Recently separated? Served with court documents? Looking for family law answers?
We understand that there is a lot of information around about family law, and it's hard to know where to start to get the family law answers you need.
We've set out in our family law FAQ some answers to common questions our Brisbane family lawyers
are asked.
Otherwise click on the headings for detailed family law questions and answers on each of the areas of family law,
or choose from the most popular questions which are listed below
How do I change my name after divorce or separation?
How can we divorce without going to court?
What's the difference between Family Mediation and Family Dispute Resolution?
What is Collaborative Law?
What is Judicial Mediation?
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).
What is a consent order in the Family Court?
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.
How is a family law property settlement worked out?
Domestic and Family Violence
How do I get an AVO in Queensland?
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.
How do I get an urgent Domestic Violence Order?
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.
Can Queensland Police apply for a Domestic Violence Order?
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.
Do I have to go to court for my domestic violence hearing?
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.
Can I get a Domestic Violence order in the Family Court?
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.
How can I sort out custody orders or a parenting plan?
Parenting, custody and access
How to obtain a child passport in Australia
What's the difference between Family Mediation and Family Dispute Resolution?
How do I get a passport for my child?
What orders can the Family Court make about children?
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.
How do we talk to our children about our divorce?
We’ve put together some different sources of information for kids about divorce which will help them understand what’s happening.
How can I co-parent with a difficult ex?
This is not always easy, but we have put together some resources about how to keep kids out of your family law issues, and how to communicate with a toxic or difficult ex
How does child support work?
Does the Family Court deal with child support?
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.
What is shared care for child support?
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
Coping with Separation and Divorce
Do I have to be divorced to change my name?
What happens on my Family Court date?
How do I write an Affidavit for the Family Court?
Are Prenuptial agreements legal in Australia?
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.
What type of issues does family law address?
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.
What does family law fall under?
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.
What are the most common family law issues?
What courts deal with family law issues?
Family law-related issues in Queensland are handled by the Magistrates Court of Queensland, including domestic violence, family violence and child protection.
Family law information on this page is general in nature only and is not a substitute for family law advice.
Contact our Brisbane Family Lawyers for legal advice about your family law situation.