Most Australians would like to avoid going to family court in Sydney. Even yet, if you’re considering filing for divorce, knowing the basics of family law and what to anticipate from the subsequent visit to family court in Sydney may be encouraging.
There are numerous situations when it is desirable to avoid family court in Sydney as much as possible, such as when one of the parties refuses to negotiate, there is a danger of child abuse, or there is a chance of family violence. Divorce and child custody disputes are serious matters that need to be treated seriously. Furthermore, it is not always essential. Before going to court, it’s best to get legal guidance and/or family conflict resolution.
Parties in a family court case will be able to negotiate their own settlement at every stage of the judicial procedure. Consent Orders are issued by the family court in Sydney when issues are addressed this manner. This is the method used by the majority of divorcing spouses. Only around 5% of cases that reach family court in Sydney make it all the way to a final hearing and decision.
Preparation for family court in Sydney
In family court in Sydney, procedures may vary based on the facts of each case and whether the issue is one of parenting or property or the combination of the two. Although the following phases typically comprise a family court trial process.
Family court documentation
An Initiating Application to the Family Court must be filed by the person initiating the case. This is a list of what the applicant wants the Family Court to do for them. An Affidavit, a sworn document outlining the applicant’s proof, must accompany the application. A Financial Statement, which essentially lays out the applicant’s financial situation, must also be completed and sworn in for property concerns alone.
A Response to Initiating Application, a supporting Affidavit, and, in property issues only, a Financial Statement will be filed by the person replying to the action.
Interim orders (which are urgent temporary orders in force until the case is decided on a final basis) and/or final orders may be sought by the parties in the Initiating Application and Response.
The Family Court will issue procedural orders during the first hearing, which normally takes place six to twelve weeks after the first petition, outlining how the case should progress and what the parties should do next.
Hearing for the interim period
The Family Court in Sydney may appoint a date and time for an interim hearing if the parties involved are seeking interim orders. The Affidavits submitted by the parties and their witnesses will be heard by the court during an interim hearing. Next, the parties or their attorneys will make brief oral comments to the court regarding what orders should be issued based on evidence from Affidavits and the law (as outlined in the Family Law Act (1975)) as well as the judge’s discretion. After then, it’s up to the judge to render a verdict. There is no spoken testimony from the parties or their witnesses at this point, so the Family Court is unable to determine who is or is not speaking the truth.
Disputes involving property may need a Conciliation Conference between the parties. Essentially, a Conciliation Conference is a kind of mediation, and is a chance for the parties and their attorneys to work together to achieve an agreement or restrict the scope of their disagreements.
If the parties are still unable to come to terms, a final hearing will be scheduled at a certain day and time.