FAMILY LAW

How can I gain access to my children or locate them if they have been taken by my ex-partner?

If your ex-partner has relocated with your children without your consent, making it difficult to find them at their previous residence or school/daycare, we recommend contacting our office to initiate an application in the Federal Circuit and Family Court of Australia for a Location Order. This order requires Medicare and/or Centrelink to provide the Court with the children’s current address, enabling us to serve the other party with the application for parenting and/or property Orders.

If you have contact details for the other party, it’s advisable to reach out to our office. We can send correspondence to the other party, proposing a plan for spending time with the children. If this approach is unsuccessful, the next step may involve attending mediation before pursuing court action.

How long does the Court process typically take?

The duration of proceedings in the Federal Circuit and Family Court of Australia can vary depending on the nature of your case. It also depends on whether the proceedings involve parenting issues only or both parenting and property settlement matters. Under a new system implemented in September 2021, the Court aims to conclude proceedings within 12 months from the date of filing. The Court also intends to render judgments within three months after the conclusion of a trial. However, the effectiveness of this new timeline may vary in practice.

How long does a mediation session typically last?

Mediation sessions usually span from a half-day (approximately 4 hours) to a full day (around 8 hours). For cases involving either parenting or property issues, a half-day session is often sufficient. However, if your case encompasses both parenting and property matters, a full-day mediation may be necessary. The cost of mediation varies, with fees ranging from approximately $1,100.00 for a half-day session to up to $5,500.00 for a full-day session. The choice of mediator depends on the complexity of your case, with more experienced mediators, such as former Family Court Judges, potentially being recommended in some instances.

What are parenting orders, and are they legally binding?

Parenting orders are legally binding directives issued by the Federal Circuit and Family Court of Australia. These orders specify various aspects of parental responsibility, including where the child lives, the time they spend with each parent, and other matters related to their care and wellbeing. Failure to comply with parenting orders can lead to serious consequences, including changes to the existing orders. Additionally, any breaches of these orders may result in legal action, such as a Contravention Application.

How can I prevent my ex-partner from relocating with my children to another state or country?

If you are concerned that your ex-partner may plan to move interstate or overseas with your children, it’s essential to act promptly. Seek legal advice and consider making an urgent application to the Court, requesting orders that restrict their ability to relocate beyond a specified distance from their current location. Taking action before the other party relocates and becomes settled in a new area is crucial, as it becomes more challenging to reverse the move once they are established, with factors like employment, children’s school attendance, lease agreements, and property purchases complicating the matter.

What should I do if my children are experiencing abuse?

In cases of child abuse, it’s vital to take immediate action to protect the safety and wellbeing of your children. Contact the relevant state welfare authority and/or the Police to report the abuse allegations. Provide detailed information about the abuse incidents and the timeline of events. Your children may be required to provide statements to the welfare authority and/or the Police as part of the investigation process.

What is an Independent Children’s Lawyer (ICL)?

An Independent Children’s Lawyer (ICL) is a legal professional appointed by the Court, often in cases involving significant issues like allegations of abuse, drug use, or violence. ICLs are funded by Legal Aid and act as advocates for the children involved. They have a twofold role: to represent the best interests of the children and to provide the Court with recommendations concerning parenting arrangements. ICLs may meet with the children and play an administrative role in the proceedings, issuing subpoenas and organizing family reports to assist the Court in making informed decisions.

What steps should I take if my ex-partner is not following Court orders?

If your ex-partner is not complying with Court orders, take the following steps:

1. Notify your ex-partner in writing (email or text) that they are not adhering to the Court orders.

2. If the issue remains unresolved, attempt to arrange mediation to obtain a s60I certificate, which may be required before initiating legal proceedings.

3. If mediation fails to resolve the matter, send a further letter to your ex-partner, giving them a 14-day notice of your intention to commence Court proceedings if they do not rectify the situation.

4. If the issue persists, initiate contravention proceedings in Court.

What rights do grandparents have in family matters?

Grandparents have rights recognized under the Family Law Act 1975, which requires the Court to consider the nature of the relationship between the child and other persons, including grandparents or relatives of the child. Depending on the level of involvement and support provided by grandparents in the child’s life, the Court may make orders regarding living arrangements and visitation.

What distinguishes a Barrister from a Solicitor?

Barristers and Solicitors are both legal professionals who handle various aspects of legal matters. The primary distinction lies in their roles:

• Barristers are legal professionals trained in Court advocacy and are typically responsible for representing clients in Court proceedings, presenting arguments, and cross-examining witnesses.

• Solicitors, on the other hand, handle a broader range of legal tasks. They often manage cases before they reach Court, provide legal advice, draft legal documents, negotiate settlements, and engage Barristers for Court appearances.

In essence, Barristers are courtroom advocates, while Solicitors oversee the overall legal process and interact with clients for a wide range of legal matters.

What is a Registrar in the context of family law?

Registrars are officers of the Court who assist Judges in managing family law cases. While they have fewer powers than Judges, Registrars can make findings and orders related to administrative issues. They often handle preliminary matters, such as first mentions or narrowing down issues in a case. Judges, on the other hand, possess broader judicial powers and can make binding judgments on complex legal matters.