Family Law
Fact Sheets
The fact sheets contained in this section of the website are designed to help people involved in family law disputes. Please note that they do not constitute family law advice, but are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process. If you have any questions, or would like to speak to a solicitor about your own situation, contact us by email or phone our office on 1300 4FAMILY.
Property Orders
Property orders are typically very difficult to change or set aside in the absence of an agreement. There are basically only five circumstances in which the Court may be persuaded to change property Orders. These circumstances are: Both parties consent – in this case parties simply enter into fresh Orders A substantial, significant and generally …
Non-Compliance or Breach of Court Orders
Frequently in Family Law matters, a circumstance arises where one party fails to comply with, or abide by, Orders. The Court imposes an onus on each party to comply with Orders, unless there is an agreement to vary or until the Orders are changed by the Court. Hence, any non-compliance or “breach” of Orders is …
Family Dispute Resolution & Family Mediation
Except in certain circumstances, all Court applicants seeking Parenting Orders must undergo three hours of compulsory family mediation, known as Family Dispute Resolution (FDR) before any application to the Court is made. There are two avenues to pursue this: Via the Federally funded Family Relationship Centres (FRC) Via private mediation by an approved facilitator The Family …
Going to Court
Both the Family Court and the Federal Circuit Court are located in the Commonwealth Law Courts Building on the corner of George and O’Connell Streets, Parramatta (directly opposite Parramatta Park). Arriving at Court When you first arrive at Court you will have to pass through an airport style security check. This involves passing any bags …
Child Support
Child support legislation was first introduced in 1989. The effect of the legislation was to change the calculation of child support from Court determined and payee collected, to an amount calculated by a mathematical formula and collected by the Child Support Agency (CSA). From July 2006 the Federal Government implemented changes to the Child Support …
DNA Testing
In some family law matters involving children, there can be a dispute as to the paternity of the child in question. Disputes as to paternity can also arise in the context of child support applications, as the child support agency has very clear guidelines on who is and is not eligible for an assessment of …
Legal Aid
Legal Aid is available for many family law matters, and in some circumstances for child support applications. The Legal Aid Commission has a focus on Dispute Resolution. Therefore, in most cases, a grant will initially be provided for the parties and their legal practitioners to attend a family law conference. In some cases, conferences are …
Our Fees
Our Fees For most couples, separation is a difficult time when financial resources are strained and both parties are unsure about how their income and assets will be divided. With so much uncertainty and confusion around, the last thing you need is to be hit with an unexpected legal bill. At Rafton Family Lawyers we …
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