Family law is indeed where the greatest number of cases of civil disputes are settled. Family law involves child custody, divorce, prenuptial agreements and such. Family law is always a very intricate issue to handle as evidence to persuade the jury is always hard to find. Family lawyers Melbourne specialize in legal matters related to family as well as Child laws.
Plenty of cases of fathers or mothers being unfairly stripped of their right to raise their child has occurred because of past decisions or unfair framing by the opposition. People generally don’t pay much focus on acquiring the help of talented lawyers for family cases because they underestimate the proceedings. This is very much untrue; family cases require exceptional talent to convince the court why you are in the right.
The statistics observed
Australia is not behind in the number of citizens that run into the family law system. In 2016, it was reported by the Australian Bureau of Statistics that divorces about 46,604 in number in Australia were registered in the court. Out of which, 40,202 cases involved children under 18.
While there is no accurate representation of the annual number of long-term relationships that end annually, it can be said that at least an estimate of 150,000 Australian adults and children undergo family break up each year.
This adds up to a staggering number of one million in just a span of six or seven years which is a large proportion of the population that legislators must take note of. Family law solicitors Melbourne have the required experience and knowledge to help you with all the family law related legal matters.
How we help
We are a group of family lawyers Melbourne that has many successful cases of child custody disputes, divorce settlements etc. We believe in settling disputes before having to go to court. A trial may end in outcomes that can later be ruled as unjust.
The unfortunate scenario of separated families having an unhealthy lifestyle for their children, divorce settlements that are unjust to a party, child custody disputes where the wrong parent receives custody of the child and continuing issue of child abuse that does not provide any solution for the children has called the family law system of Australia to be worth reviewing.
Family Court of Australia and Federal Court combine to form one system
Attorney General Christian Porter to the Family Court of Australia and the Federal Circuit Court announced that certain changes will be made to the existing family laws. The subsequent changes to be made after the ongoing review will be announced and put into action in early 2019.
The two bodies, Family Court of Australia and Federal Circuit Court will be combined into one so that the piling cases of family disputes don’t go through agonising waiting time to be settled in court. This will improve efficiency since there will no longer be a need of having to transfer the cases between systems. Family lawyers Collingwood stand as one of the best legal solicitors to help you through with all the legal matters.
Family Law Act Amendment
The current system’s need for revision is voiced unilaterally by all the bodies that partake in it. Clients, lawyers, judges, politician and even social studies experts have all come to agree that the system is inherently flawed and does nothing to help the victims. There is no possible defence for the way things are now, seeing as it fails to resolve family disputes properly and for many, caused more harm than good.
The change to be witnessed in 2019 will be from the Australian Law Reform Commission (ALRC) review into the Family Law Act. The Family Law Act has gone through many small amendments since 1976, none of which made significant impacts.
Thorough review of existing family law system
The Turnbull government has directed the Australian Law Reform Commission to conduct a thorough review of the existing family law system that was written since its inception in the Family Law Act of 1976.
The review will focus on the necessary changes to be made which can target prevalent issues of family violence and child abuse while not forgoing the needs of the Australian Community. The report detailing the changes and observations will be provided by the Australian Law Reform Commission in March 2019. The report will be the catalyst to making notable legislative changes to the Family Law Act. Family law specialists Melbourne are up to date with their knowledge and have great experience in all the legal issues and their solutions.
What should the reforms actually focus on?
What exactly is to blame for the failing of the justice system in matters of family law? The blame can be shifted to many factors, insufficient government funding, adversarial lawyers, court inefficiencies etc. The reform should not try to focus on just one or more of these factors; it shouldn’t try to avoid blame but rather focus on ways to produce more solutions to existing problems.
The broken families have very little to gain by just fixing funding issues and the lawyers. They need solutions that can support the dysfunctional nature of their family. The Child support lawyers of Melbourne are looking for alternatives that ensure a healthy growth environment for the kids that are victims of separation and abuse.
The latest Family Law Amendment
On the other hand, another change in the legal proceedings will be in full effect during early 2019.
On 1 March 2018, a family law amendment came into effect which laid out rules and new forms on the various cases dealt in family courts. The amendment had an initial grace period of three months which was later extended to 6 months. The amendment will come into effect after the grace period, on 1 February 2019.
The New Forms
After the grace period, A guided electronic option will be put into place in the Commonwealth Courts Portal. The forms will be for:
- Application for Consent Orders
- Notice of Child Abuse, Family Violence or Risk of Family Violence
- Annexure to Proposed Consent Parenting Order.
From the first of March onwards, the Application for Consent Orders must be used when filling hard copy of the form or by using the unguided option in the Commonwealth Courts Portal.
Our team of family law specialists in Melbourne are happy to see the possibilities of the reformation. Our goal is to provide our clients with a fair and successful trial that later leads to a stable and happy life. We are left to question our work when child custody lawyers in Melbourne come out victorious in trials but fail to help the children in ways that require more than a court hearing. VIC family lawyers will provide you with the best of services related to all types of legal matters. Whether it is consulting or preparing documentation, they will guide you through with their expertise. The changes to be made in 2019 will serve as a pathway to fairer trials and happier individuals.