Summary of the journey for most Family Law matters in Australia

Child custody and visitation are decided based on what is in the best interests of the child. Factors considered may include the child’s wishes, the relationship between the child and each parent, the ability of each parent to provide for the child’s needs, and any history of abuse or neglect.

Child support is financial support paid by one parent to the other to assist with the costs of raising a child. It is calculated based on the income of both parents and the amount of time the child spends with each parent.

Spousal support, also known as maintenance, is financial support paid by one spouse to the
other after a separation or divorce. It is awarded based on factors such as the income and earning capacity of each spouse, the length of the relationship, and the needs of each spouse.

You can apply for a restraining order or domestic violence order in Queensland by making an application to the Magistrates Court. This can be done in person or through a lawyer. The order can prohibit the other party from contacting you or coming near you.

Yes, an existing child custody or support order can be modified if there has been a significant
change in circumstances. This could include a change in income or living situation.

If your former partner does not follow the court’s orders, you can make an application to the court for enforcement of the orders. This could result in fines or even imprisonment.

The process for adopting a child in Queensland involves obtaining an adoption order from the Supreme Court of Queensland. This can be a complex and lengthy process, and it is recommended that you seek the advice of a family lawyer.

In some cases, it is possible to obtain a divorce without going to court. This can be done through an application for divorce by agreement, where both parties agree to the divorce and the terms of the divorce. However, it is always recommended that you seek the advice of a family lawyer to ensure that your rights are protected

In family law matters, the term “Collaborative law” is used to describe a process where the parties sit down with their lawyers and resolve their disputes without the need to attend a court room. This is a form of dispute resolution whereby the parties may avoid the litigation process if they are capable of cooperating and agreeing on matters such as financial and parenting issues and matters involving their children (schooling, pick up and drop off days, holidays etc).

However, collaborative law is not always appropriate and where parties are no longer capable of open communication, where their has been a power imbalance or domestic violence or their has been a failure to provide full disclosure for the purpose of resolving disputes, this process will unlikely succeed.
It is a discussion between you and your lawyer to determine if this process is right for you.