Role of the Federal Circuit and Family Court of Australia
In an ideal world, families would be able to communicate effectively in any situation, even during separation. In the real world, many families who go through separation do need the assistance of an outside authority to help them resolve conflicts or reach agreement. The Federal Circuit and Family Court of Australia is the authority that helps Australian families in this situation, using the Family Law Act 1975 (Cth) as a guide.
Under this legislation, the Family Court has the power to order final outcomes in relation to property or parenting matters (or both):
- A final outcome in relation to property will result in final orders dictating how a separating couple divide assets and liabilities.
- A final outcome in relation to parenting will result in final orders for how parents will share responsibility and physical care for minor children.
Unfortunately, it can be several years before a Court can resolve property or parenting matters on a final basis. This long delay can be the result any number of factors, including:
- the complexity of the situation itself;
- postponement while either party assembles evidence or obtains expert assessments; and
- the busy schedule of the Court itself.
The inevitable result is that families find themselves in an uncertain position, waiting for final outcomes but needing to get on with the business of living in the meantime.
It is during this waiting period that you may require an interim hearing.