With comprehensive shifts projected across Australian Family Law as policymakers continue to account for emerging contexts including the use of AI and evolving definitions of family violence in the digital age, our legal team at Oxford Partners Lawyers have prepared the below list of areas where we can anticipate legislative and regulatory updates in the coming years.

Here are key areas of Family Law that our legal team are keeping a close eye on over 2026.

Legislative/regulatory updates to anticipate in and post-2026

AI in Family Law

The use of AI in Family Law case management and Court proceedings has been heavily contested in recent years, with instances of AI use being recognised and met with severity from the Federal Circuit and Family Court of Australia as recently as November 2025. In the case of Mertz & Mertz (2025), the use of AI to prepare a Summary of Arguments and List of Authorities resulted in errors across the documents, and the Court ordering costs of $10,000 be paid to cover the delays resulting from making the necessary corrections to those documents before retrial.

This case speaks to the Court’s concerns that the use of AI will dilute the quality and reliability of supporting documents in Family Law proceedings, which runs the risk of wasting Court resources in handling and assessing false or incorrect documentation.

Given the risks of continuing time wastage and process delays, it’s highly likely we’ll see legislation surrounding the use of AI in preparing legal documents and potentially across other facets of case management and Court proceedings in the next few years. Our legal team will be anticipating news of at least a bill being introduced to Parliament with the intention of introducing legislation for the use of AI in Australian Law proceedings.

How this may affect your Family Law proceedings

Parties who have been found to have used AI in preparing documents for their Family Law case may not be held in high regard by Court officials, and future instances mirroring Mertz & Mertz (2025) may be used as supporting evidence in calls for AI legislation by policymakers. 

It’s best to avoid using AI for the preparation of legal documents given the elevated risk of errors and AI biases being reflected in documentation. Similarly, our current stance at Oxford Partners Lawyers is that none of our clients nor our Family Lawyers should use AI to facilitate any elements of case preparation and management. 

Data privacy

Data breaches are becoming increasingly common worldwide, posing great risks to consumers and businesses. With minimal legislation currently in place for Australian corporations tasked with the responsible management of consumer and business data, lawmakers are spearheading privacy reforms with the intention of protecting Australian families from the risks of sensitive personal and financial data being leaked in data breaches.

In 2024, the Privacy and Other Legislation Amendment Bill 2024 was introduced to Parliament, outlining a new statutory tort for serious privacy invasions, as well as increased penalties for non-compliance to privacy legislation, and new criminal offences for publishing personal data with malicious intent or to harass individuals. 

Ultimately, the Privacy and Other Legislation Amendment Bill 2024 highlights the responsibilities of not just corporations trading within Australia, but also of Australian citizens in upholding the reasonable rights of others to data privacy.

How this may affect your Family Law proceedings

Digital footprints are now a major point of assessment in Family Law proceedings, with Family Lawyers assessing content on social media profiles across parents, family members, and children as supporting evidence in Family Law matters.

If there is any potential evidence that a party has violated the reasonable right to privacy of another party or of a child, they may be charged with criminal doxing (i.e. the intentional online exposure of an individual’s identity, private information, or personal details without their consent). 

These criminal charges may in turn, affect the outcome of Family Law proceedings in favour of the other party/parties.

Children’s Online Privacy Code

With the social media ban for under-16s having come into effect in 2025, the Office of the Australian Information Commissioner (OAIC) is paving the way for additional legislation designed to protect children from privacy risks associated with accessing content online without supervision. This push for action was also prompted by the publication of the Privacy and Other Legislation Amendment Act 2024, which introduced a mandate for the OAIC to develop a Children’s Online Privacy Code designed to put children at the centre of privacy protections in Australia.

The Code has since been approved following consultations with industry stakeholders, academic experts, and civil society reviews. We can expect the Code to be in place by December 10th, 2026.

Under the Children’s Online Privacy Code, social media services and other electronic services (i.e. messaging apps, email services, video conferencing software, online games, etc.) and designated internet services (i.e. cloud storage solutions, download/upload websites, streaming platforms, consumer IoT devices, etc.), must comply with Australian Privacy Principles (APPs) and all other relevant requirements.

How this may affect your Family Law proceedings

The development of Children’s Online Privacy Code indirectly reinforces parental responsibilities for their children’s online safety in Australia’s legal landscape. Given the observed emotional and psychological risks of exposing children to disturbing or age inappropriate content online, incidents where a child’s online safety has been compromised may become relevant in custody discussions in the near future. 

Ultimately, maintaining children’s safety online is a collective responsibility upheld by parents, family members, schools, and corporations that provide social media, electronic, and/or designated internet services.

Family violence 

The Family Law Amendment Act 2024 was put into effect as of June 2025, with review of the amended legislation set to be carried out as soon as possible following the 10th of June 2028. As the legislation is still relatively new, Family Lawyers across Australia are scrutinising the impacts of the amendments across recent case records, and implementing findings for their own clients.

One of the key changes outlined in the Amendment Act was a redefining of ‘family violence’ to include financial and economic abuse (i.e. controlling the access to money of another party, purposefully inhibiting another party’s capability to maintain a consistent income, dowry abuse, etc.).

How this may affect your Family Law proceedings

New and expanded examples of family violence have been included in the Amendment Act 2024 to support Australian families in maintaining legal precedent to support claims of family violence relating to financial coercion and controlling behaviours. 

These new examples and expanded, more culturally inclusive definitions will ultimately ideally make applications for intervention orders easier and more feasible for Australian families, alongside providing parents who have experienced abuse with greater support in facilitating just and equitable property settlements.

Stay in the loop with Family Law updates with our legal blog

Although there are anticipated to be more tech-focused amendments to Australian legislation in the years to come, the key areas we’ve outlined above were selected due to the great activity that has been observed surrounding reform and in state and federal courtrooms over recent years.

Our team at Oxford Partners Lawyers are passionate about keeping their finger on the pulse, which is why we stay on top of Family Law updates across our legal blog. If you’d like to keep in the loop with us to ensure your own Family Law cases stay well-informed, then explore our wider blog at our website, or contact us directly to speak with a member of our legal team, or to book a complimentary 30-minute preliminary consultation to discuss your current and future Family Law matters further.

These support services help Victorian families maintain access not only to legal representation but also to non-legal advocacy. Ultimately, Legal Aid helps Victoria’s legal system evolve to meet the shifting needs of Australian families and to support our legal processes in staying safe, accessible, and inclusive for all Victorians.

In Victoria, Legal Aid works tirelessly to provide much-needed support for families tackling Family Law matters like financial settlements, and offering empathetic insights into cases involving children like child custody matters. However, VLA has limited resources and thus, a limited capacity to offer their services for all Victorian families and households in need. As a result, Victorians must apply for Legal Aid, following processes designed to assess their eligibility, and streamline their access to support.

Below, our Family Lawyers at Oxford Partners Lawyers have outlined how Melbourne families can apply for Legal Aid, as well as more information on how eligibility is assessed, and what services are available for those seeking legal support in Victoria.

Who is eligible for Legal Aid in Australia?

Only citizens that fall within a set parameter of financial circumstances and who require legal assistance relating within a detailed list of legal matters will be eligible to receive Legal Aid in Australia.

In Victoria, legal problems must meet a reasonableness test called a merits test to determine whether those circumstances would benefit from receiving ‘a grant of legal assistance’ (i.e. for VLA to pay for a lawyer and/or other legal services to offer the support required). 

