Glossary

When determining a child’s best interests, the court primarily focuses on two main factors and several other additional considerations. These additional considerations encompass the child’s perspectives, the nature and quality of the child’s relationships with each parent and other significant individuals, the extent to which each parent promotes a positive relationship between the child and the other parent, potential impacts of changes in the child’s circumstances, challenges related to the child spending time with the other parent, the ability of each parent to meet the child’s needs, and factors including the child’s age, sex, background, lifestyle, as well as cultural and familial violence issues.

Refer to section 60CC of the Family Law Act 1975 (Cth) or section 66C of the Family Court Act 1997 (WA) for further details

A method for settling disputes outside of court, encompassing mediation, arbitration, and negotiation techniques.

This application is used when parties have agreed on matters concerning property and/or parenting outside of court, allowing them to request the Family Court to formalise their agreement into consent orders. These orders become legally enforceable without undergoing costly and prolonged court disputes.

In matters of parenting, the paramount concern of the court is the child’s welfare. This encompasses both primary and additional considerations to ascertain what serves the child’s best interests.

The process where a party or their legal representative questions the opposing party or their witness during a case. In cases involving family violence claims, personal cross-examination is prohibited in Family Court proceedings. A Family Violence Restraining Order triggers the Family Law Cross-Examination ban, requiring representation by legal counsel.

An official command issued by the court, mandating specific actions by the involved parties following the court’s findings regarding assets, liabilities, and other matters. Orders can be interim (temporary) or final.

The scheduled date and time when a case is heard by the court.

Various documents required in Family Court proceedings, such as orders sought, financial statements, or affidavits, particularly ahead of a scheduled hearing.

The official proceedings commenced within the court forming part of the legal process.

This occurs when an individual intentionally disobeys or neglects to follow a court-issued parenting order without a reasonable excuse, which can lead to significant legal repercussions.

A court-approved written agreement between parties in a case incorporating minutes of the agreed orders, it holds the same legal force as a court order which is made without consent.

Due to the sensitive nature of Family Court proceedings, section 121 of the Family Law Act 1975 mandates confidentiality, restricting public disclosure of case details, thus protecting the privacy of all involved parties.

A confidential negotiation session regarding property or financial matters, led by a Family Court Registrar, aimed at reaching an amicable settlement without resorting to trial.

A legal approach where parties commit to resolving separation disputes outside of court, focusing on negotiation and agreement in an open matter with lawyers and other aligned professionals

Financial contributions mandated until the child turns 18 or completes Year 12, calculated by Services Australia or through private arrangements, based primarily on parental income and the care percentage for the child.

Allegations of abuse or violence towards a child or party must be reported through a Notice of Child Abuse, Family Violence (or Risk) – Form 4, triggering a review and response process by relevant authorities.

A sworn document providing essential details regarding a parenting dispute to the court.

An initial review by a Family Court consultant to identify risks, assess potential for agreement, and recommend future case actions, followed by a memorandum to the court and the parties outlining the conference outcomes.

The legal decree finalising the termination of a marriage, enabling the parties to remarry post issuance.

The acknowledged end date of a relationship or marriage, marked by physical separation or a clear intention to end the relationship.

A legal directive issued by a Magistrates Court under state or territory laws designed to shield individuals from family violence. These orders can be either provisional (interim) or definitive (final).

Considerations regarding the financial requirements of a party post-separation. Factors include future earning capabilities and responsibilities towards children from the relationship or other dependents, such as elderly or disabled family members.

The obligation for parties involved in family law matters to transparently reveal all relevant information and documents, applicable to both property and parenting disputes.

A document submitted to the Family Court in response to a Form 1 Initiating Application, outlining the respondent’s desired orders, which may oppose the requests made by the other party.

A mandatory affidavit for court proceedings concerning finances, detailing the income, expenses, assets, liabilities, and financial resources. Accuracy is crucial as this is a sworn statement.

Utilised to begin proceedings in the Family Court, this form outlines the applicant’s requested orders.

Payments made for spousal or de facto maintenance to a former partner who is unable to support themselves post-separation.

The division of assets and property between separating married or de facto partners.

The conclusive evaluation and judgment of a case by a Judge or Magistrate.

A mutual settlement between parties concluding their property and/or parenting disputes, solidified through formal mechanisms like Family Court consent orders, Court orders, or Binding Financial Agreements thereby concluding the legal proceedings.

Behaviours within a family setting that are violent, intimidating, manipulative, or controlling, extending to physical, emotional, and financial abuse.

A counselling approach involving all relevant family members aimed at enhancing communication and resolving conflicts, this can be,confidential or court reportable if agreed or ordered by the court.

Legislation governing family law for married couples in Australia, encompassing divorce, property settlement, spousal maintenance, and parenting issues.

