Family Law

Family Law in Australia

Our experienced attorneys are willing to tackle the most complex of cases on your behalf

Couple-Having-An-Argument-In-Front-Of-Judge

Family law in Australia is those laws that revolve around family relationships, family interaction, and children. It covers diverse areas including:

  • marriage
  • divorce
  • de facto relationships
  • same-sex relationships
  • property settlement
  • spousal maintenance
  • de facto maintenance
  • child responsibility
  • child spend time arrangements
  • child protection
  • child neglect
  • child abuse
  • child support
  • family violence
  • intervention orders

Just as family relationships can be complex, so can family law. But Australia needs these laws to help resolve issues in family relationships, family conflict, and issues around children.

In Australia, different levels of government have different responsibilities for making laws and rules that can affect families.

Federal Government Family Law Responsibilities

The Federal Government in Australia has responsibility for laws about:

  • marriage
  • divorce
  • matrimonial property settlement
  • de facto property settlement (except WA)
  • spousal maintenance, de facto maintenance (except WA)
  • child support
  • child parental responsibility
  • child spend time arrangements
  • child passports
  • preventing children from leaving Australia
  • deciding where children live
  • grand-parents rights
  • court-ordered child name changes
  • child recovery
  • international child disputes
  • protecting children from family violence and child abuse

State & Territory Governments Family Law & Child Protection Responsibilities

The State and Territory Governments in Australia have responsibility for laws about:

  • the government intervening to protect children from harm, neglect, and child abuse (including deciding on parental responsibility, where and whom children live with)
  • care orders where children need long-term protection
  • intervention orders and domestic violence orders
  • adoption, foster care, guardianship
  • most criminal laws that affect children and adults

Overlap of Family Law & Child Protection Responsibilities

Depending on the circumstances, both levels of government often have laws and powers that overlap.  Both levels of government cooperate to resolve jurisdictional issues. Usually, if there are immediate concerns about child safety, State or Territory child protection authorities step in under State or Territory laws. These matters go to the Childrens Court.  Whereas family separation, child responsibility, and spend time arrangements are under Federal Laws and go to the Federal Circuit Court or Family Court.

My Legal Crunch understands the legal and jurisdictional complexity of the laws around families in Australia.  We understand how to best resolve your family law issues based on your needs and circumstances.  That’s why we take an understanding approach to customise our legal advice and services to your specific needs. We are here to help you realise your goals and to promptly resolve your family law matter or child protection matter.

We take the pressure off of you by providing sound guidance, taking the time to explain your options, and helping you to make the right decision for your circumstances to get the best outcome.

Contact Us for a Free Case Evaluation

If you feel that you are a victim, it’s important to take steps to protect your reputation. To schedule a free case evaluation, complete the form or contact us via chat or phone at 1800 572 417.