WHO CAN USE THE FAMILY COURT?

Couples* wishing to divorce, obtain a property settlement, spousal maintenance or an order for protection.
Anyone wishing to obtain a parenting order or "maintenance" of their children (see: "Child Support", in Chapter 5*2 Parental Responsibility, Maintenance and Child Support), or orders in relation to the protection of their children.
An unmarried mother wishing to obtain child-bearing expenses from the father of her child.
Any other person with an "interest" in the welfare of a child (e.g. grandparents).
A child.

Note: The Federal Magistrates Court now deals with some matters previously handled by the Family Court (see: "Jurisdiction" in Chapter 5*2 Parental Responsibility, Maintenance and Child Support).

The spirit of the FLA and its Rules, Regulations and hierarchical administration inside the Family Courts of Australia is to endeavour to conciliate and negotiate disputes in their early stages.

Counselling for parties in disputes over children is nearly always ordered as a first step. Similarly, conciliation conferences with a Registrar of the Family Court are a mandatory step in pursuing a property application. However, where parties cannot resolve their dispute it will progress through the lists of the Family Court to a final contested hearing in front of a Judge of the Family Court.

Note: Throughout the chapter, the term "party" is used to refer either to a husband or wife applying to the Family Court (party to a marriage) or to a person who is involved in proceedings in the Family Court as either an applicant or a respondent (party to the proceedings). Once separated, and especially once divorced, people usually resent being called "the husband" or "the wife" and so the neutral, although rather formal-sounding, term "party" is used.

The following sections deal with various situations covered by the FLA.

* Until recently only married couples (or couples who were married and now divorced) could use the Family Court or Federal Magistrates Court to sort out arguments over their property or maintenance for themselves. Property disputes between people who were, or who had been, living in a de facto relationship were required to be commenced in the state courts, since without a marriage the Family Court did not have jurisdiction to hear their disputes. Property disputes between unmarried couples may now be heard under the FLA if the couple separated after 1 March 2009. These relationships are defined as "de facto" relationships and include same-sex relationships. The new laws enable de facto couples (regardless of sex) to access the Family Court of Australia and the Federal Magistrates Court for property and spousal maintenance. Separated de facto couples can now apply for orders regarding the distribution of property or financial resources such as superannuation, partner maintenance and disputes about binding financial agreements. For further information see: Chapter 5.3 Same-sex and De Facto Families.