Is Family Court the only option?

Not everyone who has children together has to go to Family Court when the relationship ends.  Instead, you could:

• Make a parenting agreement together
• Prepare Parenting Orders by Consent (external link).

The Court can approve Parenting Orders. They then become legally binding.

You do not need to make a parenting agreement or write the parenting orders yourself. You can get help and support from the Family Relationship Advice Line (external link). You can also find help through the Community Legal Centres website (external link).

You may need to go to the Family Court if:

• You can't reach an agreement with your ex-partner about childcare and custody.
• You want to file for divorce or divide your shared property after separation.

Preparing for Family Court

If you go to Family Court, you need a family lawyer to support you. People on a low income, like a disability support payment, can get help from legal aid (external link).

Your lawyer will explain the process to you. Disability should not make it unfair.

Your lawyer can help you access aids or other assistance you need. It could be:

• A translator.
• A communication aid.
• Anything else you need to understand and participate.

If there has been domestic or family violence in your relationship, let your lawyer know.

You can also seek help from the free Family Advocacy and Support Service (external link). It supports people affected by domestic and family violence.

The Court will consider your safety in their decisions. The Court will also help you be safe during the court process.

How can disability affect decisions made at Family Court?

The Court may want to know how your disability does or does not affect your ability to look after your child on your own. It is a good idea to think about this before Court. How do you manage your disability as you care for your child?

Some parents with disability experience are treated unfairly in Court. For example, the Court may assume that your child is at risk just because you have a disability. Talk to your lawyer about this possibility.

How do judges make decisions in Family Court?

The judge will consider:

• ‍Parent responsibility. Usually, both parents are responsible for their children. The judge might make a court order for equal shared responsibility. This does not mean the child must spend equal time with each parent. Or, the Court can remove parenting responsibility from one or both parents. They might make a legal guardian responsible for the child instead.‍
• Parenting time. How much time a child should spend with each parent varies. The judge will consider the child's age and how close the parents live to each other. There is no rule that children must spend equal time with each parent.‍
• Financial responsibility. Both parents are financially responsible for children after separation, no matter who the child lives with. Parents can manage child support payments themselves. Or you can apply to Services Australia (external link) to collect child support through their systems.