As per the Victoria Legal Aid website, the merits test typically considers the following criteria:

• The estimated benefits to you (and the public) resulting from a grant of legal assistance
• Whether those benefits justify the cost/s of that legal assistance
• The estimated likely harm to you if the grant of legal assistance is refused
• Whether the court proceedings are likely to result in a positive outcome for you
• The general financial risk of providing the grant of legal assistance
• Whether it is in the interests of justice to have that grant provided
• Whether there are reasonable grounds for an appeal in instances where the legal problem is a criminal appeal

How do I qualify for Legal Aid in Victoria?

To qualify for Legal Aid in Victoria, you must first complete VLA’s means test to assess your financial circumstances.

In Victoria, eligibility to qualify for Legal Aid depends on meeting requirements outlined in the VLA means test to get a grant of legal assistance. The means test assesses financial information like your income, assets, and expenses to determine whether you and anyone else who gives you financial support (i.e. a spouse/partner, or family member, etc.), meets the financial circumstances to justify receiving a grant of legal assistance rather than securing legal assistance privately and independently.

Some of the considerations taken into account by the means test includes:

• Total income (i.e. weekly/fortnightly/monthly pay received from employers, welfare benefits, and all other sources of income)
• Weekly living expenses (i.e. for individuals or households in the context of Family Law matters)
• Dependents (i.e. children and other family members that rely on you for care or financial support)
• Assets (i.e. property, vehicles, or any other assets of substantial value)

How to apply for Legal Aid: Step-by-step

The process of applying for Legal Aid is designed to be easy and intuitive, supporting Victorians in need in accessing the support they need promptly and efficiently.

Here’s how you can apply for Legal Aid in five simple steps. Note that this process can be completed independently, or with support from your Family Lawyers and/or legal specialists from Victoria Legal Aid.

Step 1: Consult with your lawyer or contact Legal Aid directly

If you’re working with a Family Lawyer who’s already accredited under VLA’s Family Law panel (like we are), then you can commence your Legal Aid application process by first consulting with your lawyer and determining what work or services you will need covered by the grant of legal assistance.

Note: VLA also recommends individuals seeking a grant for legal assistance contact their offices directly to discuss their legal matter and eligibility for a grant. Representatives from VLA can confirm for you over a phone call whether your circumstances may position you to meet eligibility requirements. If it’s clear that you are unlikely to meet eligibility requirements from this preliminary phone call, Legal Aid representatives may recommend you don’t fill out the grant application. If, however, you still feel you may be eligible even following a preliminary discussion with Legal Aid representatives, consider consulting with your Family Lawyer.

Step 2: Fill out your application and send via post or email

The application form for a grant of legal assistance is readily available on the Victoria Legal Aid website. The application process consists of the formal application form, as well as the attachment of relevant financial documents (i.e. bank statements, payslips, tax returns, pensions, etc.) and legal documents (i.e. court orders, charge sheets, etc.).

Once this application and the accompanying relevant financial and legal documents have been attached, you can submit your application via email to grants@vla.vic.gov.au, or by postage to the Grants and Quality Assurance offices, the address of which is available at the VLA website.

Step 3: Accept your offer of a grant for legal assistance

Once VLA have assessed your application, they can either reject or approve your request for a grant of legal assistance. If they approve your application, they’ll send a grant letter that outlines:

• What assistance they will pay for (i.e. the ‘cost ceiling’ of your grant)
• Any conditions surrounding the grant
• Your obligations to them as a grant recipient
• Your lawyer’s name and contact details
• The date your assistance begins
• Your rights if you do not agree with the nature or extent of your legal assistance, or conditions imposed.

If you accept the value and conditions of your grant, you can continue onto Step 4 below.

Step 4: Process any necessary contributions and charges

Confirming your acceptance of your application for Legal Aid may require you to process contributions and charges, these being payments towards the cost of your lawyer that aren’t covered by your grant. Details surrounding any necessary contributions and charges will be outlined in your grant letter, so it’s recommended that you contact VLA directly and consult with your lawyers if you need any additional information on contributions and charges outlined under the conditions of your grant.

Step 5: Select your lawyer from the practitioner panel

The final step of the process of applying for Legal Aid is simply selecting your legal representatives from VLA’s list of practitioner panels.

If you don’t have a lawyer, VLA will allocate a firm or specialist from their practitioner panel that aligns with your Family Law matter.

What does Legal Aid cover?

Legal Aid is designed to cover some or all of the following types of work provided by a lawyer:

• Legal advice
• Support with dispute resolution
• Preparation of legal documents (i.e. custody arrangements, financial disclosures, etc.)
• Court representation

Alternatives to Legal Aid

If you fail to qualify for Legal Aid, there are other alternatives to securing access to the support you need. Some of the options that may be available to you include:

Pro bono schemes and flexible payment options

Family Law firms across Victoria may provide pro bono legal advice and other services with flexible payment options for families navigating Family Law matters.

Explore our flexible payment options designed to accommodate our local clients at Oxford Partners Lawyers.

Law Institute of Victoria (LIV) referrals

The Law Institute of Victoria manages a ‘Find A Lawyer’ referral service that helps connect Victorians with suitable lawyers for a free 30 minute consultation. These consultations can be beneficial for discussing legal matters, and gaining a clear understanding of the pathways and options available to you when taking legal action.

Justice Connect

Justice Connect works in partnership with the Supreme Court to deliver legal support for individuals who are looking to bring a proceeding to the Court. Like VLA grants for legal assistance, access to the free legal support and services offered by Justice Connect is contingent on meeting the organisation’s eligibility criteria. 

Learn more at the Justice Connect website here.

Community Legal Centres (CLCs)

CLCs are independent community organisations that are designed to provide free legal services to local community members that may be experiencing economic or social hardships and may not be able to access legal services independently as a result. Neighbourhood justice centres are a strong example of local CLCs.

You can find a full directory of Victoria’s CLCs at the Federation of Community Legal Centres website here.

Victorian Aboriginal Legal Service (VALS)

Designed to provide legal aid services to Aboriginal and Torres Strait Islander peoples in Victoria, the VALS operates across both Melbourne and regional Victoria, offering services to all who meet their eligibility requirements.

Learn more about the VALS at their website here.

Djirra Legal Service Program

With a focus on family violence and related Family Law matters (i.e. intervention orders), the Djirra legal services are designed expressly to support Aboriginal and Torres Strait Islander people who are currently experiencing or have recently experienced family violence.

Q+ Law (Victorian Pride Centre)

For individuals looking to secure free legal support for LGBTQIA+ Family Law matters, look to the Q+ Law program facilitated by the Victorian Pride Centre. Alongside offering support with LGBTQIA+ Family Law, the Q+ Law program also provides general in-person and remote support and services operated by trained legal specialists with strong working knowledge of existing barriers to legal support for LGBTQIA+ citizens.

Secure support from Oxford Partner Lawyers for all Family Law matters

At Oxford Partners Lawyers, we recognise that Family Law costs aren’t always easy for Melbourne families to accommodate, especially for households that are currently navigating a marriage separation. As such, we take efforts to make sure our services stay not only empathy-driven, but also sustainable and accessible.

Alongside offering a free 30-minute preliminary consultation, our dedicated Family Lawyers are also proud to be listed on the practitioner panel with VLA, supporting their efforts to ensure that all Victorian families can maintain access to high-quality legal services.

