Family Law FAQ’s

Alternative Dispute Resolution (ADR) is a legal process in which the parties to a dispute attempt to resolve their dispute outside of a formal court hearing, often with the assistance of an independent third party. Each year, many people use alternatives to Court to resolve various kinds of disputes. Particularly, ADR can be helpful in resolving family law parenting and property disputes, as well as disputes with the Department of Communities and Justice. For more information view our information sheet. 

1 in 4 women in Australia have experienced family violence by a partner since the age of 15. According to the Australian Bureau of Statistics (‘ABS’) 2016 Personal Safety Survey 2.2 million people experienced physical and sexual violence by a partner. As our understanding of family violence develops, so does the legal definition of family violence. It is important to note that family violence is not limited to physical abuse or assault. Family violence can include coercive and controlling behaviour and verbal abuse.  In defining family violence we look to section 4AB of the Family Law Act 1975 (Cth). For more information view our information sheet on family violence.

The Department of Communities and Justice (“DCJ”) is the part of the NSW government responsible for protecting children from harm and assisting vulnerable families whose children may be at risk of harm. Contrary to what people often understand, a key role of DCJ is to help support struggling families, to ensure children can remain at home with their parents, so long as it is safe for them to do so. For more information on what to do when DCJ becomes involved with your family view our information sheet. 

Every family is different, so every family law matter is different, but many matters never need to proceed to Court. Parties can engage in alternative dispute resolution processes, such as negotiation, mediation or arbitration to resolve their dispute. It is important that you receive legal advice that is specific to you and your family’s circumstances. If you are involved in a Court matter or think you may need some advice regarding your children or property matters, you can make an appointment to speak with our Senior Family Law Associate here. You can view our information sheet on parenting matters here and on property matters here.

Commencing proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) can be a difficult decision to make for any parent, however in certain circumstances it may be unavoidable. Such circumstances are if other dispute resolution processes haven’t resolved the dispute, if your matter has genuine urgency, if you have experienced family violence or if your children are at risk. If you are thinking about commencing family law proceedings you should speak with a lawyer to obtain advice that is specific to you and your family’s needs. You can make an appointment to speak with our Senior Family Law Associate here. You can view our information sheet on parenting matters here and on property matters here.

Mediation is a great opportunity for parties to a dispute to resolve issues and discuss their concerns outside of a court setting. Mediation involves two parties speaking with an independent third party, the mediator, about their concerns and coming to a resolution about the subject of their dispute. Mediation works really well for many people, however it is not suitable for everyone. If your matter has genuine urgency, you have experienced family violence you’re your children are at risk, mediation may not be appropriate for you. You can view our information sheet on mediation here.

To be divorced you need to be separated from your husband or wife for a minimum period of 12 months in order to commence proceedings and file an application for Divorce with the Court. Applications for divorce can be made by both parties of a marriage jointly or by one party solely. You can make an appointment to speak with our Senior Family Law Associate here.

Consent Orders are Orders made by the Court when parties have reached an agreement to resolve a matter. Consent Orders can be made in parenting and property matters. Despite being made by consent, Consent Orders are made by the Court and so they must be followed by all parties. All parties to the Orders must comply with the Orders and take all reasonable steps to ensure that the Orders are put into effect. To view our information sheets on property matters click here and parenting matters click here. You can make an appointment to speak with our Senior Family Law Associate here.

If there are Court Orders or a Parenting Plan in place, your child should spend time with their other parent in accordance with Court Orders or Parenting Plan. An exemption of course would be if the child or members of the child’s household are subject to isolation due to covid-19 exposure or awaiting the result of a covid-19 test, or if Government policies, such as border closures or travel restrictions, prevent time from occurring.