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Updates to Mediation And Exemptions In New Family Court

From 1st September 2021, the Family Court and the Federal Circuit Court will merge and become one court. All applications for orders under the Family Law Act will be made to the same Court. The requirement for parents to attempt mediation before issuing an application to the Court will remain unless you are able to […]

Updates to Mediation And Exemptions In New Family Court

Updates to Mediation And Exemptions In New Family Court

From 1st September 2021, the Family Court and the Federal Circuit Court will merge and become one court.

All applications for orders under the Family Law Act will be made to the same Court. The requirement for parents to attempt mediation before issuing an application to the Court will remain unless you are able to seek an exemption from that requirement. Outside of the comprehensive domestic violence criteria, the family court mediation process includes a safeguarding and risk assessment screening. (Give us a call if you would like advice regarding the possible grounds for exemption). 

What if I apply to the Family Court?

Previously applications for property settlement orders only did not require an attempt to mediate before issuing an application in the Federal Circuit Court but did require an attempt to resolve matters before issuing an application in the Family Court.

In the new system, it will be a requirement to attempt to resolve matters by negotiation or mediation before an application for property settlement only is issued to the Court. Once again there will be exemptions in certain situations.

It is generally a good idea to try and resolve these issues without going straight to Court if at all possible, so in the Family Law team at Aylward Game solicitors we are in tune with this approach. We will give you honest, practical advice, we will help you resolve the situation by agreement if that is possible, and we will represent you at the Court if that is necessary and for more information on the family court mediation process then please contact us.

Request Free Consultation

For a discussion about your situation, and the options to resolve it that may be available, Give the Family Law team at Aylward Game Solicitors a call on 1800 217 217

Remote Mediation Becoming The ‘New Normal’ During Covid