Archives: faqs

Yes. There is a review process within the Department of Human Services. If you disagree with a decision you can appeal to the Administrative Appeals Tribunal. Appeals from the Administrative Appeals Tribunal can be heard by the Federal Circuit Court...

Child support will be different in each case. The amount is calculated by way of a formula by the Department of Human Services, based on each parent’s income, less a self-support amount, the number of and ages of the children and the amount of nights...

If the threats are credible, you should seek urgent legal advice and obtain an order to place the child’s name on the Airport Watch List. This will prevent the child from leaving the Commonwealth of Australia until such time as parenting orders are...

Before taking the children to live interstate, overseas or even significantly out of the local area (if it makes it substantially more difficult for the other parent to spend regular time with the children) it is essential to consult with the other...

The Court must always consider what is in the child’s best interest before making a parenting order. The parent’s interests are secondary to the child’s best interest. In determining what is in a child’s best interest there are a number of...

If there is agreement between the parents about who the children will live with and the amount of time the children will spend with the other parent, this can be entered into a Parenting Plan which is a written agreement. If you require legally...

It is compulsory to attend Court if there are children of the marriage under the age of 18. You do not need to attend if you are the respondent in a sole Application unless you disagree with the Application or if it is a joint Divorce...

Yes. It is a separate process. You may still require separate applications or orders settling financial and parenting matters. Following a divorce you have only 12 months from the date of the Certificate of Divorce to finalise your property matter by...

Yes. Apply for a divorce online is a simple process and has the benefit of allowing you to choose the hearing date. You can register on the Commonwealth Courts Portal to file your Application for Divorce using this...

Provided it is not complicated many people choose to represent themselves in an application for divorce. We suggest you obtain legal advice in the event you anticipate problems contacting or serving your spouse with the application, if there has been a...