Family Law is an area which is constantly changing. The most recent change took effect from 1 July 2007 and these mainly relate to children. The guiding principals are:

• Children have a right to know both their parents and be protected from harm.
• The concept of equal shared parental responsibility applies provided children are not put at risk.
• Disputes are resolved outside court if possible.

Co-operation is seen to be the key to achieving these outcomes and if this is not possible, then then matter may be taken to court. From mid 2007 parties have been expected to make a genuine effort to resolve disputes co-operatively by attending family disputes resolution sessions before taking any matter to court provided there is no risk of family violence or child abuse.

While mediation does often resolve matters earlier the system is now more process and compliance driven, frequently making it far more complex for anybody engaged by the system. For example, the court cannot hear an application for a parenting order unless a certificate from an accredited family disputes resolution practitioner accompanies an application for an order. This will apply to all cases from mid 2008.

As this is an extremely complex area of law, with long term ramifications for you and your children you will need to retain a lawyer who can advise you of your rights and make sure you meet your responsibilities.


Back to Family Law