Family Court Lawyers

Understanding Family Court Matters in Australia

Unlike intervention orders and criminal cases, family law matters are handled by the Federal Circuit and Family Court of Australia. This Court has jurisdiction over all marriage and family-related matters, except for intervention orders. It hears cases related to divorce, property and financial disputes following a marriage breakdown, parenting orders, enforcement of orders, and matters concerning child access and parentage. 

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Legal Standards in Family Court

Family Court operates within the civil jurisdiction, meaning the standard of proof is based on the balance of probabilities. The party initiating the action carries the burden of proving their case. Additionally, all parties have a duty of disclosure, which is particularly significant in financial matters and cases involving child safety concerns.

The Best Interests of the Child

The Family Law Act 1975 prioritises the best interests of the child in all cases. The Court gives primary consideration to protecting children from harm while also recognising the importance of maintaining relationships with both parents and extended family members. The expectation is that parents will share responsibility for their children’s well-being, safety, and development.

Resolving Child Access Arrangements

The Court encourages early resolution and agreement regarding child access and parenting arrangements. These arrangements often evolve based on factors such as the child’s age, parental locations, practicalities of shared time, special needs, and schooling requirements. Typically, younger children spend more time with the primary caregiver, with arrangements adjusting as the child grows.

There are three primary ways to navigate child access arrangements post-separation:

  1. Informal Parenting Agreement: This is a voluntary agreement between parents without Court intervention. It offers flexibility and is commonly used in amicable separations.
  2. Parenting Plan: A formalised written agreement that helps structure parenting arrangements, including exceptions to intervention orders. While not legally enforceable, a parenting plan provides greater certainty and can be converted into legally binding Court orders if needed.
  3. Parenting Order: If an agreement cannot be reached, a parent can apply to the Court for a parenting order. Before doing so, the Family Law Act 1975 requires parties to attempt alternative dispute resolution, typically through Family Dispute Resolution (FDR) mediation with an independent practitioner. If mediation fails, an FDR Practitioner must issue a certificate confirming that resolution was not achieved, allowing the matter to proceed to Court. Some exceptions apply to this requirement.

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    Every case is unique and depends on its specific circumstances. If you need legal assistance with family law matters, our experienced family court lawyers are here to help. Contact our office for a confidential consultation to discuss your situation and explore the best path forward for you and your family.

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