family disputes are best settled outside the court
It is economical, relaxed and easy compared to a full blown trial. Out of Court Settlements can be conducted in several ways. It can either be through a private arrangement between the parties concerned or through a Family Dispute Resolution.
In case all alternative methods are proven to be futile and unacceptable by both parties, they may lodge their issue and elevate the case before the Courts of Law. The Family Court and the Federal Courts may conduct the hearing of their case and will decide accordingly taking into consideration all the evidences presented and witnesses of both parties. If a child is involved, the resolution of the Court must always take into consideration the Best Interest of the Child.
In a Family Court Procedure, the court process sets out several rules that will guide the proceeding of the case. Family Law Courts will provide the necessary information to each step of the proceedings.
In cases involving the welfare and custody of the child, the Court will have the Registrar list the case into the Child Responsive Program. It will then mandate the parties concerned to conduct a series of meetings with a family consultant.
All the necessary arrangement will be taken into consideration at this stage including Child Support, Parenting Plan, and any other arrangement for the welfare of the Child. Cases involving Properties is different but it will still take all the necessary actions to achieve an agreement between the parties. The goal at this stage is have the parties reach an Amicable Settlement.
If both child and properties are involved, the same procedure will be followed. The Family Consultant will take both parties to meetings with the child or refer the same to a family dispute resolution. For Financial and Property Matters, a Conciliation Conference can be held to reach a settlement. The approach however is to separate the two issues.
Trial Proper will be conducted in case the parties failed to reach an amicable settlement in all instances. Both parties must consult with their respective counsel in order for them to fully defend and assert their claims. At this stage, both parties should include all their evidences and documents that is necessary to prove their contentions.
Always take note that any agreement and amicable settlement can be filed with the Court even during the Court Hearing of the Case. The Court will issue a resolution recognizing and formalizing the agreement of both parties and resolve the case in accordance thereto.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.