If you’d like to work with Oxford Partners Lawyers under a Legal Aid agreement or would like our expert assistance with navigating a Legal Aid grant application, then don’t hesitate to contact us at (03) 9670 7577 to make an appointment at our Melbourne office.

Legal Aid FAQs

• Is legal aid free?

No, legal aid is not always free. In some cases, contributions and charges may be required to cover the costs of legal services that surpass the cost ceiling of your grant agreement.

• How much legal aid am I eligible to receive?

In your grant letter, Victoria Legal Aid will outline what the cost ceiling of your grant will be, and why that limit has been set. If you have any questions surrounding the limitation of your legal aid, Victoria Legal Aid recommends consulting your lawyer.

• How does my lawyer get paid in legal aid arrangements?

Your lawyer will be paid directly by the Victoria Legal Aid. Note that your lawyer cannot legally ask you as their client to pay for any of the services that are covered under a grant of legal assistance. 

• What are the conditions for receiving legal assistance from Victoria Legal Aid?

Standard conditions of legal assistance are as follows:

1. You must tell VLA immediately: 

(a) if you change your address while you are either receiving legal assistance or while you owe money to VLA 

(b) there is any change in any information in your application (c) there are any other changes that may affect your eligibility. 

2. You allow your lawyer to give us any information we need to carry out our functions under the Legal Aid Act 1978. 
3. Your lawyer must tell us if they receive any money on your behalf. 
4. If you receive money following a court case (other than for damages), you must give this money to us.

Failure to follow these conditions may result in termination of your grant of legal assistance, which may involve you paying some or all of the costs of your case up to the point of the termination of your grant.

• How do I request reconsideration of my grant decision?

If you are dissatisfied with your grant letter, you have 14 days to formally request in writing that Victoria Legal Aid reconsider their decision and outline your reasons for the reconsideration. Upon receiving this request, Victoria Legal Aid will review and respond with confirmation of whether they will be changing their decision, or whether it will remain the same.

If you are still dissatisfied following their response, you can request a review of your grant application from an independent, third-party reviewer. This independent review (external to Victoria Legal Aid) must be requested in writing within 21 days of the initial decision and grant letter. The independent reviewer will assess your original application, the grant letter, and other relevant provided materials and documentation to make a final impartial decision.

The decisions they make across Family Law cases that refer to new contexts can ultimately influence the outcome of future decisions – including across your own Family Law matters. This is why our legal team at Oxford Partners Lawyers advocates for staying up-to-date on all the developments within Australian Family Law.

Thankfully, our team is here to outline top High Court Family Law decisions that have piqued the attention of Family Lawyers across Australia over the 2025 calendar year. Here are the top decisions made by the Federal Circuit and Family Court of Australia in 2025 that we estimate will have a lasting impact on the Family Law Act, and future Court proceedings for Family Law matters.

Major High Court decisions recorded from 2024-2025

Use of AI in Family Law documents – Mertz & Mertz (No 3) [2025] FedCFamC1A 222

In Mertz & Mertz (No 3), the FCFCOA saw that artificial intelligence was used in the preparation of the appellant’s ‘Summary of Argument’ and ‘List of Authorities’. As a result, the authorities were reportedly incorrect, and the Court demanded clarity on the extent and nature of the use of AI, including what AI tools were specifically used to prepare the documents.

As the use of AI in this instance resulted in the Court being provided with incorrect references, the Court made an order that the former solicitor for the appellant pay the respondent $10,000 as the costs of sunken time (i.e. time spent on correcting the AI errors). 

How this decision may impact your Family Law matters

The use of AI in Family Law is still a heavily contested issue, with some legal analysts recognising the value of artificial intelligence in streamlining document preparation and ultimately, reducing legal costs. However, in instances where AI-generated documentation records errors, the reduced consultation time and legal fees may be cancelled out by Court orders to cover costs associated with correcting mistakes in presented documents.

In generating legal agreements, the use of AI can also enable AI biases that culminate in sexist or other discriminatory resolutions to Family Law matters, such as an ex-wife’s needs being favoured over an ex-husband’s in a child custody agreement.

As there are no plans from AI developers to rectify these issues and support the technology being more suitable for legal applications, the FCFCOA will likely be responding poorly to the use of AI.

Financial non-disclosure in property settlements – Willis & Mulder [2025] FedCFamC1A 217

In this incredible case, a wife filed an appeal from final property settlement orders on the basis that the primary judge overlooked the husband’s potential financial non-disclosure. Post-trial evidence exposed gross dishonesty not only from the husband but from both parties, recognising that the total realistic value of some assets on both sides (incl. jewellery, musical instruments, two dissolved off-shore corporations, and Australian bank accounts), were not properly disclosed in the primary Court proceedings.

The new evidence revealed extensive inconsistencies in the husband’s original financial disclosure documents, where the original documents established him as unemployed and on a pension. In actuality, the husband had recorded an annual taxable income of $176,000 and affirmed he was self-employed. This new evidence prompted the Court to schedule a rehearing and for costs ordered in a fixed sum.

The judge ruling over this current appeal proceeding ruled that no error was made by the primary judge over the original property settlement order on the basis that had the post-trial evidence been made available to that judge, the original ruling would have been more balanced for both parties.

How this decision may impact your Family Law matters

Property framework amendments are among some of the Family Law changes as of June 2025, with the Family Law Amendment Act 2024 highlighting the duty of disclosure in financial or property matters from both parties and elevating the possible consequences of non-compliance with that duty.

For future Family Law cases, parties who’ve demonstrated non-compliance with their duty of disclosure may experience more adverse consequences including punishment for contempt of Court, including costs orders and potential consideration of that non-compliance in determining Court rulings.

False allegations of sexual abuse – Joustra & Schuman [2025] FedCFamC2F 1478

In this case, a mother sought an appeal for a parenting agreement that had originally been instated in 2023, on the grounds that her child (b. 2019) had been a victim of sexual abuse at the hands of his father. After asserting that the child had notified her of the abuse in 2024, the mother cut off all contact with the father, thereby breaking the parenting agreement on the basis that she was concerned for the welfare and safety of her child.

Law enforcement officials and medical professionals were brought into interview and evaluate the child for evidence of sexual abuse and no such evidence was found by the assessors. Despite this, the mother asserts they continued to believe the claims of their child, and exposed the child to repeated questioning by herself and third-party specialists, including the family’s therapist.

The Court ascertained that the child had developed immense distress and confusion due to the continuing questioning, and called into question the mother’s conduct and whether the distress was resulting from the child’s exposure to a potentially false narrative.

Court proceedings ended with the mother eventually conceding that her belief is the father did not sexually abuse his child, which prompted the judge to recognise it was in fact, the child’s mother and not the father that posed a risk to the child’s emotional and psychological safety. This prompted the establishment of a protective order, wherein which the father would have sole parental responsibility over the child, with an eight week moratorium on time with the mother which would give way to a gradual transition from supervised to unsupervised time, dependent on the mother’s continuing progress in therapy and compliance with the protective order.

How this decision may impact your Family Law matters

False allegations in custody disputes are treated with proportionate severity by the Family Court of Australia, and may even incur criminal penalties in cases where the allegations have adversely affected parties. Under the Family Law Act of 1975, legal repercussions for false allegations also includes provisions for the accusatory party being responsible for Family Law costs for the other party that were resulting from their having to respond to the falsified claims made against them.

