Court Intervention
Our family lawyers are experienced in appearing in the Federal Circuit and Family Court of Australia. This provides you the benefit of your family lawyer preparing your case and presenting it to the Court. There are some circumstances where our family lawyers may recommend that a barrister is engaged for certain Court events, in those circumstances, your family lawyer will appear alongside that barrister to the Court event.
When an application for children’s arrangements is made to the Court, you are asking a Judge, a third party, to make a decision about ‘your’ children. Parents have the relationship with ‘their’ children, a Judge does not. A Judge will make a decision based on the evidence in the form of Affidavits before them, and often rely on independent evidence from an expert such as Child Consultants and Family Report Writers.
Before you can file an application with the Court in relation to children’s arrangements, there are a number of pre-action procedures and steps that you must take to enable you to file an application. Our family lawyers can assist you with that process and navigating the Court system.
Litigation is expensive and lengthy. It can take anywhere up to 2 or 3 years from the time the court proceedings are commenced until the end of the matter when the Judge has made their decision.