Our Experienced Family Lawyers Bring Reason and Resolve to Complicated Circumstances.

Family law is a specialised area of law and deals with sensitive family issues. The court system and rules has been heavily changed in 2021 with the establishment of the Federal Circuit and Family Law Court of Australia. Changes to the rules mean that more preparation must be done at the outset. This will influence the outcome greatly, and needs to be carefully managed.

Decisions from the court can significantly affect a persons’ life having long-term implications on the lives of children as well. Whilst you are not required to have a lawyer represent you, you will benefit greatly from getting family law advice from an experienced solicitor.

There is material available for a self-represented litigants, but it is impossible for this material to cover everything that must be considered. Family law is such an extensive area of law (including any relevant case law) and each case is unique with its own factors and circumstances. Family lawyers are experienced and will explore and employ all the legal options available to you such as Anton Pillar orders and Barro orders.

A family lawyer also offers guidance and support in a stressful time and helps keep a degree of separation between you and your former partner.

This can be beneficial in highly contested matters and cases that deal with difficult circumstances for example family violence. A lawyer will also offer advice surrounding any proposed consent orders and whether the proposal is fair and equitable.

Any orders made by the court which are final can be difficult to change. Self-represent litigants which are opposed to a party that does have legal representation are severally disadvantaged. The approach taken by a lot of family lawyers is quite aggressive and that can obviously be overwhelming for a self-represented litigant, especially when they are already under a significant amount of stress.

We act for clients who often may not have the funds initially but could receive funds from their property settlement. If you would like to discuss your options or consider what payment options may be available to you, please feel free to contact us to discuss, obligation free.

In Australia, the Australian Federal Police can and do enforce certain types of family court orders. Most often they are involved with enforcing parenting orders which may include recovery orders if a child is not returned as per the order. If the orders are breached severely or continually, the court can also be approached for further assistance to vary the orders. It is crucial to have a clear understanding of your court orders to ensure you comply with them. In situations where enforcement is necessary or the personal safety of a person is at risk you should contact Victoria Police for assistance. In these circumstances, you should seek urgent legal advice from a suitably qualified family lawyer

Breaching Federal Circuit and Family Court Orders is a serious matter. Consequences can vary from a warning to financial penalties, or in some extreme cases, imprisonment. The Federal Circuit and Family Court may also vary the existing orders or impose additional terms. This could either be to diminish your position or if you have breached the orders or if needed to the orders to make them easier to comply with.

If you find yourself in a situation where you may breach an order, or if a breach has occurred, it is vital to seek legal advice immediately to address the issue promptly.

A mention in family court is a short appearance before the court to update the status of the case, clarify the issues at hand, and determine if the matter is ready to proceed to the next stage. It is an administrative step that helps manage the court’s hearing schedule and ensures both parties are progressing their case appropriately.

An interim hearing in Federal Circuit and Family Court addresses issues, including urgent ones, before a final decision can be made. The issues considered may include temporary arrangements for children’s living situations or urgent financial support. The decisions made are not final but are intended to provide stability until the full hearing. It’s important to prepare thoroughly for an interim hearing as they can set the tone for future proceedings.

Fighting false allegations in the Federal Circuit and Family Court involves gathering evidence that contradicts the claims made against you. This can be difficult to do, and an astute family lawyer can be helpful in carefully responding to each of the claims made against you and balancing that with other facts.

There may be evidence such as witness statements, documents, or other relevant materials that can contradict false allegations. Responding calmly can help you to provide a more thoughtful response, focusing on facts and credible information. Legal representation is crucial in navigating these complex situations effectively.

To prove that allegations in Federal Circuit and Family Court are false, you need to provide evidence that directly refutes the claims. This could be witnesses, supporting documents or digital records or character references. A judge in the Federal Circuit and Family Court will most likely be very experienced and already been involved in many cases where the parties don’t agree on the facts. The Court will consider all evidence, and your testimony and conduct in court when making a determination. Professional family law advice is critical in building a robust defence against lies and false allegations and is crucial to ensuring the court is presented with the truth or balanced perspective.

A directions hearing is a procedural step in family court where the judge outlines the necessary steps before a final hearing can take place. This hearing is usually at court, or online, and goes over procedural issues such as setting timelines for the exchange of evidence, scheduling mediation, or ordering evaluations. It helps to ensure that the parties understand what’s involved so that the case can proceeds efficiently and fairly.

In the Federal Circuit and Family Court, court costs are typically borne by the parties involved. However, the Court has the discretion to order one party to pay the other party’s costs, especially if one party is seen to have caused unnecessary legal expenses.

Costs can also be shared or waived in certain circumstances. Legal advice can provide a clearer understanding of potential costs and duration of your case.