Family law in Australia is the area of law that deals with legal issues related to family relationships. This can include issues such as marriage, divorce, child custody and support, property division, and domestic violence, among many others.

In Australia, family law is primarily governed by federal laws, as well as by state and territory laws. The federal Family Law Act 1975 sets out the general legal framework for family law in Australia, and establishes the Family Court of Australia and the Federal Circuit Court to hear and decide cases involving family law issues.

In addition to the Family Law Act, each state and territory also has its own laws and regulations relating to family law. These laws may provide additional details or specific rules that apply to family law cases in that particular jurisdiction.

Overall, family law in Australia is designed to provide legal protections and support for individuals and families who are dealing with family-related legal issues. This includes providing legal remedies for issues such as divorce and child custody, and establishing the legal rights and responsibilities of individuals and families in relation to these issues.

Under Australian family law, the term “family” typically refers to individuals who are related by blood, marriage, or adoption. This can include parents, children, siblings, grandparents, aunts, uncles, and cousins.

In addition, the term “family” can also refer to individuals who are not related by blood, marriage, or adoption, but who are considered to be part of the family by virtue of their close personal relationship. This can include de facto partners, step-parents, step-children, and other individuals who have a close personal relationship with the family.

Overall, the term “family” under Australian family law is broad and can include a wide range of individuals who are related by blood, marriage, or adoption, as well as those who have a close personal relationship with the family.

Under Australian family law, the term “child” refers to an individual who is under the age of 18 years. This means that any person who has not yet reached their 18th birthday is considered to be a child for the purposes of family law.

The definition of a child under Australian family law is consistent with the definition of a child under other areas of law in Australia. For example, the definition of a child under the Family Law Act 1975 is the same as the definition of a child under the Children, Youth and Families Act 2005 (Vic) and other state and territory laws.

Overall, the definition of a child under Australian family law is an individual who is under the age of 18 years. This means that any person who has not yet reached their 18th birthday is considered to be a child for the purposes of family law.

Separation occurs when one or both parties in a marriage or de facto relationship decide to end their relationship. Divorce, on the other hand, is the legal termination of a marriage. You do not need to be divorced to resolve parenting or property issues, but divorce is necessary if you wish to remarry.

To obtain a divorce in Australia, you must satisfy the following requirements:

- Be separated for at least 12 months.

- Demonstrate that the marriage has irretrievably broken down.

- Meet jurisdictional requirements (e.g., you or your spouse must be an Australian citizen, resident, or regard Australia as your permanent home).

Parenting orders are court orders that set out arrangements for the care of children after separation. They can address issues such as:

- Who the child lives with.

- How much time the child spends with each parent.

- How the child communicates with the other parent or other significant people.

- Parental responsibility for decision-making (e.g., education, health).

The court’s primary consideration is the best interests of the child, focusing on ensuring the child has meaningful relationships with both parents (where safe) and is protected from harm.

Property division follows a four-step process:

1. Identifying and valuing the assets, liabilities, and financial resources of both parties.

2. Assessing the contributions of each party (financial, non-financial, and homemaker/parent contributions).

3. Evaluating the future needs of each party, considering factors such as age, health, income, and care of children.

4. Ensuring the division is just and equitable.

If parties cannot agree, the Family Court or Federal Circuit and Family Court of Australia can make orders.

It is important to seek legal advice early to protect your interests.

To file for divorce, you must meet these requirements:

- The marriage has irretrievably broken down, evidenced by 12 months of separation.

- One party must regard Australia as their home and intend to live here indefinitely, or be an Australian citizen or resident.

- If you’ve been married for less than two years, you’ll need to attend counseling or provide a certificate explaining why this wasn’t possible.

Divorce applications can be made online through the Commonwealth Courts Portal.

Parenting arrangements prioritise the child’s best interests under the Family Law Act 1975.

Key considerations include:

- The benefit of the child having a meaningful relationship with both parents.

- Protecting the child from harm (physical or psychological).

- The child’s views, depending on their maturity and understanding. Parenting arrangements can be made by agreement between the parents or, if no agreement is reached, by court orders.

A BFA is a legally enforceable agreement between parties that sets out how property, financial resources, and spousal maintenance will be managed if the relationship breaks down. BFAs can be made before, during, or after a marriage or de facto relationship.

Both parties must obtain independent legal advice before signing, and the agreement must comply with the Family Law Act 1975.

If a parenting order is breached, you can:

1. Try to resolve the issue through communication or mediation.

2. File a contravention application with the court if the breach is serious or repeated. The court may impose penalties, vary the order, or take other actions to enforce compliance.

It’s important to keep detailed records of breaches and seek legal advice before taking action.

Spousal maintenance may be available if:

- One party cannot meet their reasonable living expenses due to factors like age, health, or caring responsibilities.

- The other party has the capacity to pay. The court considers factors such as income, financial resources, earning capacity, and the standard of living during the relationship.

Spousal maintenance can be agreed upon by the parties or determined by the court.

There is no specific distance that separated parents are required to live from each other in Australia. However, the Family Law Act 1975 does require that parents make reasonable arrangements for their children to have regular contact with both parents after separation.

In general, the court will consider a number of factors when determining what constitutes reasonable arrangements for children’s contact with their parents after separation. These can include the age and needs of the children, the parents’ availability and willingness to facilitate contact, and any other factors that may affect the children’s ability to have regular contact with both parents.

