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The Family Law Act 1975 and associated rules provide guidance on the rights, responsibilities and authorities of people involved in relationships and upon separation as well as legal responsibilities upon separation. It addresses dissolution of marriages or de facto relationships as well as child custody arrangements and care arrangements, parental responsibilities, property division and financial support as well as domestic violence issues that may arise during relationships or after their dissolution.

The family law system offers a public service to individuals experiencing legal problems within their families, seeking relief through mediation. The goal of mediation is to reduce tension by offering an objective framework for resolving disputes. Although mediation encourages parties to try and reach private agreements directly first, if this proves unsuccessful a formal process will also be available to provide solutions.

How Family Law Protects Parents and Children

Australian family law’s aim is to foster family harmony by addressing any legal issues that may arise between partners in relationships. Family laws apply equally to both married and de facto couples as well as children in families; all members are included within these rules as they address rights and responsibilities within family units, including any possible intergenerational effects.

Many individuals come into contact with the family law system due to issues like domestic violence, concerns for their own or their child’s safety, drug or alcohol abuse, gambling addiction, problematic social media use (pornography etc), mental illness, financial hardship or problems in relationships. People using family law services tend to come from complex families that include those suffering mental illness as well as experiencing domestic violence more regularly. They may be more likely to have children with behavioral or emotional difficulties while also more likely experiencing domestic abuse themselves.

Children are at the core of family law. Both the Act and case law prioritise their best interests when making decisions about their care, such as who lives with or spends time with them. Decisions on living arrangements for a child in most states except Western Australia where decisions about living arrangements must be made by a Family Court or Federal Circuit Court (where Western Australian Family Court jurisdiction applies); for children placed into care under child welfare legislation they must first be approved before orders can be made by family law courts.

Parents share joint responsibility for raising and developing their children, according to the Family Law Act. No parent should be denied an opportunity to be an active part of their child’s life in an authentic way; additionally, courts cannot order that would force a child to choose one parent over the other.

Spousal maintenance is the legal obligation of both spouses, which takes the form of financial support in certain instances between themselves. When making this determination, courts take into account incomes of both parties as well as assets and liabilities when creating orders for this form of support; it may not always be granted and often falls far short of meeting basic needs.