In this instance, the judge ruled that the mother was required to undergo psychiatric treatment herself before any chances of reconciliation with her child would be possible. With the fair yet still unfortunate outcome of this case in mind, we advise our clients at Oxford Partners Lawyers to consider the legal repercussions of false allegations before bringing any claims to Court.

Stay up-to-date with Family Law developments in our blog

The Federal Circuit and Family Court of Australia make their rulings based on what outcomes will best support the safety of the parties involved, and conserve the time and attention of the Court. In key cases such as the three we’ve outlined above, the final orders demonstrate areas for potential future amendments to the Family Law Act of 1975 to better support the efficiency of Court proceedings and ensure more swift, positive outcomes for parties involved.

If you’d like to stay in the loop with legal news, then explore our wider blog here at Oxford Partners Lawyers, or check out our legal resources page to see where you can find more information on the Federal Circuit, the Family Court of Australia, and other Family Law entities and organisations. 

Below, our legal team at Oxford Partners Lawyers have summarised the Family Law reforms that were rolled out as of June 2025 for your ease of reading. 

Summary of Major Family Law changes (June 2025)

Schedule 1: Property

Family violence definition

The Amendment Act will now recognise economic or financial abuse as family violence within Section 4AB of the Family Law Act. 

This effectively means that the Court now considers controlling behaviours like restricting access to money, hiding assets, or taking out loans in a partner’s name as actions that purposefully create financial dependency and reduced autonomy for the affected partner.

The Amendment will also include new examples of dowry abuse to support legal precedents for future cases that explore economic or financial abuse in culturally diverse families.

Property framework amendments

The Family Law Amendment Act also includes a simplified and codified 4-step process for dividing assets following a divorce or separation. The new framework is as follows:

Step 1: Identify the property pool

Outline all assets (income, property, savings, etc.), liabilities (businesses, debts, etc.), and superannuation interests. 

Step 2: Assess contributions

Assess both financial (income, etc.) and non-financial (homemaking, parenting, etc.) contributions to accurately identify each party’s legal and equitable rights and interests in the total property pool.

Step 3: Consider future needs

Consider the current and projected future circumstances (i.e. age, health, income capacity, care of children, lasting impacts of family violence or economic abuse, etc.). At this step, the Court can use realistic projections of future needs to make an adjustment in favour of one party if it would be just and equitable to do so.

Step 4: Ensure the final outcome is just and equitable

Determine the final overall percentage split of the property pool. Here, the Court must outline specific properties, finances, and liabilities to implement the proposed split, and be satisfied that the proposed split is fair and equitable.

Note that Family Law Courts can approach these steps in any order. The framework is not considered to be a linear process, but rather to provide a clear pathway for amicable separations that balance both contribution and circumstance.

Spousal maintenance

Under the Amendment Act, family violence has now been added into the list of factors that the Court can consider when assessing grounds for spousal maintenance orders. Where relevant, the Court will now consider the economic effects of incidents of family violence to which one party has subjected or exposed the other party.

Companion animals

Under the Amendment, pets that aren’t assistance animals nor kept for more than one purpose (i.e. companionship and sheepherding, for example), will no longer be treated as property but rather as ‘companion animals’. In determining which party will be granted rights of ownership to a companion animal in separation or divorce proceedings, the Court can now take into consideration:

• Any history of actual or threatened abuse towards a companion animal
• Any attachment/relationship to the companion animal by a party or a child
• The ability of each party to provide care for the companion animal over the foreseeable future

Animals that are not classified as ‘companion animals’ will still be dealt with as any other type of property interest. 

Less adversarial approach

The Amendment Act outlines the Court’s authority to proceed with a less adversarial approach, aiming to reduce intimidation and stress of court processes for families. 

This less adversarial approach can include:

• using technology to facilitate remote attendance where there are allegations of family violence,
• allowing evidence of the occurrence and effect of family violence which may not otherwise be admissible,
• suspending portions of the rules of evidence (unless the Court orders they should apply to an issue in proceedings in exceptional circumstances).

The table above (taken from the Attorney-General’s Department PDF on Family law changes from June 2025) outlines how you can determine whether the less adversarial approach can be either automatically applied to your proceedings, or can only be applied with consent of the parties or at the discretion of the Court.

If you have any questions on the table above, don’t hesitate to contact our legal team at Oxford Partners Lawyers for more information.

Duty of disclosure (in property and financial matters)

Under the Amendment Act, the duty of disclosure now applies from the moment negotiations for property and financial settlements begin and all the way through until a resolution has been reached. Non-compliance to the duty of disclosure will now be met with stronger penalties (including potential criminal penalties such as fraud charges), and the overturning of agreements made when assets were hidden.

Details that must be disclosed include:

• All assets and liabilities
• Superannuation
• Any interests held in trusts and/or companies

Arbitration

The Amendment Act includes a single, collated list of matters that are eligible for arbitration. This helps remove unnecessary distinctions between the types of Family Law matters that can be arbitrated privately or by Court order.

Under the Amendment Act, an arbitrator can now also apply to the Court for orders about the conduct of the arbitration. This includes requesting the termination of an arbitration in cases where a change of circumstance has made the arbitration no longer appropriate or potentially even unsafe for any parties involved.

Schedule 2: Children’s contact services

The Amendment Act enables the Australian Government to establish accreditation requirements for children’s contact services (CCS). These requirements are to be formally established as industry regulations.

Once these new regulations are enacted, Courts will only be able to refer Australian families to accredited CCS providers. Penalties can apply for non-compliance from CCS providers.

The Amendment Act now also limits the sharing of information that could potentially compromise the safety of children and families in accessing CCS. The example provided here by the Attorney-General’s department is details of a public transport route and schedule that a family member might use to attend a session.

Schedule 3: Case management and procedure

Removing limitation on applications for divorce

Prior to the rollout of the Amendment Act, couples who had been married for less than two years first had to attend counselling and obtain a certificate outlining that they had accessed professional support to consider the possibility of reconciliation. The Amendment Act has now removed this requirement, ensuring that couples who have been married for less than two years will now be subjected to the same processes under Part VI of the Family Law Act. 

Note: couples must still be separated for a minimum of 12 months and one day to be eligible to apply for a divorce order.

Attending family dispute resolution before applying for Part VII orders

To be eligible for a successful application of a parenting order, parties must now be required to file a certificate from an accredited family dispute resolution practitioner to confirm that parties have attended family dispute resolution, and that the practitioner in question does not consider FDR to be the appropriate path of action for the unique circumstances of those parties.

Exemptions of this FDR certificate are as follows:

• There is documented urgent need for the parenting order
• There has been child abuse and/or family violence by a party
• There is a risk of child abuse/family violence by a party if a delayed approach is taken
• A party is unable to participate in FDR (i.e. due to geographic location or other incapacity)
• There’s historic evidence that a party who has allegedly contravened an order made in the last 12 months behaved in a way that shows a serious disregard for their duties/obligations under that order.

If none of the above exemptions are demonstrated, the Amendment Act now allows the Court to reject a Part VII (parenting) application for filing if no FDR certificate is presented, however parties can seek a review of this rejection in some instances if required. 

Attendance at divorce proceedings

Changes to Section 98A of the Family Law Act now allows the Court to hear sole divorce applications without attendance at Court (even if there are children under the age of 18 years to the marriage). Under the Amendment, divorcing parties will also have the same court attendance requirements, regardless of whether they file solely or jointly, or whether there are children of the marriage.

