and that parent wants to apply to get the child back into their care.

  • Airport Watchlist Matters: A parent applying for their child to be put on an airport watchlist to prevent them from being taken overseas.

You’re working with different legal matters all the time.

What is the most fulfilling part about your job?

There are many highlights working in family law. One of my favourites is when you get the parties to agree to last minute arrangements. For example, if the father wants to spend Father’s Day with his children. Being able to arrange that, so that the children have that quality time with their parents, is really quite amazing. I think that’s always going to be the best aspect of the job.

You get little tokens here and there when a client is appreciative of the help you’ve given them or for just explaining the legal processes so they can make informed decisions that can really impact on their lives. Since we work with vulnerable and disadvantaged clients, it’s very important to take the time to explain concepts to them. It’s also a wonderful feeling when you get a thank you afterwards or know that a fair outcome has been achieved.

What is the most exciting project that you have worked on?
Victoria has some amazing projects in the community legal sector. I was extremely fortunate to volunteer for Vincent Shin, Australia’s first in-house school lawyer. At the time it was a pilot project, but it has now expanded to several different schools across the state. In this role, I conducted client interviews, drafted legal documents and researched case law on issues affecting the students or their family members. This included at times family violence, family law or employment matters. The role involved writing case studies and drafting community legal education materials. He is an incredible lawyer and it was such valuable work offering young people access to justice at their schools. 

How do you manage your work-life balance? In particular, how do you balance your work at VLA and your commitments with Lawyers for Animals?

Unfortunately, it’s been a bit quiet lately with Lawyers for Animals, because the clinic had to shut down due to the pandemic. However, I think what’s important is just staying on top of your work, so I do my little to-do list each day and I put calendar reminders all over the place to make sure I’m on top of my responsibilities and what I need to be actioning. I also make sure that I don’t overcommit – something that I found hard while studying.

When I obtained the position, I had to disclose to Victoria Legal Aid that I was part of the Lawyers for Animals executive committee, and work with them on a plan on how to make sure that it doesn’t encroach on my responsibilities at work. You have to map out these concepts before you’re actually able to take on a new position. I think that expectation setting is really crucial as well. Just have an idea of what you’re committing to and how many hours it requires.

It’s also about maintaining a work-life balance, so it’s important not to overcommit because you want to make sure that you’re fulfilling your own needs too; not just being consumed in this law environment. You want to be doing other things, like going for a walk or just taking some time to read a book.

In some ways, the coronavirus lockdown has made it easier to find time to go for a walk, especially because many of us don’t have long commutes to our work-from-home-desk. However, prior to lockdown, I would still always make sure that I’d at least leave my desk or court at some point during the day, mostly during my lunch breaks. I’d go for a walk, or just completely disconnect from my phone/emails and read a book. My advice to young lawyers and students is to make sure you’re engaging in something that’s not law because I think it’s easy to be consumed with all these different matters that relate to law. Even in our conversations, we tend to discuss the legal industry in some capacity even when we’re talking to friends, so I think it’s important to give that time to other areas as well.

It’s going to be harder to make sure that you maintain a balance post-lockdown because the courts are likely to have a substantial backlog. But even just taking ten minutes out in a day will be beneficial. There will be times when you don’t get the balance in a day or in a week, but this shouldn’t be constant, no one should have to be working until 9pm or something ridiculous every day.

How do you think the family law space will develop in the future and do you have any tips for students who want to ensure they can keep up with these developments?

Family law is always changing. It’s always adapting to the values of society and there are always reforms going on in this space. I think there will be a greater understanding of how family violence affects children and a parent when going through court. I think the two areas will interact with each other more, especially with the specialist family violence courts being expanded. So, there’ll likely be more attention to trauma-based practices. That is, making sure that victims/survivors have a voice in the system and are being heard, and balancing that with the rights of the child and ensuring that they have a meaningful relationship with both parents. I think there will be more attention given to that space and to the risks of children being exposed to family violence. We’re already seeing that to some extent in the way that Victoria Legal Aid operates and how we prioritise matters that are family violence-related, but I think that’s just going to keep growing.

I also think that the online courts are going to play a greater role post-COVID. The family law courts adapted quickly to COVID-19 and online courts have already been used in the family law space. I think it’ll be utilised even more as we move forward.

Continue to keep yourself updated as well with what’s happening in the space, because like I said, it’s always changing. Subscribe to different newsletters to keep yourself informed about what’s happening.

What’s important is to be courageous and say ‘yes’ to opportunities and put yourself out there.

Do you have any tips for students who are looking to apply for family law positions after graduation? In particular, do you have any extracurricular activities you would recommend?

