Marguerite Picard Blog

Hi and welcome to my blog.

This blog is a free resource for you with the aim to educate and express opinions about collaborative family law, divorce, separation and child custody. All articles are informative and are up to date with current practices. Please enjoy reading and take care of yourself. - Marguerite.


If your kids could make the rules of divorce, here’s what they’d say

If you are separating, you and your ex will make the decisions about your children. But if your children were able to make the decisions or the rules, this is what they would like you to know:

Kara Bishop, the curator of, works with children in the 10 to 12 year age group. One of the exercises she does is to ask children to create a set of rules they wish their parents would follow during and after separation. The list is then presented to their parents as a group. The program is not available in Australia, but there is a video on the link, and the tips below summarise the main message for you. And, we have the fridge magnet! For what it’s worth, my thirty plus years of experience says that this wish list would apply to most age groups, even if expressed differently.

The Top Ten wishes that Kara has seen repeatedly over the years are:
1. Don’t say bad things about my other parent;
2. Keep us out of adult stuff;
3. Don’t make me feel bad for loving my other parent;
4. Learn to get along for big events;
5. Don’t make me choose sides;
6. No fighting in front of us;
7. Don’t make me a messenger, or put me in the middle;
8. Don’t share or take out your anger on me;
9. Don’t ask me to spy;
10. Give me one-on-one time with both of you.

It is a useful exercise to think about applying this list to any work or family group you are part of. Put yourself in a situation where two people you love or respect are in conflict, are not talking to each other, but are asking you to listen to each of them criticise the other, and asking you to agree with them or choose between them. Doing this exercise for yourself can make a child’s experience of being caught between two people they love, you and your ex, feel real to you.

One of the key messages from Kara Bishop’s work is that many groups of children over the years have come up with the same rules, so it’s hard to get away from how real and how important this list probably is for your own kids.

You could share this blog with your spouse, as a way of starting the conversation about being on the same page with these rules. You may need extra support to apply the rules to your own situation, to find ways to remember them, and at times to remind your ex without being seen to criticise her/him, and causing more conflict.

Please call my office on 9939 6383 at any time for a fridge magnet reminder of these rules, or a referral to one of the child psychologists in my practice group who do excellent work with separating families.

Divorce without court? Don’t leave it to luck.

Divorce without court. Amicable divorce. Good divorce. Civilised separation. There are many ways you can describe the idea of preserving your health, your wealth and your family after separation. And there are many ways to go about making sure your marriage or relationship doesn’t end in an expensive war of words between lawyers, that could do lasting damage to everyone.… Read more

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Child Support: Rich House, Poor House

Every so often I’m reminded why the child support formula is a really bad idea for some families. This week was one of those weeks, when I encountered two distressing family stories: In both of these families, the father earns very significant amounts of money. Very. In both cases the conflict between the parents is off the scale. And in… Read more

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Bird’s Nest Parenting

Who gets the House after Divorce? The Kids? Yes, sometimes the kids do get the house. For a time anyway. For many separating parents, the idea of the kids having to move or “lose” their house is painful. Over the years, I have known many couples who have tried moving in and out of the family home, instead of their… Read more

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Should I Sack my Family Lawyer?

Since you’ve read past the headline, maybe you’d like to? Have you ever thought? Why are the lawyers making this so complicated? OMG this is costing me a fortune; My lawyer never returns my calls; I’m terrified to ring my lawyer because of the cost; My lawyers letters are full of mumbo jumbo; I’ve got no idea where this is… Read more

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Family Law Arbitration. The Golden Child?

The Chief Justice of the Family Court has just suggested people to go to arbitration as a way of staying out of Court. I am a Family Law Arbitrator, and I vote “Maybe”. What is Arbitration? Arbitration involves a trained person listening to a dispute and making a legally binding decision. It is attractive because it is faster and cheaper than going to Court,… Read more

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