Commonwealth information orders

In cases where a parent or guardian relocates with a child without consent from other parties involved in a parenting agreement, the Court can grant a Commonwealth information order (CIO) which compels Commonwealth departments or agencies to provide information concerning the location of that child to work towards the recovery of that child and/or the service of a parenting application.

Under the Amendment Act, CIOs are no longer limited to the child, a parent, or a person with whom the child lives. Now, the category of persons that Commonwealth departments or agencies may need to provide information to under a CIO has been expanded to include parents, siblings, grandparents, uncles and aunts, nieces and nephews, cousins, step-relatives, foster relatives, and any other person the court deems relevant and who

has a connection to the child (for example, a person who lives with or cares for the child).

Jurisdiction of state courts to make parenting orders

The Amendment Act outlines the operation of existing provisions of the jurisdiction of state or territory courts to approve Family Law parenting orders. The amendment explicitly empowers a state or territory court prescribed for the purposes of Section 69GA with the same jurisdiction under Part VII of the Family Law Act as if those proceedings were heard in a state or territory court of summary jurisdiction.

Protecting sensitive information

The Amendment Act includes provisions for preventing access to evidence relating to confidential communications (i.e. ‘protected confidences’) on the basis that disclosure of this evidence may be distressing and harmful to parties involved.

Some examples of evidence that falls under the umbrella of protected confidences includes:

• Where a person seeks treatment or support from health services, or family/sexual violence services
• Any other services where there is an express or implied obligation of confidentiality from practitioners 

When a party requests or subpoenas records which include protected confidences, the Court has the authority to make a direction to protect this type of evidence where access would be likely to cause harm to a protected confider or a child involved in the proceedings. 

Here, the Court will decide whether the harm (i.e. physical/psychological/financial harm, etc.) to affected parties or children were the evidence to be disclosed, would outweigh the desirability of accessing that evidence. In parenting proceedings, the best interests of the child will be the Court’s foremost consideration.

Schedule 4: General provisions

Costs orders

The Amendment Act now replaces the costs provisions in the Family Law Act to provide greater clarity about when and how the Court can make costs orders in Family Law matters. 

The amendments to cost orders includes:

• Provisions that were found in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 and Family Court Rules 2021 (WA) into the Family Law Act, including rules relating to when a party may make an application for costs, how costs will be calculated, and the types of costs orders that the Court may order
• Clarifications that recipients of assistance under the Family Violence and Cross-examination of Parties Scheme may be ordered to pay for costs of the ICL unless an existing financial hardship provision applies
• Clarifications that cost orders can be made against parties who previously received legal aid, but are no longer eligible due to a change in financial circumstances.

Rule-making power for a Family Court of a State

The Amendment Act provides a new power for a Family Court of a State to make its own rules of court when exercising its federal Family Law jurisdiction. These changes support the Family Court in Victoria to make and change Court rules without requiring approval from the judges of the Federal Circuit and Family Court of Australia (Division 1).

Review of approved methods and factors for valuing superannuation interests

The Amendment Act establishes a power to make regulations requiring superannuation trustees to review the actuarial formulas (called the approved methods and factors) used to value superannuation interests for Family Law matters. This includes transitional arrangements to be made for the Family Law (Superannuation) Regulations 2001, by providing the Minister with the power to approve ‘transition factors’ for calculating a non-member spouse’s entitlement after a family law superannuation splitting order or agreement.

Separation declaration requirements

The Amendment Act removes certain separation declaration requirements for parties seeking to split their superannuation by agreement, where the total value of a member’s superannuation interests exceeds the low rate cap set under the Income Tax Assessment Act 1997. This reflects that the low rate cap is no longer relevant for taxation purposes from 1 July 2024.

Have more Family Law questions? Speak with our team today.

All of the June 2025 amendments to the Family Law Act as outlined in the Amendment Act 2024 will be scheduled for review after the 10th of June 2028 to assess the efficacy of implementation and adherence to these amendments. 

Our legal team at Oxford Partners Lawyers anticipate the Parliamentary report outlining this review and plan to keep our clients updated accordingly.

To keep in the loop with this and more legal news, visit our blog. Or check out our legal resources page to explore the information provided above directly from the source at the Federal Circuit and Family Court of Australia websites and other relevant sources.

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 legalised same-sex marriage nationwide in Australia, ensuring LGBTQIA+ families have access to all Family Law processes, including divorce and separation, as well as property and financial settlements.

Although all families are supported by the Family Law Act, it’s important to keep in mind that LGBTQIA+ families still experience unique challenges relating to Family Law matters. This includes issues relating to legal parentage disputes (i.e. for cases of children born via sperm donors/assisted reproductive technologies, etc.), child support and custody arrangements, and combating a lack of historical references relating to LGBTQIA+ Family Law matters plus accounting for existing systemic biases and discrimination issues.

Below, our Family Law Lawyers at Oxford Partners Lawyers will be outlining some of the unique challenges and solutions relating to LGBTQIA+ Family Law in Australia, drawing from their years of experience in providing empathy-driven Family Law services to deliver key insights for rainbow families across Melbourne.

LGBTQIA+ Marriages & Relationships Under Australian Family Law

As mentioned above, same-sex marriage was legalised in Australia as of December 2017 with the enactment of the Marriage Amendment Act 2017. The enactment of the Act ensures that both married and de facto same-sex couples have the same rights and responsibilities as heterosexual relationships in Australia.

Are overseas same-sex marriages recognised in Australia?

When the Marriage Amendment Act 2017 was first enacted, it automatically recognised overseas same-sex marriages. You can ensure your same-sex marriage is legally recognised in Australia by providing the Registry of Births, Deaths and Marriages with either:

• an original or certified copy of your marriage certificate, and/or
• A record or entry of marriage issued by an appropriate authority from the country where the marriage was originally registered.

Does Australia recognise polyamorous relationships?

Although polyamorous de facto relationships are legally permissible in Australia, polygamy (i.e. an individual being married to multiple partners) is not. As such, marriage in Australia is defined as ‘the union of two people to the exclusion of all others, voluntarily entered into for life’.

Divorce & Separation for LGBTQIA+ Couples

As same-sex couples have the same rights and responsibilities as heterosexual couples under Australian Family Law, the same laws and processes surround divorce and separation agreements for LGBTQIA+ families.

This means that a married same-sex couple must be legally separated for at least 12 months before they’re eligible to file an application for divorce. Divorce is also on a no-fault basis, as per the Family Law Act 1975. 

The process for separation in LGBTQIA+ relationships is always equally straightforward for both married and de facto couples, requiring only the decision to end the relationship, and proceeding actions that make it clear the relationship has ended (i.e. changes to daily life, communication, finances, etc.).

Can separated same-sex couples continue to live together?

Yes, same-sex couples can still be separated but living under one roof. The Family Law Act 1975 accounts for separated couples who choose to continue staying under one roof for a variety of reasons, ranging from ensuring ongoing financial support following a separation, to supporting parenting agreements and the needs of any children/shared dependents.

Property & Financial Settlements for LGBTQIA+ Families

Both married and de facto same-sex couples have access to the same rights for property settlements, parenting matters, spousal maintenance, and all other Family Law matters relating to heterosexual couples. 

De facto same-sex couples must still, however, provide evidence to support their relationship before commencing with any settlement proceedings.

