Family Dispute Resolution (FDR) or mediation is now required in all parenting matters before Court proceedings can be initiated. This means you must have at least tried or been invited to participate in mediation.
- if the case is an urgent one, for example where a child has been retained by the other parent or another family member
- where the location of the other parent is unknown and an order called a location order is required
- if there are allegations of some form of abuse be at sexual abuse or physical abuse of a child or parent
In these days of greater mobility, where international and interstate relationships are more common, issues often arise surrounding the relocation of children following the breakdown of a relationship.
Enforcement of Orders
Unfortunately, even where agreements have been reached or Family Court orders made, it can be necessary to take steps to enforce an agreement where one party does not comply with the terms of the agreement or the terms of an order.
Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital.
After the breakdown of a relationship involving children (whether a marriage, de facto or same sex relationship) it will be necessary to consider the appropriate arrangements for the ongoing care of the children.