There are circumstances when parents cannot agree as to the future care arrangements of the children, despite engaging in negotiation and mediation with the assistance of a family dispute resolution practitioner. In exceptional cases, if there is risk of family violence or abuse both physical and psychological, and in the case of urgency, it is not appropriate to engage in negotiation and/or mediation. An initiating application to the Family Law Courts (typically the Federal Circuit Court of Australia) must be filed.

An application before the Court is essentially asking a Judge to look at the circumstances and facts presented, in order for them to make a decision as to the future care arrangements of the children. An application of this nature usually seeks both Interim and Final Orders. The interim orders are holding orders, that is, arrangements put in place until the application is listed for Trial and the Judge makes final orders and ends the Court proceedings. Despite being involved in the Court process, matters usually resolve by extensive negotiation and only rarely are matters resolved by way of Trial.

We understand that the breakdown of a relationship is an emotional and trying time for everyone involved, especially when children are involved. Their care and welfare are a parent’s paramount consideration. It is important that as a parent we are here to support you.
We will always guide you in the right direction. Contact us to see if we can help.