Terminologies to know in Family Law Parenting
A parent who had just divorced came to our family lawyers for advice on how to handle the custody of their young children in accordance with family law a few months ago. “You know, I never thought that getting a divorce was so much like visiting a foreign country,” they stated. We prodded them for further information, and they said that “well, like flying to a distant nation, separation, and divorce requires a long and tiring process, much like a long-haul flight.”
Similar, to attempting to get your bearings in a foreign country, everything seems incredibly different here. Last but not least, the jargon surrounding divorce and separation is so complex that it can be difficult to grasp and convey.
When it comes to divorce and separation, the experienced family attorneys at Chamberlains Lawyers are like tour guides.
They can help you map out a personalized strategy to help you feel more at ease and optimistic about the future, and they can provide you with tools to make the trip feel less daunting and draining.
In this article, our professional family lawyers explain all you need to know about family law services. We believe that with adequate knowledge about family law matters, such as applicable family and relationship law, how to get the best and accredited family law specialist or independent legal advice, property settlement, and general family law issue, you will be well positioned to make good choices with your family law proceedings.
Our family law team members are also skilled translators who can help you make sense of any unfamiliar legal jargon. Although, we have also compiled the following translation guide to explain regularly used words in family court parenting problems.
In accordance with the Family Law Act of 1975 (Cth)
Parenting plans, property division, spousal support, and divorce are only some of the concerns addressed under the federal Family Law Act. Except for Western Australia, all of Australia’s other states and territories are covered by this law.
The Australian Federal Court and the Family Law Court
Australian parents can go to the Federal Circuit and Family Court for help with issues including child support, spousal maintenance, and divorce. The court is split into two chambers. Division 2 is where applications are submitted, whereas Division 1 handles appeals and referred cases.
Conflict mediation in the family
The term “family dispute resolution” (FDR) is used in the Family Law Act to designate mechanisms like mediation and conciliation that provide a venue for separating couples to address their disagreements. Except in restricted circumstances, the Family Law Act mandates that parties engage in family conflict resolution before petitioning the court for child-related orders.
A specialist in resolving conflicts within families
One who has received the appropriate training from the Federal Attorney General’s Office and is therefore authorized to engage in family conflict resolution is known as a “family dispute resolution practitioner” (FDRP).
Document issued under Section 60I
A certificate issued by an FDRP under section 60I of the Family Law Act that is practiced by family lawyers Melbourne. When filed with the Federal Circuit Court of Family Court, the certificate proves that the parties made an effort to settle their issue outside of court. A Family Dispute Resolution Practitioner (FDRP) can provide one of five possible Section 60I certifications, including but not limited to the following.
A practitioner conducted FDR between the parties, and all parties made a good faith effort to resolve the issue or issues in dispute; A practitioner conducted FDR between the parties, and one or more parties did not make a good faith effort to resolve the issue or issues in dispute; A practitioner conducted FDR between the parties, and all parties made a good faith effort to resolve the issue or issues in dispute.
The validity period for a Section 60I Certificate is 12 months from the day it was granted.
Parental Agreement Conducted Verbally
When parents who are no longer together agree on where their children will reside and how often they will spend time with each other, this is called a verbal parenting arrangement. Education, health care, and religious upbringing are all areas that might be included in a parenting plan agreement. A verbal agreement on child custody is not enforceable by law.
Strategy for Parents
The term “parenting plan” refers to a legally binding document that is signed and dated by both parents in a divorce or legal separation that addresses the needs of their children. As such, it has the potential to address a wide variety of issues that parents face when raising their kids. It is important to note that a parenting plan is not binding or enforceable in court.
Family Court Order Establishing Mutual Consent
Parents who have split but remain amicable can apply to the court to have their parenting plan approved as a consent parenting order. Orders reached by consent are final and enforceable under the law.
Relationship of Parents
An order on parenting time or other child-related issues issued by a court. The parenting plan will specify who has custody and visitation rights, as well as who the children will reside with. Having a court issue a parenting plan is binding and enforceable. Check out: Looking to get into conveyancing work?
Responsibilities of Parents
Parental responsibility is described as “all the obligations, powers, responsibilities, and authority which, by law, parents have in connection to children” under section 61B of the Family Law Act.
Each parent of a minor kid, regardless of whether the parents are separated or in a relationship, has parental responsibility for the Child prior to any consent parenting order or parenting order being made.
Custody
The Family Law Act no longer employs the archaic phrase “custody.” The term “custody” has been replaced by “parental responsibility,” “lives with,” and “spends time with.”
Cases of Disagreement
When one party to a legal dispute alleges that another party is violating the provisions of a court order, that party may file a “contravention proceeding” with the court. The Court has the authority to enforce compliance with the orders by a variety of actions, including modifying the orders, mandating counseling, or issuing penalties, when hearing proceedings for a violation.
Finally
For all, you need to know about the Australian family law system, if you are going through any family law matter or family court system proceedings, or the family law act, our experienced family lawyers at Chamberlains can help you navigate the process with clarity so that you can know what to do at the right time and how best to do it.
Our family law firm would make sure you wouldn’t have to bother about the family law court, spousal maintenance issues, family law services, child support assessment or child support payments, or the actions of other law firms against you, our family law team will help you through it all.