Family lawyers often practice across different areas of the law, including family violence, care and protection, adoption and fertility and family creation matters, including surrogacy. While many people may think of this as “family law”, the term family law is usually used to refer to legal matters relating to the breakdown of a relationship. Without the benefit of legal advice, it may be difficult to figure out which law governs the “family law” issue you may be dealing with. At R + M Law, we are able to assist you in relation to several different family law matters.
This article will provide a brief overview of the legislation that covers the different areas a “family lawyer” may practice in and be able to assist you with.
Family Law
Following separation, parties may wish to get divorced, enter into a property settlement or formalise care arrangements for their children. These different matters all fall under the umbrella of “family law” matters. Family law matters are primarily governed by the Family Law Act 1975 (Cth).
The Family Law Act 1975 is a federal law which applies across Australia. Family law matters are heard in the Federal Circuit and Family Court of Australia (“FCFCOA”) which sits across the country. The FCFCOA also deals with matters including spousal maintenance and child support.
However, if you are based in Western Australia, family law matters are heard in the Family Court of Western Australia. This is because Western Australia has not referred its family law powers to the Commonwealth. In WA, the Court applies the Family Law Act 1975 (Cth) to matters relating to married couples and the Family Law Act 1997 (WA) to de facto couples.
Care and Protection
Child protection matters, which differ from parenting matters in the Federal Circuit and Family Court, refer to matters where child welfare authorities intervene as a result of a parent being unwilling or unable to adequately care for a child or children. Each state and territory has its own child protection body as this area of the law is governed by state and territory-based legislation.
In the ACT, child protection matters are governed by the Children and Young People Act 2008 and are primarily dealt with by the ACT Children’s Court.
Family Violence
Whilst family violence is often a consideration in general family law matters, a person in need of protection can make an application for a protection order under state and territory based legislation.
In the ACT, these applications are made under the Family Violence Act 2016 and are known as Family Violence Orders. Whereas in New South Wales, these types of Orders are governed by the Crimes (Domestic and Personal Violence) Act 2007 and are known as Apprehended Domestic Violence Orders. The process of obtaining these Orders also differs between states and territories.
Adoption and Fertility and Family Creation Matters
Adoption and fertility and family creation matters (such as surrogacy arrangements, donor agreements)are also governed by state and territory-based legislation. In the ACT, adoption matters are governed by the Adoption Act 1993 and surrogacy and fertility and family creation matters are dealt with under a number of different acts of legislation, including the Parentage Act 2004 and Assisted Reproductive Technology Act 2024.
R+ M Law are able to assist and advise you about family law, family violence, care and protection, adoption and fertility and family creation matters. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email at info@rmfamilylaw.com.au, or get started now online.