Family Law FAQ

Family Law Answers from our Brisbane Family Lawyers

Family Law Answers FAQ

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.

If you would like to jump ahead get our free personalised family law information pack.

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

The process of getting a getting a Divorce is easier than you think.
Follow our guide to getting a Divorce.

It’s actually easier than you think.  Follow our step by step guide:

Changing your name after divorce

Your options for staying out of the Family Court include Family Mediation and Collaborative Law

Family Mediation and Family Dispute Resolution are the same.

Family Dispute Resolution is a name used for family mediation about custody and access issues.

Collaborative Law, Collaborative Practice and Collaborative Divorce all refer to the same process, where you commit to divorce without court.

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).

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.

Family Law Property Settlement under the Family Law Act is based on a 4 step process.  We explain that in detail in our Family Law property settlement FAQ

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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.

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.

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.

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.

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.

Working out parenting arrangements can be tricky but here’s a great place to get started with our family law answers:

Parenting, custody and access

How to obtain a child passport in Australia

Family Mediation and Family Dispute Resolution are the same.

Family Dispute Resolution is a name used for family mediation about custody and access issues.

Our guide to Child Passports in Australia has all the information you need to obtain a child passport if you are separated 

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.

Child Support in Australia is based on a formula.  We explain it in our Child Support FAQ

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.

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.

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Other Family Law Questions and Answers

You don’t have to go through divorce alone.

Strategies for coping with Separation and Divorce

No. You are legally entitled to revert to your maiden name (birth name) at any time.


We’ve written a guide to

Changing your name after separation

Going to the Family Court can be a pretty stressful experience.  Find out what actually happens on different Family Court dates, so you can be prepared

If you have to write an affidavit for the Family Court it’s important to know what is evidence in family law matters

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.

Family law in Australia deals with the following issues:
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.
Family law in Australia falls mainly under the Family Law Act.
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.
The most common family law issues seen by our Brisbane family lawyers are custody, divorce, parenting, property settlement, child support and domestic violence and family violence.
In Australia, most family law is dealt with by the Family Court of Australia or the Federal Circuit Court of Australia, but there is currently a proposal by the Australian government to amalgamate the Family Court and Federal Circuit Court.
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.