Overview of Parenting Matters
The significance of parenting cannot be overstated. It Plays a crucial tole in overall development of children. In the context of family law, particularly under division 12A of the family law act, the importance of parenting arrangements becomes paramount. Division 12A focuses on the best interests of the Child, ensuring that decisions regarding parenting are made with their welfare as the priority. This includes considerations of the Child’s need for a meaningful relationship with both parents, the impact of any Family Violence, and the Child’s views, depending on their age and maturity. The protocols established under this division aim to facilitate communication between parents and provide frameworks for resolving disputes amicably.
In essence, the procedures and protocols outlined in division 12A serve to protect children’s rights and promote their well-being during family transitions, ensuring that they remain at the forefront of all legal considerations.
Conduct of Child-Related Proceedings
Basic Principles:
- Court is to direct, control and manage the case
- Court is to safeguard the Child against abuse, neglect or Family Violence.
- Proceedings to be conducted without undue delay and with as little formality.
- Promote cooperative and Child-focused parenting.
Steps in Parenting Matter
- Initiating Application: The process begins when one party files an application with the court. This document outlines the issues involved, such as parenting, or property division or divorce application.
- Service of Documents: Once the application is filed, the other party must be served with the documents. This can take several days to weeks, depending on the method of service and the location of the other party.
- Response: The other side has to file a response outlining their position and any counterclaims.
- First Court Event: Conducted usually within 8 weeks of filing. This is a ‘directions hearing’ where Registrar will allocate the case to appropriate Division based on the type of the matter or complexity of issues.
- Interim Hearing: Depending on urgency of the matter and need for other interim or urgent orders such as putting Child on watchlist, visitation or preventing/requiring a party from doing something or the like.
- Mediation and Dispute Resolution: Courts will require parties to attend mediation before proceeding with a full trial or show genuine steps have been taken prior to filing the application. This will be within 5 months of the filing date.
- Pre-Trial Procedures: If mediation fails, the matter may move forward to pre-trial hearing. Evidence filed in the matter will be reassessed.
- Trial: If the matter does not settle by this stage, the Court will allocate a date for trial, usually within 12 months of the filing date.