Situations where the court may exempt individuals from family dispute resolution due to circumstances like child abuse, family violence, incapacity.

A jurisdiction dealing with family law matters such as parenting disputes, property settlements, and divorces, consisting of Judges, Magistrates and registrars.

Legislation addressing parenting and property concerns for de facto couples in Western Australia.

Court-appointed specialists conducting evaluations on family and child relations, offering insights and recommendations for children’s welfare and living conditions.

A temporary ruling issued during ongoing court proceedings to address immediate issues until a final decision is reached.

A preliminary court session to settle specific contested matters temporarily, pending a final decision, with parties presenting their arguments and evidence.

The assets, resources or debts each party brings into the relationship at its commencement.

Professional guidance from an impartial lawyer, crucial when entering into legal agreements to understand the personal advantages or disadvantages.

A lawyer appointed by the court to represent the child’s interests, offering insights to the court without representing any party in the case.

An authorised individual performing various community and administrative functions, including witnessing Family Court document signatures.

The court’s principle ensuring property divisions and orders are fair and reasonable following a trial or agreement.

The assigned legal authority (Registrar, Magistrate, or Judge) overseeing a court case, with Judges handling more complex or serious matters.

The official decision issued by a court resolving the legal rights and obligations of the parties involved in the proceedings.

Refers to the post-separation residential and care provisions for children, prioritising their best interests, generally aiming for the safety of a child as a priority

The status achieved under Australian law by fulfilling specific requirements, including age, consent, and marital status conditions, with the ceremony conducted by an authorised like a celebrant or religious clergy.

A private, mediator-led mediation for either interim or final issues.

A process enabling separated couples to resolve their disputes regarding parenting and property through the guidance of a neutral, independent mediator, aiming to reach a mutual agreement. This process can occur with or without lawyer.

Official documentation proving the existence of a marriage, typically provided by the celebrant or minister on the wedding day. In Western Australia, copies can also be obtained from the Registry of Births, Deaths and Marriages.

A court mandate requiring one partner to financially assist the other post-relationship, applicable if the recipient cannot meet reasonable living expenses and the other can afford to provide support.

Contributions by a party towards the family’s welfare, such as home improvement or maintenance, distinct from their role as homemaker and parent.

Damage to a child’s mental or emotional well-being, often resulting from exposure to or experience of abuse, neglect, or family violence.

The division of assets following the end of a marriage or de facto relationship, formalised through orders with the Family Court or a Binding Financial Agreement (BFA).

In child-related proceedings, the court prioritises the child’s best interests, focusing mainly on the child’s right to maintain meaningful relationships with both parents and the need to safeguard the child from harm, abuse, or neglect.

A meeting before the trial, attended by all parties and their lawyers, led by the trial’s presiding Magistrate or Judge, aimed at ensuring readiness for the trial.

A legal contract between former partners outlining the division of property and finances after separation, which, while not filed with the Family Court, requires independent legal advice for both parties.

A written agreement detailing the care and living arrangements for a child, agreed upon and signed by both parents. Though not legally enforceable, it may supersede existing court orders if made subsequently.

Legal directives concerning child welfare issues, including living arrangements, time spent with parents, and protection from harm.

The right to make significant life decisions for a child.

Legal commands issued by the court to return a child to the applicant’s carer, necessitating a formal application and evidence presentation.

The court’s explanation and rationale behind its decision following a court hearing.

A procedural check-in before a Registrar to confirm if trial documents have been properly filed, leading to the assignment of a trial date if ready.

Orders for the division and transfer of superannuation interests between parties as part of the final property settlement, necessitating prior notification to the superannuation fund trustee.

Used to request details from a superannuation fund trustee, particularly regarding a partner’s superannuation assets.

Refers to a child living primarily with one parent while still spending meaningful time, including weekends and weekdays, with the other parent.

A court order mandating an individual’s appearance in court to provide testimony and/or present documents or other items.

Financial support available to individuals under the Family Law Act 1975 (Cth), subject to eligibility criteria.

An exceptional circumstance where one parent is awarded exclusive decision-making authority over significant aspects of the child’s life.

In intricate parenting disputes, a court-appointed child specialist (often a psychologist or psychiatrist) assesses and reports on the family dynamics, offering recommendations for the child’s care and testifying if needed.

Acts where a child is used for sexual gratification by another, either directly or indirectly.

Situations where a child is deprived of basic life necessities or placed in harmful conditions due to persistent neglect.

The conclusive legal examination of a case by a Judicial Officer, resulting in a final decision based on presented evidence.

Specifies when and how a child will spend time with each parent.

Documents prepared by a jointly appointed expert valuer to ascertain the value of contested assets, like real estate, for family law purposes.

A documented accord, typically in the form of Consent Order Minutes, submitted to the Family Court to formalise the parties’ settlement.