Family law is the area of law that deals with families, relationships and children.
It covers things like divorce, arrangements for your children, your property, spousal or de facto maintenance and child support.
Family law is different to child protection law – see what is the difference between child protection law and family law?
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Most family law issues in Australia are covered by the Family Law Act 1975 (Cth).
If you are in Western Australia, the family law system is a bit different and you should get legal adviceACTNSWNTQldSATasVicWA and see information about Western Australia below.
If you were married or in a de facto relationship, the Family Law Act 1975 (Cth) will cover any disagreements you have about:
• your children
• property and spousal or de facto maintenance.
If you were not married or in a de facto relationship the Family Law Act 1975 (Cth) will only cover disagreements you have about your children.
Western Australia
In Western Australia, the Family Law Act 1975 (Cth) covers:
- married people who want to divorce or make arrangements for children, property or spousal maintenance
- unmarried parents whose children are not in Western Australia.
The Family Court Act 1997 (WA) covers:
- unmarried people who have disagreements about:
If you, your ex-partner or your children live in Western Australia, you should get legal advice from a lawyer in Western Australia.
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Family law disputes are usually dealt with in the Family Courts and the Local or Magistrates’ Court.
We refer to these courts as ‘Family Courts’:
• the Federal Circuit and Family Court of Australia
• the Family Court of Western Australia.
If you start your case in the Local or Magistrates’ Court it will often be transferred to the Family Courts.
The Local or Magistrates’ Court can also change or stop Parenting Orders when it makes a Domestic Violence Orders.
If you have a Parenting Order and experience domestic and family violence, it’s important to get legal adviceACTNSWNTQldSATasVicWA.
Also see, what happens when there are Parenting Orders before a Domestic Violence Order is made?
If you aren’t sure which court to start a case in, get legal adviceACTNSWNTQldSATasVicWA.
If you’re worried about your safety at the Family Courts, see getting a safety plan for court.
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