Family court in Sydney can house several different case types and is often in the news due to the massive backlog of cases currently in their books. The cases themselves are often involving highly emotional and can run for a long time with no discernible resolution on the horizon. A family court Sydney specialist focuses on a few different types of law and often has to oversee several different cases on a daily basis. This can be taxing not only for the people involved in the case, but also with the barristers and lawyers who often have to juggle with multiple emotionally traumatising cases without much of a break in between.
While a day in the life of a family court in Sydney can be deflating at the best of times, it still helps to understand the more common types of cases that befall a typical Sydney family court.
1. Protection Orders
A family court in Sydney will typically cover most areas of a marriage and relationship life as it pertains to litigation. This extends to cases surrounding domestic violence and the protections that are placed on victims of domestic abuse. A family court in Sydney will typically take the hearings of victims and arrange appropriate responses after sufficient evidence is given.
This can extend to apprehended violence orders or restraining orders which are typically filtered through a family court in Sydney and are either permanent or temporary depending on the severity and individual characteristics of the case in question.
One of the more common cases to be seen in a typical family court in Sydney is matters surrounding a divorce. While not every divorce is seen in this setting, there are mitigating circumstances that sometimes require the objective third party to have some legal authority over the case. This could be because of disagreements and failed attempts at mediation outside of legislative coercion.
Before matters are taken to the point of needing to appear in a Sydney family court, there is a heavy encouragement for outside mediation to take place and for an amicable agreement to be completed by the divorcing couple, this is because when matters are taken to trial, the results are often much harder to appeal and to change as time goes on.
One such circumstance where a family court in Sydney will be at its most emotionally charged is in matters of custody. This can be in cases of an impending divorce wherein the dissolving of marriage leaves unmediated or contentious issues that are not solvable by traditional means. When it becomes a case it will invariably become a lot more defined. A judge will have to take a number of factors into consideration; either sides financial and emotional capability for effective custody, their living situation, and their preparedness to take on sole responsibility at any given time.
There can also be cases of custody where parents will sue for sole custody after a certain amount of time, or familial members suing for partial custody, depending on the situation. It is one of the more emotionally draining and challenging cases you’ll find.
One of the less common but still applicable case types to appear in family court in Sydney is in cases of adoption. Particularly in cases where a prospective parent needs to give evidence or submit documentation for adoption with complex surrounding circumstances. While not as emotionally draining, these cases can take a long amount of time to conclude due to the large amount of paperwork and different institutions that need to all be on the same page.