Frequently Asked Questions

Darren Mort’s FAQ or frequently asked questions page is a resource that educates, informs, and guides users through the website’s content

Darren Mort's FAQ
Frequently Asked Questions

Darren Mort’s FAQ or frequently asked questions page is a resource that educates, informs, and guides users through the website’s content

Welcome to our FAQ page, a treasure trove of information

This page is more than just a list of questions and answers—it’s a reflection of Darren Mort’s commitment to transparency and quality service in the field of family law.

Whether you’re new to our services or have been with us for years, we believe you’ll find valuable insights here. As an expert Family Law Barrister, Family Mediator, Family Dispute Resolution Practitioner, Philanthropist, Actor, Producer, and Novelist, I bring a unique perspective to my practice, and I hope this shines through in the resources provided on this page.

We regularly update our FAQ page to address emerging concerns and to provide the most current information. So, explore our FAQ page and let it guide you to the answers you need.

Your frequently asked questions answered

Common Questions about Family Law

Yes, with over 30 years of specialisation in family law, divorce, and separation, Darren was recognised at the Australian Law Awards in 2022, where he was honoured as Barrister of the Year.

Darren has established himself as an expert Barrister in these fields. His expertise  In addition to his legal career, Darren also excels in the arts as a professional actor, writer and producer.

Legal separation is a method by which a married couple may legally formalise living apart while still retaining their legal marriage.

To start a divorce the process varies by jurisdiction, but it usually involves filing a petition or complaint for divorce with the local court.

A deed of separation is a legally binding document that outlines the terms of a separation, such as the allocation of assets, custody arrangements for children, and spousal support.

Grounds for divorce may be categorized as either no-fault or fault-based. No-fault grounds may include terms such as “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” On the other hand, fault-based grounds may include serious issues like adultery, physical or mental cruelty, desertion, habitual drunkenness, use of addictive drugs, insanity, impotence, or the transmission of a sexually transmitted disease to one’s spouse.

Family disputes can be settled through various methods including negotiation, family mediation, collaborative law, or litigation.

A divorce/dissolution petition is a formal legal document initiated by one spouse to commence the proceedings for a divorce.
In child custody cases, court costs are commonly split between involved parties, although the precise allocation may vary based on individual case factors and regional regulations.

Family Mediation is a way of resolving disputes between people in conflict, usually facilitated by a neutral person

No, a barrister is not “higher” than a lawyer. They are both types of legal professionals, but they have different roles.

A “lawyer” is a general term that refers to anyone who is qualified to give legal advice. This includes both solicitors and barristers.

A “barrister”, on the other hand, is a type of lawyer who specialises in courtroom advocacy and litigation. They are often called upon to represent clients in court, particularly in complex cases.

So, while a barrister has a specific set of skills and responsibilities, they are not “higher” or “lower” than a lawyer. They are simply different types of legal professionals.

Family mediation in Australia can cost anywhere from $200 to $2,500 per party, depending on the complexity of the case and mediator’s fees. Accredited mediators generally charge $400 to $600 per hour, while experienced mediators charge $1,100 to $2,400 per party for family mediation. Actual costs may vary.

Mediation is not legally binding, however, parties may choose to have their agreement made into a Consent Order and approved by the court to make it legally enforceable.

Under Australia’s Family Law Act 1975, separated families must first undertake family dispute mediation before approaching the court for orders about parenting

Mediation cannot be appealed as it is a negotiation process where the involved parties reach an agreement. However, if a legally binding agreement is made into a Consent Order by the court, that order can potentially be appealed.

Family mediation is a suitable option when a family disagreement cannot be resolved on its own. This may include disputes regarding divorce, child custody, property division, or other family matters.

If safety or power imbalances are a concern, mediation can still be conducted separately through the method of ‘shuttle mediation’. In this process, the mediator moves between separate rooms to effectively facilitate communication.

If the other party does not wish to attend mediation, it is not possible to compel him or her to attend

Tommy the movie narrates the intense tale of a young boy who finds himself in the crossfire of a bitter custody dispute.

Tommy seeks refuge from his distress by retreating into a fantastical world within a submarine, but as his parents’ conflict escalates to a climax, reality and fantasy disastrously intersect.

Tommy the Movie, available on iTunes, portrays Tommy’s anxiety over a custody battle. Darren, also the Founding Director of the not-for-profit To Be Loved Network, uses his professional and creative work to champion children’s rights and combat domestic violence.

His book “Tommy and Tiger Terry” and Tommy the movie serve as tools for change, shedding light on the often-overlooked victims of family separation – the children.

Tommy the movie produced by Darren Mort, tells the emotionally-charged story of a young boy  caught in the middle of a bitter custody battle.

Tommy escapes his trauma by entering a dream-like world set inside a submarine, but as the feud between his parents reaches a climax, both Tommy’s worlds collide.

“Tommy” was directed by Scott Dale and Darren Mort served as the executive producer. Darren is a Family Law Barrister based in Melbourne, Victoria, with over 30 years of experience. He is an Accredited Arbitrator and Mediator who practices in the areas of Intervention Orders, DeFacto Property, Domestic Violence, and Same Sex De Facto relationships.

“Tommy” has been recognised in various film festivals, including Flickerfest 2020, ARFF Paris International Awards 2020, Washington DC International Film Festival 2020, LA Shorts Awards 2020, and St Kilda Film Festival 2020. It has won several awards, including Best Short Film at LA Shorts 2020 and Long Story Shorts 2020.

The film is part of Darren’s broader efforts to give children a voice while navigating parental separation. Through his work with the To Be Loved Network, Darren advances resources and support for children affected by parental separation, advocating for a system that prioritises their emotional and psychological well-being.

“Tommy”is available for viewing on iTunes.  The cast of Tommy include Ari Newman as Tommy, Simone Ball as Ally, Tommy’s mother, Stephen Degenaro as Sam, Tommy’s father, Darren Mort as Tiger Terry, Tommy’s imaginary friend, and Janet Watson Kruse as Tommy’s therapist.

Darren Mort has produced several other films, including:

  1. “Finding Dan” (2021)
  2. “Degree of Separation” (2016)
  3. “The Pharmacist” (2015)

Darren is currently in pre-production with his next movie, Millie. Millie the movie explores themes of family dynamics, the impact of parental conflict on children, and the power of imagination as a means of escape and expression. It’s a poignant story that highlights the complexities of relationships and the resilience of a young girl navigating through it all.

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