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Before initiating a parenting case in family court, what steps should I take?

Understanding Pre-Action Procedures for Parenting Matters.

It’s essential for each party to earnestly try to resolve their dispute and adhere to pre-action procedures, including mediation, before beginning parenting proceedings. Failure to comply can lead to serious repercussions, such as being ordered to pay the other party’s legal costs.

How do I apply for parenting orders?

Seeking parenting orders from the court should be considered only if all other attempts to resolve the issue have not succeeded. If parents can’t agree on child care, either parent can ask the Court for a decision. If they do agree, they can request the Court to turn their agreement into a legal document, called a consent order. Decisions the Court makes in these cases are known as parenting orders. Everyone must follow a parenting order once it’s made.

What are my options for child relocation, travel, including airport watchlist, and international travel?

Child Relocation

Relocating with a child to a different city, state, or country requires careful consideration. If you’re the primary caregiver and need to relocate, it’s important to first discuss it with the other parent. If an agreement can’t be reached, you may seek court orders for the move.

How do I handle property and financial matters with my spouse after separation?

Sorting out property and debt division after separating from a marriage or de facto relationship.

When a couple separates, be it from marriage or a de facto relationship, they often need to determine the division of their property and debts. This may include considerations for financial support, either as spousal or de facto maintenance for an individual, or as child support or maintenance for any children involved. If possible and safe, reaching an agreement with your former spouse or partner is usually the best course of action.

What is the process for the Court to decide on financial disputes in family law cases?

In family law, there’s no set formula for dividing property and finances. If you can’t reach an agreement through dispute resolution, your case may go to a hearing. While no one can predict the exact outcome, an experienced family lawyer can often foresee a range of possible decisions based on your specific circumstances.

Decisions are made after considering all evidence, with the judicial officer determining what is just and equitable (fair according to the law) based on the unique facts of your case.

What constitutes family or domestic violence in Australia?

Although there’s no single definition of domestic and family violence that applies across all Australian states and territories, various laws recognize it in different forms and contexts. Domestic and family violence can manifest in numerous ways and occur in diverse relationships.

Recognized forms of domestic and family violence, whether actual or threatened, include:

1. Physical violence and harm.
2. Sexual and reproductive abuse.
3. Economic and financial abuse.
4. Emotional and psychological abuse.
5. Cultural and spiritual abuse.
6. Stalking, harassment, and monitoring.
7. Social abuse.