How to provide evidence of de facto relationship for same-sex couples

For same-sex de facto couples looking to commence settlement proceedings, evidence to support the legitimacy of their relationship can include:

• Financial evidence like joint bank accounts/mortgage or lease agreements, etc.
• Social evidence like photos, travel documents, social media posts
• Personal statements outlining a personal commitment (incl. statutory declarations from friends and family members)

Learn more about how to know if you’re legally in a de facto relationship here, and check out our additional blog to understand your legal rights within a de facto relationship for even more insights.

Parenting & Children’s Matters for Rainbow Families

For rainbow families with children, understanding your individual rights as parents is essential when navigating parenting and children’s matters. Under the Child Support (Assessment) Act 1989, a ‘parent’ is still only defined as either:

a) when used in relation to a child who has been adopted (an adoptive parent of the child); and

b) when used in relation to a child born because of the carrying out of an artificial conception procedure-a person who is a parent of the child under section 60B of the Family Law Act 1975.

This means that in cases of adoption where both parents have signed adoption documents, both parents are legally recognised as parents. However, in cases where only one parent has provided genetic material to be used in assisted reproduction and surrogacy arrangements like IVF or intrauterine insemination, only the parentage of the party that has provided genetic material is legally recognised under Australian Family Law.

As this definition of a ‘parent’ under Australian Family Law is also reflected in the Child Support (Assessment) Act 1989, this means that a birth parent cannot legally seek child support from a gay or lesbian co-parent, even in cases where a parenting order has been put into place.

What actions can you take if you are not recognised as the legal parent of a child resulting from a same-sex union?

If you have not been recognised as the legal parent of a child resulting from your same-sex union, you can still apply to the Federal Circuit and Family Court for a parenting order to formally recognise you as a ‘person concerned with the care, welfare or development of the child’. 

This parenting order can aid in ensuring you maintain a voice in child custody matters, supporting you in having a say in the living arrangements of the child, parenting responsibilities of all recognised parents and guardians, child maintenance agreements, and all other relevant factors relating to the care, welfare or development of the child.

These matters can be resolved in Family Court or via family mediation sessions following the granting of your parenting order.

Discrimination & Legal Protections for LGBTQIA+ Families

As the legal recognition of same-sex marriage is still relatively new in Australia, few families are fully aware of their rights, which can naturally inhibit access to Family Law resources. The lack of historical Court evidence relating to LGBTQIA+ cases also means that LGBTQIA+ Family Law matters don’t have access to the same volume of legal precedents as heterosexual couples.

Family Lawyers and Court officials in Australia do take this lack of directly relevant historical precedents into account, often drawing on insights from other specialists like medical professionals for instance, when evaluating cases relating to assisted reproduction and surrogacy, and other parenting and children’s matters.

Unfortunately, ongoing systemic biases towards LGBTQIA+ individuals in Australia can also result in fears of discrimination or judgement from law enforcement officials, medical staff, and other professionals. This further inhibits LGBTQIA+ individuals from reporting incidents of domestic or family violence.

What legal protections are available to LGBTQIA+ individuals under Australian Law?

In Australia, the Sex Discrimination Act 1984 was enacted to provide protection against unfair treatments based on sexual orientation, gender identity, or intersex status. The Sex Discrimination Act 1984 also prohibits discriminatory practices like denying services to LGBTQIA+ individuals, misgendering individuals, or pressuring individuals to alter their gender identity in any way. 

If you believe that you have experienced any discrimination as an LGBTQIA+ individual either by an employer or even by law enforcement and emergency service providers when reporting incidents of family violence, you can consult with a Human Rights and Discrimination Lawyer, and/or file a complaint with the Australian Human Rights Commission.

And in cases of family violence or domestic abuse, our legal team at Oxford Partners Lawyers urges any affected LGBTQIA+ individuals to consult with a Family Lawyer about securing an intervention order.

Consult with Oxford Partners Lawyers for LGBTQIA+ Family Law Matters

With decades of combined experience offering empathy-driven Family Law services, our legal team at Oxford Partners Lawyers possesses all the necessary contextual knowledge and competencies to handle LGBTQIA+ Family Law matters with the utmost respect and professionalism.

If you’d like to learn more about our tailored LGBTQIA+ Family Law services, don’t hesitate to get in touch with our team by calling (03) 9670 7577 to speak directly with a member of our team over the phone, or to book your free 30-minute preliminary consultation.

Want to learn more about your rights under Australian Family Law? Check out our legal advice and news blog for more information on Family Law updates, as well as more insights into complex Family Law matters like rainbow families, navigating de facto relationships, and more.

But the application of AI in legal settings can naturally also come with its fair share of risks – especially in Family Law matters, where an empathy-driven approach is essential for delivering the strongest outcomes for families.

Today, our team at Oxford Partners Lawyers will be drawing from their decades of experience and professional insights to answer a question that has likely been posed to many AI chatbots over the past few years: Can AI replace a family lawyer?

Why are Australians using AI for Family Law Advice?

Before we dive into all the risks and ethical concerns surrounding using AI to replace Family Lawyers, let’s first begin by saying we understand. Access to high-quality Family Law services may not be available for all Melbourne families, whilst asking Family Law questions to an AI chatbot is instant and comes with zero cost (and no need to travel either!).

The convenience of using AI for legal advice cannot be matched – but the efficacy and quality of that legal advice is still undeniably in question. As a result, AI chatbots are primarily being used to answer basic legal questions that directly relate to laws and policies. 

For instance, you can ask an AI chatbot that’s been trained on the Family Law Act of 1975 to provide specific excerpts for quoting purposes, or to summarise key sections of the Act – but not to provide dynamic solutions to legal cases based on the Act.

Note: if you’re looking to AI chatbots for more than just basic legal research, but are worried about Family Law costs, you can book a free 30-minute preliminary consultation with a representative from our legal team at any time. Don’t suffer in silence, nor try to bear the burden of your Family Law matters independently.

Risks of Using AI for Family Law Advice

We don’t mean to sound all ‘doom and gloom’, but there are very real risks to turning to ChatGPT and other AI tools for Family Law advice – just as there are risks for using AI chatbots for securing medical advice.

Here are just some of the dangers associated with using AI for seeking advice on Family Law matters in particular.

Lengthier & More Costly Court Proceedings

Did you know that some Family Law matters actually come with an application deadline? For instance, eligibility for spousal maintenance applications under the Family Law Act dictates that applicants must apply within 12 months of the Divorce Order taking effect, or for de facto couples, within two years of the relationship breakdown. Similarly, property settlements must be finalised within 12 months following a divorce, or within two years of the relationship breakdown in the context of de facto relationships.

In time-sensitive proceedings like this, it may end up being more costly to delay applications, family mediation sessions, and Court proceedings. So if you’re worried about racking up your billable hours through proactive communications with a Family Law team, remember that a proactive approach is always guaranteed to be simpler (i.e. with fewer variables and fewer time constraints) than a reactive approach.

Risks of AI Hallucinations

AI chatbots aren’t perfect by any means and as a result, they’re still delivering what programmers have begun to call ‘AI hallucinations’, or completely fabricated information. AI chatbots have been observed to create citations, quotes, and even whole books, standards, and policies. As a result, AI tools aren’t 100% reliable for legal research purposes, as there are always risks that an excerpt from an Australian law or Federal policy could end up being completely fabricated.

Confidentiality & Privacy Risks

In much the same way that Family Lawyers recommend their clients not share personal details on social media during legal proceedings as per Section 114Q of the Family Law Act of 1975, inputting privileged information surrounding a Family Law case has the potential to devolve into a breach of privacy/confidentiality for all parties involved. 

