Commencing in January 2018 the Federal Circuit Court is using a system of judicial mediation.
This is not a substitute for family mediation using family law mediators and is designed as a last resort to try to prevent a matter from going to a final hearing (trial).
A Consent Order is used when you and your former partner reach agreement about custody or property settlement matters.
A Consent Order can either be made when there is already a Family Court case or, if you reach agreement without going to court, you can file an application for Consent Orders.
Domestic and Family Violence
An AVO in Queensland is called a Protection Order under the Domestic and Family Violence Protection Act.
An application for a Protection Order or Temporary Protection Order is made to your local Magistrates Court in Queensland.
You can apply for an urgent or temporary Protection Order under the Domestic and Family Violence Protection Act at your local Magistrates Court in Queensland.
The forms are available online or you can obtain them from your local police station or Magistrates Court.
If police are called out to a domestic violence incident they can issue a Personal Protection Notice at the scene.
They can also apply for a Protection Order in the local Magistrates Court in Queensland where the domestic violence victim lives.
If you are the applicant for a Protection Order, you have to attend court for the domestic violence hearing or your application will be dismissed.
If the Queensland Police are bringing the application for you, you do not have to attend, but you there might be reasons that you should go to court on the day of the hearing.
If you are a respondent to an application for a Domestic Violence Protection Order then you need to go to court or the order can be made in your absence.
Domestic violence matters are deal with by the State courts.
Each State has their own domestic violence legislation.
The Family Court can issue an injunction to prevent behaviour but this will not be acted on by the Police.
If your safety is in danger, you should apply for a Protection Order under the domestic violence legislation in your State.
The Family Court of Australia and the Federal Circuit Court of Australia can make orders under the Family Law Act about:
– Where children live (custody)
– When children spend time with each parent (access)
– Specific issues such as schooling, issuing of passports and overseas travel.
We’ve put together some different sources of information for kids about divorce which will help them understand what’s happening.
The Family Court no longer deals with child support.
This is handled by the Department of Human Services (Child Support Agency) under the Child Support (Assessment) Act.
Child support uses care percentages to determine whether children are living in shared care, regular care, primary care, less than regular care or more than primary care.
Shared care is when children are living with a parent for between five and nine nights a fortnight.
10 to 12 nights is primary care, 13 to 14 nights is more than primary care, 2 to 4 nights is regular care and 1 night a fortnight is less than regular care.
Other Family Law Questions and Answers
Prenuptial agreements or binding financial agreements are legal throughout Australia.
There are very specific requirements that have to be met for a prenuptial agreement to be legally binding, including the agreement being certified by a qualified family lawyer.
Divorce, custody, access and parenting, property settlement, spousal maintenance, child support, issuing of passports for children, permission for children to travel overseas, children’s schooling, change of a child’s name, domestic and family violence, binding financial agreements and prenuptial agreements.
However, there are also other acts which govern family law in Australia.
These include the Child Support (Assessment) Act, the Child Support (Registration and Collection) Act, and domestic and family violence legislation in each state.
Family law-related issues in Queensland are handled by the Magistrates Court of Queensland, including domestic violence, family violence and child protection.