Going to Court
Using the Family Court of Western Australia is an incredibly time consuming (years to resolution as opposed to months via mediation), expensive and highly stressful process that should be avoided where possible. The court takes active steps in encouraging families to resolve their matters via mediation. The first being the requirement of a certificate from a Family Dispute Resolution Practitioner when submitting an application to the court. Exceptions to this rule will be granted in the following cases:
- There are allegations of child and/or domestic abuse
- There are allegations of fraud
- The other party is found to be non-negotiable/uncooperative
- The solicitor and the court deems the matter to be of an urgent nature
- Time limitations on the application are in effect
Even after application to the court, a trial won’t always be deemed necessary. If it is however, the court has the ability to issue orders that settle the following common disputes:
- Parental responsibility of children
- Living arrangements of children
- The amount of time children spend with each parent
- Matters regarding relocation
- Division of property and assets including superannuation
- Child support arrangements
If you have any further queries regarding the court process, you can visit the Family Court of Western Australia.
We also appear in other courts, namely the Magistrates Court, District Court and Supreme Court.
Please Contact Us and we will be more than happy to answer any queries or arrange a time for initial legal advice.