Children

Mediation

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.

To issue Court proceedings a Section 60I Certificate will need to be obtained from the mediator. This certificate either states that one party refused to attend or that mediation with both attending was unsuccessful.

There are exceptions to the requirement of a Mediation Certificate in the following circumstances:

  • To issue Court proceedings a Section 60I Certificate will need to be obtained from the mediator. This certificate either states that one party refused to attend or that mediation with both attending was unsuccessful.
  • There are exceptions to the requirement of a Mediation Certificate in the following circumstances:
  • if the case is an urgent one, for example where a child has been retained by the other parent or another family memberwhere the location of the other parent is unknown and an order called a location order is requiredif there are allegations of some form of abuse be at sexual abuse or physical abuse of a child or parent

Mediation is confidential and the information disclosed during mediation is unable to be brought up at court later on. There are a few exceptions to this including if there is a risk of harm to any person or child or to the property of any person involved.

Mediation can take place through one of the Government Funded organisations set up for this purpose (e.g. Relationships Australia or the Family Mediation Centre) or privately where you and your former partner agree to a mediator and share the costs, either with your lawyers or without. If agreement is reached the Mediators will refer you back to the lawyers to document the Agreement to ensure the terms are binding on both parties.

Property

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.

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Parenting Arrangements

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.

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De Facto/Same sex relationships

Upon the breakdown of a de facto or same sex relationship either party can seek to negotiate, mediate or litigate any property issues arising from the breakdown of their relationship.

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Mediation

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.

Find out more...

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.

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Child Relocation

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.

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Child Support

Following separation parties will need to consider the ongoing support of their children.

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Spousal Maintenance

A person has a responsibility to financially assist their spouse (including de facto and same sex partner) if the spouse's personal income or assets cannot meet their own reasonable needs.

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Divorce

An application for divorce can be made by either party to a marriage or by both parties jointly, after the parties have been separated for a period of at least 12 months immediately preceding the filing of the application.

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