Family law in NSW, Australia
Laws governing family relationships are referred to as family law. This includes marriage and divorce, child custody, and other related economic issues.
The practice of family law in NSW, Australia, helps adults and children to settle family disputes and create safe, workable care arrangements for children.
Below are some of the fundamental laws of Family Law in NSW, Australia:
Family Law Appeals in NSW, Australia
An appeal is a procedure that allows an individual (usually a party to legal proceedings) to request that a higher authority review the matter.
Appealing is a process in which you ask an appeal court to reverse a decision issued by a Federal Circuit or Family Court judge. The appeal court is not rehearing the original dispute. Therefore you must prove an error made by the original judge (also known as the primary judge or the trial judge).
Family Law Appeals Post Medlow & Medlow
The appellant appealed an interlocutory order and sought leave to appeal. Medlow & Medlow test should be applied when determining whether leave to appeal should be granted. Leave to appeal will generally be given in cases where the nature of the issues raised and their implications for the hearing of a severe criminal trial make it appropriate to grant it.
Family Law Arbitration
A financial dispute is arbitrated by presenting arguments and evidence to an independent arbitrator, who then decides on whether or not the dispute should be resolved.
In cases where the parties disagree about who should be appointed as the arbitrator, with the consent of all parties, the Court may rule that Part VIII proceedings or Part VIIIAB proceedings should be referred to arbitration.
Family Law Injunctions
A court can grant family Law Injunctions under Section 68B of the Family Law Act to protect a child’s welfare. A child may be in the position to receive an injunction for protection, a child’s parent, a parent with a parenting order for the child, or someone with parental responsibility for the child.
Family Law Orders Made Overseas
You might be concerned about how orders for time (similar to custody and access) can be enforced if you and your partner separate and no longer live in the same country.
Fortunately, you may be able to register your child custody and access orders in Australia if you have received them from overseas. Due to Australia’s agreements with some countries, the Court can register orders in those countries and enforce them in Australia.
Publication of Family Law Proceedings: Section 121
Those who publish or broadcast accounts of any family law proceedings (in whole or in part) that identify any parties (relatives or otherwise) and witnesses are violating section 121 of the Family Law Act 1975 (Cth) (Act).
What is an Interim Hearing?
The Court holds an interim hearing when parties cannot come to an agreement regarding their children or property and must issue an order before a final judgment can be rendered. The interim order deals with urgent issues, and it remains in place until a further court order or agreement can be reached.
Family Law is a complex field with different needs for every case. It can be difficult for you and your family, but our experienced lawyers will provide the right advice at a reasonable cost.