AI chatbots aren’t secure, and user history can be compromised, which may result in real-world impacts to Family Law proceedings. Privacy breaches caused by mismanagement of data in AI systems may also be grounds for litigation against parties found to be at fault.

0 Critical Insights = 0 Feasible Resolutions

Again, AI is still quite rudimentary and is incapable of offering dynamic solutions to complicated legal cases. Instead, AI chatbots are directly limited by the datasets they’ve been trained on, and won’t be able to offer any insights outside of those that have been precisely outlined across those datasets.

This means that when you use AI for securing legal advice, you’ll only be receiving exact legal advice that has been provided in the past – not advice that has been driven by critical thinking and tailored expressly to your Family Law matter/s. And if you aren’t receiving tailored legal advice, you simply cannot secure a feasible resolution to your legal matters.

Ethical Concerns of Using AI in Family Law

Alongside providing overly simplified and ineffective legal advice in individual Family Law cases, there are also very real ethical concerns surrounding the integration and sustained use of AI in Family Law. 

Here are just some of the key ethical concerns that our legal team have been highlighting in recent years.

AI Biases Resulting in Discriminatory Outcomes

There have been many recorded cases of AI models perpetuating systematic injustices when they’ve been trained on biased historical data. This algorithmic AI bias caused by outdated and insensitive data can hold real-world implications both in Family Law as well as if AI were to be applied to contract generation and policymaking. 

With AI programmers failing to fully address the risks of AI biases, the use of AI in Family Law can have detrimental effects on LGBTQIA+ individuals, multicultural communities, and all other minority groups. AI biases may also culminate in sexist outcomes that – in the context of Family Law proceedings for a heterosexual couple – may favour an ex-wife’s needs over an ex-husband’s or vice versa.

Reduced Accountability

With AI being used to generate legal contracts, the lines begin to blur when seeking to establish accountability in the event that mistakes or oversights are made. The need for accountability is especially important in Family Law matters, where missed details can hold drastic consequences for parties in Family Court proceedings.

Lasting Impacts to Policymaking

Zooming out and taking a more macro approach now, using AI for policymaking within Family Law also raises ethical concerns surrounding the quality and equality of Family Law policies. Family Law as a legal discipline often does not deal in absolutes, with Family Law policies like the Family Law Act of 1975 also being established in a way that allows Family Lawyers to exercise subjective reasoning. This capacity and space for subjective reasoning are integral to delivering solutions that accommodate all parties effectively. 

As AI tools are more inclined to use binary reasoning, there is reduced room for subjective and critical thinking, which means that AI-generated policy documentation may end up being too rigid and failing to reflect the realities of everyday life for Australian families.

Diminishing Value for Legal Clients

Would you rather work with Family Lawyers who are using AI, or who aren’t using AI? Currently, the answer to this question may still be a matter of personal preference – but if your Family Lawyers are using AI to generate contracts, Court Orders, and other documents for you but are still billing you for the time it would’ve taken to write these documents up manually, your consultation fees and legal fees aren’t working for you as strong as they could be. In these cases, it may ultimately be more cost-effective to work with Family Lawyers who don’t sacrifice on quality of service and attention to detail.

What Family Law Advice Should Be Given by Professionals?

To recap, here are some key examples of family law advice that you should only secure from real Family Lawyers – not from AI:

• Family Law research insights 
• Preparing Court Orders and applications
• Preparing parenting agreements, settlements, etc.
• Securing family mediation and dispute resolution services

Want real-world insights into all aspects of Family Law? Check out our legal advice and news section for Family Law articles that have been written by our team at Oxford Partners Lawyers.

The Future of AI Law in Australia: What Can We Expect?

Ultimately, it’s likely that we’ll see AI continue to be used in the legal sector, namely for rote tasks that you would expect from a legal assistant rather than a fully qualified lawyer. This can include tasks like:

• Summarising legal contracts for clients, 
• Providing executive reviews for financial disclosure documents, 
• Comparing documents to detect any inconsistencies, 
• Preparing chronologies for Family Law matters, and 
• For writing the odd client email here and there.

But when it comes to nuanced matters like preparing child custody arrangements, AI generation tools should instead be swapped out for dedicated Family Lawyers at all times. In these instances, human insights and critical thinking capabilities can never be substituted or outsourced to AI.

Swap out AI & Family Law Chatbots with Real World Advice

So, can AI replace Family Lawyers? Ultimately, no. From child custody disputes and parenting agreements to property settlements, Family Law matters are always guaranteed to be nuanced and thus require critical assessments and tailored resolutions that meet the varying personal, financial, and legal needs of all parties. As AI chatbots can only repurpose static legal information, they lack the nuance to handle Family Law matters with the empathy-driven approach that families need.

If you have any Family Law matters that require Court proceedings or mediation services, we urge you not to hesitate to get in touch with your local Family Law specialists to ensure no time is wasted in strategising for a swift and fair resolution. 

Book your free 30-minute preliminary consultation today by calling (03) 9670 7577 or leaving an enquiry via our web contact form.

This is why under Australian Family Law, plans for relocating with children must be approved by both parties through mediation or if necessary, via the Family Court.

At Oxford Partners Lawyers, our Family Lawyers have had extensive experience navigating relocation under Australian Family Law, supporting Melbourne families in developing and updating parenting orders and relocation plans to support the best interests of the child or children.

Below, our Family Lawyers have provided their insights into the process of relocating with children under a parenting agreement, outlining what happens if one parent disapproves of the relocation plan, and how a swift resolution can be met.

What Constitutes Child Relocation?

Child relocation occurs if one parent decides to relocate following a divorce or marriage separation. Child relocation can happen on a range of different scales, from moving out of the family home to moving interstate or even overseas. Child relocation can also include plans for holiday travel.

Moving House

There are many different arrangements finalised under a parenting agreement, including plans for education and schooling of children, as well as childcare, financial planning, and living arrangements. For parents with joint custody, agreeing upon living arrangements that are convenient for both parties helps ensure that both parents can easily pick up and drop off children with minimal disruption to both their schedules and the schedules of their child/children. This ease of communication and collaboration are essential for healthy co-parenting.

Court decisions can take time,which is why family mediation is oftentimes a more preferable pathway. Allowing for swifter resolution, family mediation sessions can also allow parents to speak openly and reach an understanding. If a negotiation cannot be made in mediation, the relocation matter can be escalated to the Family Court.

Need to take your relocation matter to family mediation? Here’s more information on how you can prepare for your mediation session to ensure smooth communication and a prompt resolution.

Holiday Travel

Although child relocation due to holiday travel is temporary, there may still be court orders preventing children from leaving the state with one or either of their parents – even for a holiday. 

For parents who are in dispute regarding holiday travel plans made by either or both parties, family mediation sessions can be arranged to meet a swift resolution that stipulates travel dates, duration of the trip, and destinations that will be visited.

Parents may also be required to sign passport applications for international travel plans. In some cases, however, the Court may approve a passport be issued without the other parent’s consent if they believe the approval to be in the child’s best interests.

Overseas Relocation

If one parent opts to relocate overseas with their child or children, they can file for a relocation order that stipulates the permanent international move. These are the most difficult relocation orders to secure consent from both parties, as the overseas move might require a total revisiting of parenting orders and custody arrangements.

