Family Law Court Process

Court Process Family Law

Deanna Elsner, our experienced Family Law specialist, prioritises a mediation-centered approach for resolving disputes related to Family Law. However, in certain situations, such as in cases of urgency, child abuse, family violence, or when one party is unwilling to compromise, alternative legal strategies may be necessary to reach a resolution.

If you do need to take your matter to court our Advocate Family Lawyer specialist, Deanna Elsner can assist you with advice and support at every stage of the process, to help put your mind at ease and take away some of the emotional stress.

The process for taking a matter to the Federal Circuit and Family Court of Australia is listed below. As you can see, settling your case through mediation takes a fraction of the time than if the matter is taken to Court.

Property Settlement Proceedings

18 months - 2.5 years

  1. Application Filed
  2. Interim Hearing/Directions Hearing (interim hearing only if there are urgent issues that need to be dealt with)
  3. Conciliation Conference/Mediation
  4. Mention/Directions Hearing
  5. Final Hearing: the Court will rarely make a decision on the day. It may take a few weeks/months for the Judge to write a Judgement.
  6. Final Order Made by the Court

Parenting Proceedings

18 months - 2.5 years

  1. Application Filed
  2. Interim Hearing (if interim application filed). Interim Orders made regarding children’s living arrangements until a Final Hearing. At this stage an Independent Children’s Lawyer may be appointed.
  3. Family Report process and evidence gathering.
  4. Interim Hearing/Directions Hearing (interim hearing only if listed by the court or interim application filed).
  5. Final Hearing: Parties are cross-examined and the Court makes findings of fact (what is true and not true). The Court will rarely decide on the day. It may take a few weeks/months for the Judge to write a Judgement.
  6. Final Order Made by the Court

Out of Court Settlement

4 weeks to 3 months

  1. Mediation
  2. Consent Orders

Did you know?

Negotiations and agreements can be made between the two parties at any stage of the litigation process, even after an application has been made to take the case to Court. In fact, 97% of matters will be settled between the first court date and prior to Final Hearing.

Navigating the legal process of Family Law can be complex and overwhelming, but with the guidance of a Family Law specialist, like Deanna Elsner, it can be less overwhelming. As your Family Lawyer, Deanna will provide a compassionate, empathetic and understanding ear. while clearly and calmly guiding you through each step of the process.

If you’d like to discuss your circumstances, please book a free initial consultation with a Family Law specialist by completing the form below.

Not sure where to start?

Book a free initial 30 minute consultation and I will guide you to the next steps.