Family Law FAQ in Darwin

Remember that each case is different. The information given is often general. You should seek advice about your specific situation from Maleys Barristers & Solicitors.

Many people think that when a child turns a certain age (16, for example), they can automatically decide which parent they want to live with.

Family law orders can be made about a child before he or she turns 18.

The older and more mature a child is, the greater the weight the court may give to their wishes (section 60 CC Family Law Act). The views of the child, however, is only one factor that must be looked at when considering orders that are in the child’s overall best interests.

Yes.

You can make an application to the court for an injunction until the matter is fully considered by the court. An injunction is like a restraining order that is put in place to stop the residence of the children being relocated interstate.

However, even if this order is made on a short-term basis, the court may decide that in the long term, it is in the best interests of the children for them to live interstate.

No.

A divorce application is a separate proceeding to parenting and property proceedings.

However, the court may not grant a divorce unless suitable arrangements have been made for any children under 18. This is why information about children under 18 needs to be included in the divorce application.

No.

A divorce application can be made by one person as a sole application or by both parties as a joint application.

If an application is made and your ex-partner doesn’t agree, the matter can be listed for a hearing.