In some cases, the court may order that parents live within a certain distance of each other in order to facilitate regular contact between the children and both parents. This can be particularly relevant in cases where one parent has primary care of the children and the other parent has limited contact with the children.

Overall, the issue of how close separated parents should live in Australia is one that is determined on a case-by-case basis, taking into account the specific circumstances of the parents and the children involved.

To find court judgments on family law cases in Australia, you can search for the judgments on the website of the relevant court. In most cases, this will be the Family Court of Australia or the Federal Circuit Court.

To search for a judgment, you will need to visit the website of the relevant court and use the court’s online search tool. This will typically require you to enter some information about the case, such as the names of the parties involved, the date of the judgment, or the court file number.

Once you have entered this information, the court’s online search tool will provide you with a list of judgments that match your search criteria. You can then review the list of judgments to find the one that you are looking for.

Alternatively, you can also search for judgments on family law cases in Australia by using an online legal database, such as AustLII or the Commonwealth Courts Portal. These databases provide access to a wide range of court judgments, including judgments from the Family Court of Australia and the Federal Circuit Court.

Overall, finding court judgments on family law cases in Australia is a straightforward process that can be done using the online search tools provided by the relevant court or by using an online legal database.

Family law in Australia is primarily governed by federal laws, as well as by state and territory laws. The federal Family Law Act 1975 sets out the general legal framework for family law in Australia, and establishes the Family Court of Australia and the Federal Circuit Court to hear and decide cases involving family law issues.

In addition to the Family Law Act, each state and territory also has its own laws and regulations relating to family law. These laws may provide additional details or specific rules that apply to family law cases in that particular jurisdiction.

Overall, family law in Australia is a mix of federal and state/territory legislation. The federal laws provide the general framework for family law in Australia, while state and territory laws may provide additional details or specific rules that apply to family law cases in those jurisdictions.

Mediation is not mandatory in family law cases in Australia. However, the court may require the parties to attend mediation or other forms of dispute resolution before proceeding with a court hearing.

Under the Family Law Act 1975, the court has the power to order the parties to attend mediation or other forms of dispute resolution in order to attempt to resolve their dispute without going to court. This is known as compulsory mediation or compulsory dispute resolution.

Compulsory mediation or compulsory dispute resolution is typically ordered by the court when the parties have been unable to reach an agreement through voluntary mediation or other forms of dispute resolution. In these cases, the court may order the parties to attend mediation or other forms of dispute resolution in order to attempt to resolve their dispute before proceeding with a court hearing.

Overall, while mediation is not mandatory in family law cases in Australia, the court may require the parties to attend mediation or other forms of dispute resolution as a condition of proceeding with a court hearing.

In Australian family law, guardianship refers to the legal responsibility for the care and wellbeing of a child. This responsibility is typically held by the child’s parents, but may also be held by other individuals or organizations in certain circumstances.

Under the Family Law Act 1975, a child’s parents are considered to be the child’s guardians, unless a court has made an order to the contrary. This means that the parents are responsible for making decisions about the child’s care and wellbeing, including decisions about the child’s education, health, and religious upbringing.

However, in some cases, a court may make an order appointing another individual or organization as the child’s guardian. This can happen in a variety of circumstances, such as if the child’s parents are unable or unwilling to care for the child, or if the child is in need of protection.

In these cases, the court-appointed guardian will be responsible for making decisions about the child’s care and wellbeing. This may include decisions about where the child will live, who the child will have contact with, and other important matters relating to the child’s care and wellbeing.

Overall, guardianship in Australian family law refers to the legal responsibility for the care and wellbeing of a child. This responsibility is typically held by the child’s parents, but may be held by other individuals or organizations in certain circumstances.

There have been many famous family law cases in Australia over the years. Some of the most notable examples include:

The High Court case of Attorney-General (NSW) v Quin (1990), which established the principle that the state has a duty to protect the rights of Indigenous children and to provide them with the same opportunities as non-Indigenous children.

The High Court case of Re Kevin (1991), which established the principle that the best interests of the child are the primary consideration in all decisions affecting the child’s care and wellbeing.

The High Court case of Baumgartner v Baumgartner (1993), which established the principle that property settlements in divorce cases should be based on the principle of fairness, rather than on a fixed formula or percentage.

The High Court case of B and B (1994), which established the principle that the court should consider the views of the child when making decisions about the child’s care and wellbeing.

The High Court case of Re Jodie and Mary (1997), which established the principle that a court can make orders allowing a child to be removed from their parents’ care if it is in the child’s best interests.

Overall, these and other famous family law cases in Australia have helped to shape the legal landscape and have established key principles that are now applied in family law cases throughout the country.

Under the Family Law Act 1975, both parents are generally presumed to have equal shared parental responsibility for their children, meaning they must jointly make major long-term decisions about the child's welfare (e.g., education, health, and religion).

This presumption does not mean children must spend equal time with both parents. If it is in the child's best interests and reasonably practicable, the court may order "equal time" or "substantial and significant time" with both parents.

Child support is managed by the Child Support Agency (CSA) and calculated based on:

- Each parent’s income.

- The number of children and their ages.

- The amount of time each parent spends with the children.

- Additional costs, such as medical or educational needs.

Parents can agree on child support arrangements outside the CSA through a child support agreement, but it must comply with legal requirements to be enforceable.