It’s useful to volunteer at community legal centres even if you want to practice in a private law firm. Since family violence tends to overlap with family law, getting exposure to that area is important. Community legal centres are the best places to learn and think quickly on your feet, plus you develop knowledge in many areas and at the end of the day, family law often intersects with other legal matters. It also gives you a good idea of how to manage clients, because it’s the client management aspect of the job that can be the most challenging.

Victoria Legal Aid has some volunteer opportunities as well. To find out more about them, it’s probably best to just contact the offices directly. The regional offices tend to have some capacity to take on students at a certain time of the year. There is also the New Lawyers Program that which is a graduate role for individuals who’ll be admitted by the time they start the position. You get to do rotations in different areas including family law.

I would recommend engaging with the wider legal profession and societies. The Law Institute of Victoria has plenty of subcommittees, which includes many family law related groups. There’s a couple of others, like Victorian Women Lawyers, and you can also attend events such as those held in Law Week. It’s so important to link yourself in with the community so you have supports, especially as a new lawyer. A side benefit is that you can show an employer that you’re engaging with the wider profession and committed to working in law. Since it’s a stressful profession to be in, it’s also essential to make sure you just have that support in place and to reach out to people and talk.


Suggested Electives/activities:

Electives:

  • Family Law Assistance Program: Professional Practice (LAW4330)

  • Family Property and Financial Disputes (LAW4162)

  • Introduction to Family Law (LAW4177)

  • Parents, Children and the State (LAW4163)

Experience/Activities:

  • Volunteer at a community legal centre

  • Volunteer at Legal Aid

    • Contact Legal Aid offices to enquire about volunteer opportunities

    • Apply for New Lawyers Program (graduate opportunity)

  • Engage with the wider legal profession and societies

    • Law Institute of Victoria Family Law Subcommittee

    • Victorian Women Lawyers

    • Attend events hosted by Law Week or Castan Centre


IN THE NEWS

Hannah Clarke was murdered a year ago. Criminalising coercive control is only one part of the response that's needed to tackle domestic abuse (ABC, 2021)

Victim survivor of domestic abuse writes on coercive control.

“Coercive control is the ‘invisible’ crime that is misunderstood, dismissed and minimised.”

“I spent 18 years with a man who raped me, strangled me, assaulted me while I was pregnant and carrying a toddler on my hip, I was spat on, had objects thrown at me, holes punched in walls, I was kicked out of a car in the middle of nowhere and left to walk, belittled, dragged out of bed by my leg for not agreeing to sex, stripped of blankets and pillows in the middle of the night … the list goes on.

When I threatened to call the police, he said ‘good luck making it to the phone’.”

Link to article

The 'heartbreaking' international child abductions tearing families apart (Sydney morning herald, 2020)

Tim Elliott writes on parental abduction of children from Australia to Japan.

After two years with Yuka, Wass wanted to end the relationship. ‘When I told her it wasn’t going to work, she burst into tears and told me she was pregnant.’ Keen to do the right thing, Wass promised to help.”

“After a year, Wass had seen Sean only a handful of times. Fed up, he pursued further legal action. His lawyer persuaded Yuka to let Wass see Sean, and scheduled a meeting for June 1, 2010. But when June 1 came around, Yuka didn’t show. She couldn’t be found, and wasn’t responding to phone calls. Wass then managed to get hold of her travel documents. They showed that Yuka had left the country with Sean and Kye on May 10, three weeks earlier. ‘I was heartbroken,’ says Wass, wincing at the memory.”

Link to article

Three weeks after arriving in Malta, Alana's husband said if she left him, he wanted to keep the children there (ABC, 2021)

Mario Christodoulou writes on international child custody dispute.

“The two girls — aged four and six — are currently living with their father in Malta.”

“The children's mother Alana, travelled to the country with her husband Matthew in August 2019.*”

“Within three weeks of arriving, her husband Matthew hired a lawyer and gave Alana notice that he would seek to keep the children in Malta if Alana pursued a separation from him.”

Link to article


learn more about family law

Family law and liquidators: How the interplay between family law and insolvent trading claims is starting to emerge (lawyer’s weekly, 2020)

Although it may be premature to assess any trends starting to emerge from the COVID-19 pandemic, two recent Federal Court decisions have determined applications pursuant to section 1337H(2) of the Corporations Act 2001 to transfer proceedings from the Federal Court of Australia to the Family Court of Australia, writes Matthew Beckmans

Link to article

Family law resources (Victoria legal aid)

Victorian Legal Aid helps people with their legal problems. They focus on protecting the rights of Victorians and representing those who need it the most.

Link to website