When matters to do with family law go beyond the mediation point, they graduate to the family courts. A family court in Sydney is a place where all decisions about finances and children are made. Oftentimes, people get into a union to have kids or a family and grow old together. Well, since forever is a long time, some inevitable things happen along the way that results in separation.
Thus, there is a need to involve a family attorney to ensure the separation goes smoothly and the right decisions follow thereafter. In some cases, disputes may arise regarding the decisions about children and finances. As a result, the disputes reach the courts for resolution. This article outlines what happens in the family court in Sydney.
The proceedings in a family court in Sydney
The family courts are the final stages of resolving family disputes. In case of a separation, the once united couple splits and goes their separate ways. So, if they had property and children together, disputes might arise from there. The disputes may come up as a result of not reaching an agreement on how to divide the assets and the children’s welfare.
When this happens, the matters are better off handled by a family lawyer. An attorney provides mediation grounds for the case before it escalates. If the attorney doesn’t help resolve the situation, the matters are taken straight to the family court in Sydney.
When couples who have separated don’t agree with the family attorney, they apply for a resolution appointment in a family court in Sydney. The court will then summon them for the first hearing. This first hearing is held to help identify the issues between the parties involved during their initial phase. During this stage, the court tries to help the parties reach an agreement. In most cases, a children’s and family law officer is present to oversee the outcome.
In some instances, a Position Statement is ideal for setting out your case. It is one of the essential documents (optional) given to the court outlining the party’s position before the hearing. The document can help hasten the proceedings and conclude the case if the other party agrees to the position. It also provides a brief plan of your expectations at the hearing.
The magistrate and the officer present, having gone through the case, will help the parties involved come to an agreement. A mediator in the family court in Sydney can also help bring the case to an agreement if the parties involved haven’t sought out mediation. A final order is issued once the parties agree at the first court hearing. The order entails all the details of the agreement if they favor the children.
In case the two don’t reach an agreement, the family court in Sydney determines the disagreement points and reasons. On matters of contact or residence and other serious allegations, the judge will deny contact throughout the investigation. In most cases, the judge proposes supervised contact during the process.
As the name suggests, a fact-finding hearing is a family court in Sydney trial that accounts for the evidence of the allegation. The court then decides whether the alleged events happened or not. At this time, the parties present all the evidence before the court, where they will be cross-examined. The most common allegations involve domestic abuse (emotional harm and neglect, and physical violence).
During the decision-making process, the judge considers all the allegations by either side. The balance of prospects can prove the truth about the allegations.
During this stage, the judge considers the available evidence and any reports and information provided by the relevant officers present. Additionally, the judge will consider any findings made during the Fact-Finding proceedings. After putting all the information together, the magistrate will evaluate and make a decision following child(ren) welfare.