We all know that marriage can be hard work, and unfortunately there are cases whereby partners cannot always resovle family disputes when faced with separation or divorce. If agreements cannot be reached, then parties can consider entering the Court process to resolve matters and applying for Court Orders.  Entering the Court process can be stressful, time consuming and expensive, however sometimes couples are faced with no other alternatives.

Entering the Court process to resolve family disputes does not mean that an agreement cannot be made. Even when a Court Order is filed, partners can decide to reach an agreement throughout the process, thus avoiding a hearing.

Prior to applying to the Court for a parenting Order, or making changes to an existing Order, you are required to attend Family Dispute Resolution and obtain a certificate from a registered Family Dispute Resolution provider.

Furthermore, families attempting to apply for an Order must engage in pre-action procedures prior to filing an application. Pre-action procedures allows areas of resolution to be explored and to narrow the issue which requires a Court decision to be made.

When going to Court, a Family consultant can also be appointed. Family Consultants are psychologist and/or social workers who specialise in child and famly issues pertaining to separation and divorce. Family consultants can help you and the Court to resolve disputes, assist and advise the Court and give evidence, write and provide a report to the Court regarding your family, and advise the Court about services provided to families by Government and other agencies.

It is important to note that the work conducted by Family Consultants are not confidential and may be used in Court at a later date.

When going to Court, it is also advised that children do not attend. There are execptions where children may be required to attend to speak to a family consultant or judicial officer.

Following the Court process, a Consent Order may be made by the Court. A consent Order is a written agreement that is approved by the Court. The Order can encompass parenting arrangements for children, as well as financial arrangements. Consent Orders have the same legal force as if they had been made by a judicial officer after a Court hearing, however, Consent Orders can be made without going to Court.

Throughout the Court process, agreements can be reached at any stage, with Consent Orders made and the case finalised. Whilst different steps can occur in varying cases, most parties who attend Court go through the process of pre-action procedures, followed by a Court application, Court appointment or hearing, child dispute services, Court Based dispute resolution followed by the trial or hearing.

For more information, visit www.familylawcourts.gov.au.