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Family court is a place where a judge makes legal decisions for families and children.
What family court is
At family court, a judge will make legal decisions for your family.
For example, they will make legal decisions for:
- you
- your partner, like your boyfriend or girlfriend
- your children.
They will think about what your children need first.
You might choose to go to family court if:
- you break up with your partner
- you and your partner cannot agree on who your children will live with.
All children in Australia have the to be safe and happy.
Rights are rules about how people must treat you:
- fairly
- equally.
They also have the right to have a safe with their parents.
Your relationship with someone is how you are connected to them.
Family court has the same laws in most states and territories across Australia.
Western Australia has its own laws for family court.
All family courts in Australia follow a law called the Family Law Act 1975.
Western Australia family courts also follow a law called the Western Australia Family Court Act 1997.
You can find out more about this law on the Australian Government website.
Going through family court can be stressful.
But there is help and support available.
Your options before going to family court
There are other options you can choose instead of going to family court.
If your relationship with your partner ends, you can both sign an agreement about how you will take care of your child.
This agreement is called a parenting agreement.
The family court will then:
- check your signed parenting agreement
- agree to it.
You can find out more about how to make this agreement on the Federal Circuit and Family Court of Australia website.
You do not have to make a parenting agreement on your own.
You can call the Family Relationship Advice Line for help and support.
1800 050 321
You can find out more about the Family Relationship Advice Line on the Family Relationships website.
You can also get support through a legal service in your local area.
You can visit the Community Legal Centres website for more information.
Getting ready for family court
You might need go to family court if:
- you cannot agree with your ex‑partner on who your children will live with
- you want a divorce
- you want to sell a house that you and your ex‑partner own together.
You will need a family if you go to family court.
A lawyer is someone who knows and understands the law.
A family lawyer will explain what happens in family court to you.
They can also help you get the support you need to take part in family court.
For example, you might need:
-
a
A translator is someone who can help you understand information in your language.
- technology to help you communicate.
Family court must be fair to everyone.
This includes if you have a disability.
You can get legal help if you do not earn a lot of money.
For example, if your money comes from a disability support payment.
You can visit the Federal Circuit and Family Court of Australia website for more information.
You should tell your family lawyer if you experienced in your relationship with your ex‑partner.
Domestic and family violence is when someone close to you hurts you, such as:
- your partner, like your boyfriend or girlfriend
- a member of your family
- someone who takes care of you
- someone you live with.
The judge will think about how you and your child can be safe when they make their decision.
The family court will also make sure you are safe when you are in court.
How people with disability can experience family court
The family court might want to know how your disability affects your ability to raise your children.
For example, if your disability makes it hard for you to do important tasks for your children.
It is a good idea to think about how you will:
- manage important tasks for your children on your own
- answer questions about your abilities before you go to family court.
Some parents can experience in the family court because of their disability.
Discrimination is when people or services treat you unfairly because of a part of who you are.
For example, the judge might think your child is at risk just because you have a disability.
You should talk to your lawyer if you are worried that this might happen to you.
How the judge will decide what happens to your children
The judge will think about 3 things when they decide what happens to your children.
1. What you need to do for your children
2. How much time you spend with your children
3. How much of your money you spend on your children
1. What you need to do for your children
The judge will think about what you and your ex‑partner need to do to care for your children.
The law says that in most cases you and your ex‑partner must both care for your children.
Even if you break up.
This means you both need to:
- support your children
- make important decisions for them.
The judge might decide:
- which task each parent does for their children, like who will take them to school
- which parent the children will live with.
The judge might decide that you or your ex‑partner cannot:
- keep your children safe
- care for them properly.
They might decide that your children needs to live with a
A guardian is a person who makes decisions for a child.
A guardian might be:
- a family member
- a friend.
2. How much time you spend with your children
The judge will think about how much time you should spend with your children.
They will look at:
- the ages of your children
- how close you live to your ex‑partner.
There is no rule in family court that children must spend the same amount of time with each parent.
3. How much of your money you spend on your children
The judge will also think about how much money you and your ex‑partner should each spend on your children.
For example, you might need to spend more money on your children if you earn more than your ex‑partner.
You and your ex‑partner will both need to support your children with your money.
This will happen even if your children only live with one parent.
You and your ex‑partner can agree to an plan about money for your children.
When something is informal, the rules about it are not very strict.
Or the judge can order one parent to pay through Services Australia.
Child support is when a judge orders one parent to pay money to the other parent who cares for their children.
Support for you
Each state and territory in Australia has a legal support service for people who have experienced domestic and family violence.
These legal support services are called Family Advocacy Support Services (FASS).
FASS can give you:
- free legal advice
- support if you need to go to court.
You can visit the Family Advocacy Support Services website for more information.
You can also call FASS at any time.
For example, if you need to leave a relationship but want legal advice first.
1800 737 732
There are other support services you can use.
For example, you can get
Counselling is when you work with someone to explore how you think and feel.
This can help you:
- reach goals
- feel safe
- learn skills
- understand what happened to you.
You can find out more on our page about support for you.
