Author

Alan Weiss

3rd September, 2023

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

This article provides an overview of the powers of the Family Law Court in Australia, highlighting its importance in safeguarding the rights of family members during the challenging times of disputes and separation.

The Family Law Court in Australia holds a significant role in ensuring the legal well-being of families, including children. It was established by the Family Law Act 1975 (Cth) and has the power to deal with various matters relating to family disputes, divorce, parenting orders, child support, and property settlement.

  1. Jurisdiction

The Family Law Court has jurisdiction over family law matters in Australia. Its powers include dealing with issues related to marriage, de facto relationships, children, and property. The Court has the authority to make decisions on a wide range of issues, including:

  • Divorce: The Court has the power to grant a divorce if it is satisfied that the parties have been separated for at least 12 months, and there is no reasonable prospect of reconciliation.
  • Parenting Orders: The Court can make orders about where a child will live, who they will spend time with, and any other aspect of their care and welfare.
  • Property and Financial Matters: The Court has the power to make orders for the division of property and assets between parties after separation or divorce.
  • Child Support: The Court can make orders regarding the financial support for children.
  1. Powers

  • Decision-Making: The Family Law Court has the authority to make legally binding decisions on family law matters, including divorce, property settlement, parenting orders, and child support.
  • Mediation and Conciliation: The Court has the power to order parties to attend mediation or conciliation to try to resolve their disputes without going to a full court hearing.
  • Enforcement: The Court has the power to enforce its orders. If a party does not comply with an order, the Court can impose penalties, including fines or imprisonment.
  • Injunctions: The Court has the power to issue injunctions to protect the parties or children involved in the case.
  1. Approach to Decision Making

The Family Law Court adopts a holistic approach to decision-making, taking into account the best interests of the children involved. The Court considers various factors, including the views of the children, the relationship between the children and each parent, and any history of family violence or substance abuse. The Court aims to make decisions that will provide a stable and supportive environment for the children.

  1. Alternative Dispute Resolution

The Family Law Court encourages parties to resolve their disputes through alternative dispute resolution (ADR) methods such as mediation and conciliation. ADR can often lead to more amicable resolutions and can save time and money for all parties involved. The Court may refer parties to Family Dispute Resolution (FDR) services before proceeding to a court hearing.

Conclusion

The Family Law Court plays a crucial role in the resolution of family disputes in Australia. It has broad powers to make decisions on various matters, including divorce, parenting orders, property settlement, and child support. The Court adopts a holistic approach to decision-making, always considering the best interests of the children involved. While the Court has the power to make legally binding decisions, it also encourages parties to resolve their disputes through alternative methods such as mediation and conciliation. Ultimately, the Family Law Court aims to provide fair and just resolutions to family law matters, promoting the well-being of all parties involved, especially the children.

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Author

Alan Weiss

3rd September, 2023

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.