The Federal Circuit and Family Court of Australia has jurisdiction to hear and determine family law matters in Queensland, New South Wales, The Australian Capital Territory, Victoria, Tasmania, South Australia and the Northern Territory.
The Family Court of Western Australia has the jurisdiction to hear and determine family law matters in Western Australia.
Going to Court is generally only recommended in the following circumstances:
There is a time limit about to expire: Time limits apply to financial matters and if matters are not resolved, court proceedings may be necessary to preserve your rights.
There are safety concerns for a child or a party: More often than not, if one party alleges family violence or risk of harm, the other parent denies the allegations. One parent will be seeking orders to protect the children and the other parent will seek orders that no protective orders are required.
There is urgency: such as an immediate risk one party will dispose of significant assets, or a parent is about to leave the country with the children without consent of the other party.
The other party refuses to participate in negotiations: Sometimes the other party refuses to respond to any attempts to discuss or reach a resolution.
Court proceedings can take 12 months or more, if matters can’t be resolved without a Judge making a final determination.
Our lawyers have decades of experience representing parties in Family Court proceedings. We explain each stage of the process, so you have clear expectations of what may, or may not happen, at each Court event. Our team actively take steps to negotiate an agreement at all stages of the Court dispute to try and minimise the financial and emotional cost to you and your family.
If you need to take your matter to Court or have been served with Court papers, contact us today.