Attending Court for family law matters
What to expect if you need to appear in the Federal Circuit and Family Court of Australia
Attending Court can be an overwhelming step for many people involved in family law matters. It’s often a last resort if the parties have been unable to resolve their issues through other avenues such as mediation and negotiation.
However, sometimes going to Court is a necessity to protect children or property interests.
Having some understanding of Court processes and procedures can help you feel more comfortable and confident about attending Court and making informed decisions. Throughout Australia, the Court that hears family law matters is known as the Federal Circuit and Family Court of Australia (the Court).
Get in touch to find out more about our family law Court services.
Frequently asked questions about attending Court for family law matters
Is there a way to avoid my matter going to Court?
Going to Court can be financially draining and emotionally damaging for families, which is why we recommend it only as a last resort.
If you and your former partner can agree on all issues arising from the breakdown of your relationship, it may be possible to avoid court proceedings.
We can help you make an informed decision about whether an out-of-Court settlement is possible. We can also give you practical guidance on dispute resolution methods that may suit your circumstances (for example, negotiation or mediation).
Contact us to learn more about the dispute resolution pathways available to you.
Can I take my matter to Court without participating in dispute resolution?
Australian family laws require you to make a genuine effort to resolve your dispute. It means that you and your former partner must participate in mediation (with or without your lawyers) before you’re allowed to start Court proceedings.
However, there are circumstances when you may be able to avoid the requirement to mediate, for example, if:
- There are allegations or a risk of child abuse or family violence
- It’s an urgent application
- It would be unfair to require you to comply
- It’s an application for divorce only
- It’s a child support application or appeal
- It involves bankruptcy.
Regardless of whether you are required to mediate, the Court requires you to follow its procedures before commencing your Court proceedings.
Contact us for legal advice about attending Court.
What happens when Court proceedings are started?
If you or your former partner decides to take your matter to Court, it will start with a legal document, known as an Initiating Application, being filed in the Court.
Then the Court will work out how to prioritise your matter, for example, if it involves high-risk family law issues, Aboriginal or Torres Strait Islander litigants, or vulnerable children.
It will list (or schedule) the matter for a First Court Event. Usually, this will be between one and two months after the proceedings were started (or sooner if an urgent hearing is needed).
After the First Court Event, what happens will depend on a range of things, including:
- The type and complexity of the matters before the Court
- Whether interim (temporary) orders are required
- Whether any efforts to resolve the dispute were successful.
We have significant experience guiding our clients through Court proceedings, including advising on rights, obligations, and risks.
Contact us to find out more about our family law services.
How long will my case take?
The answer to this question depends on many things. Taking a matter to Court is usually a long process, which is one reason why we try to resolve matters without going to Court.
There are several things that may influence the length of your Court case, including:
- The number of issues in dispute
- The complexity of the matter
- Whether interim (temporary) or urgent orders are required
- The type of dispute resolution process the Court asks you to undertake (if any).
Contact us for legal advice about attending Court.
What happens if we reach an agreement before the trial starts?
If you and your former partner can reach an agreement, you can formalise it through either consent orders or a binding financial agreement to avoid the matter going to Court.
However, you must seek advice from a family lawyer before discontinuing proceedings. This will help to preserve your position and protect you from any risks.
Need help with formalising an agreement? Contact us to find out more about our family law services.
How we can help
Before attending Court, we will give you advice and guidance to help achieve the best possible outcome. Our family lawyers have outstanding experience in all areas of family law. They offer strategic and affordable representation to minimise stress and delays.
Get in touch to learn more about our family law services for attending Court.