If the non-relocating parent does not consent to the overseas relocation plan, the relocation order may be taken to the Family Court of Australia to determine whether the plan is in the best interests of the child. Court proceedings may delay international travel for the children and the relocating parent for upwards of weeks to months. If the relocating parent moves away before Court rulings are finalised, they may be in violation of the Hague Convention.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement that defines the criteria for international parental child abduction. Under the Hague Convention, parents have a right to seek to have their child returned to their home country if that parent claims the child was taken without their permission and without the authorisation of the Court.

In Australia, Family Lawyers can offer support in filing applications for overseas relocation or travel, or in assisting parents that seek to file a court order to have a child returned under the Hague Convention. 

Note: if a child has been relocated to a foreign country that does not recognise the Hague Convention, a Family Lawyer can still offer guidance in having the child returned to their home country. In these child relocation cases where the child’s home country is Australia, the Department of Foreign Affairs and Trade may need to intervene to assist parents in securing services with a lawyer based in that non-Hague country.

How to Apply for a Child Relocation Order

To apply for a child relocation order, the relocating parent will need to first file an Initiating Application with the Federal Circuit and Family Court of Australia. This Initiating Application should include:

• Proposed destination for relocation (including a new residential address)
• A revised parenting plan
• Consent orders to demonstrate consent from both parties
• Any supporting documentation to corroborate that the relocation is in the best interests of the child/children

If the non-relocating parent does not provide their consent, family mediation sessions may need to be scheduled prior to filing the child relocation order with the Federal Circuit and Family Court of Australia. If an amicable agreement still cannot be reached during family mediation or dispute resolution, then the relocating parent can file directly to the Court for Court officials to assess whether the proposed relocation does in fact, maintain the best interests of the child/children involved.

Key Factors that are Considered in Parent Relocation Matters

Under Sections 60CC and 65DAA of the Family Law Act of 1975, both parents have the right to quality time with their children and as such, plans to move away from the original family home or from the child or children’s home environment, must be approved by both parties.

If the parties cannot reach an amicable agreement, the matter can be taken to the Family Court of Australia for assessment. Some of the factors that the Court will consider when assessing relocation plans include:

• The grounds for the relocation planning
• The availability of family support at the new location
• The anticipated quality of life for the child/children at the new location (i.e. access to schooling, healthcare, etc.)
• The preferences of the child/children 
• Whether full or partial consent has been provided by the non-relocating parent
• Whether there are inclusions for visitation/time-sharing arrangements with the non-relocating parent
• The estimated travel distance and duration of travel (in holiday planning cases)

Work with Oxford Partners for your Family Law Relocation Case

Amending parenting orders to include relocation plans can be an emotional and time-intensive process. As such, if you are considering filing a relocation order to the Family Court of Australia, it’s imperative that you secure legal counsel that’s empathetic towards you and your family and understand the value of a swift and fair resolution.

At Oxford Partners Lawyers, our Family Lawyers take pride in providing empathy-driven Family Law services, providing support for all the more detailed aspects of parenting and child custody arrangements, including amendments like relocation planning.

If you’d like to ensure a swift resolution to your relocation case, get in touch with our team of Family Lawyers at Oxford Partners Lawyers to book your free consultation.

Frequently Asked Questions

How far away can a parent move under their child custody agreement?

For joint custody arrangements, there is no specific distance as to how far a parent can relocate with their child. As such, it’s up to the Court to decide whether the relocation plans are in the best interests of the child.

How long does a child relocation case take?

It can take upwards of weeks or even months for the Court to provide their ruling on parent and child relocation cases. This is why family mediation is the preferred method for reaching an amicable agreement between both parties involved in a relocation order.

Can I add a relocation order to an existing parenting agreement?

Yes, a relocation order can be added to an existing parenting agreement. If both parents agree to the relocation plan, they can formalise the relocation arrangement through a consent order. If the relocation plan requires revisions of the existing parenting agreement, these revisions can be made with assistance from Family Lawyers.

Are there any risks for relocation without consent from the other parent?

If one parent relocates without the other parent’s consent, there is a risk of being issued a recovery order by the Court. This court order may negatively impact Court assessments of that parent in the future, which may then result in updates to the parenting agreement or custody arrangements in favour of the contesting parent.

Also Read the Articles:

• Family law time limits – is the clock ticking?
• Understanding Discovery And Disclosure In Family Law
• What Legal Rights Do Grandparents Have Under Australian Family Law?

If you have been subjected to false allegations during a child custody dispute, it’s imperative that you stay calm, and secure legal counsel to ensure you take the necessary steps to protect yourself. Today, our team of Family Lawyers are here to share their insights into managing false allegations, outlining what steps should be taken to ensure your child custody dispute is resolved based on facts and not on hearsay.

What Constitutes a False Allegation in Custody Disputes?

A false allegation can be defined as any untrue claim made against a party during any legal dispute. In the context of child custody disputes, or even divorce or separation cases, false allegations are often made to impact the outcome in favour of one parent or party over another.

Some examples of false allegations that can be made during a custody dispute include:

• Claims of emotional manipulation
• Claims of parental alienation (coaching the child to favour one parent over another)
• Claims of child abuse
• Claims of domestic violence/spousal abuse
• Alcohol and substance abuse claims
• False claims relating to the mental health of one party
• Financial deception (i.e. hiding assets, and other forms of misrepresentation of financial status)
• Falsified evidence that’s designed to favour of one party over another

The Legal Consequences & Risks of Making False Allegations

As damaging allegations can hold great impacts on the outcomes of Family Law disputes, both the Family Law Act of 1975 and the Criminal Code Act of 1995 include provisions for false allegations. As such, the Federal Circuit and Family Court of Australia are authorised to deliver criminal penalties and Family Law consequences to the party that has been recognised for making false allegations.

Legal Consequences of Making False Allegations

Legal repercussions for false accusations, perjury, and the making of false statements in Court are all covered under Part 7 (Public justice offences) of the Crimes Act 1900. Under Division 2, 314 of the Act:

A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years.

This means that if one party has made a false criminal accusation (i.e. allegations of domestic violence, child abuse, etc.), that has opened another party up to unnecessary police investigation, the accuser may be facing incarceration if they’re found to be guilty of falsifying the allegations made. Additionally, legal consequences resulting from perjury and/or defamation of character charges may also be applied to compound the criminal consequences of making false allegations.

Under the Family Law Act of 1975, legal repercussions for false allegations also includes provisions for the accusatory party being required to cover the other party’s Family Law costs resulting from their having to respond to the falsified claims made against them.

Risks of False Allegations in Property & Financial Settlements

If one party has been found to have made false allegations designed to manipulate property or financial settlement proceedings, the Court may seek to adjust the settlement terms in favour of the party that has been wrongfully accused as a means of compensation for being subjected to the false allegations.

The false accuser may also be required to provide more spousal maintenance if the costs of legal proceedings resulting from their false allegations negatively affects the property and asset pool during the settlement.

Risks of False Allegations in Child Custody Disputes

In the context of child custody disputes, Court officials may find that the party that has made false allegations was not acting in the best interests of the child/children. The impact on the false accuser’s reputation can go on to affect child custody arrangements and parenting agreements, as the accusatory party may be recognised as unable to co-parent effectively.

In some cases, the Court may even use the filing of false allegations as grounds to approve the accused party’s requests for sole custody, either on a long-term basis or even short-term pending the accusatory party’s attendance of parenting counselling sessions. 

How Courts Assess False Allegations in Custody Disputes

False allegations in child custody disputes are actually more common than you may expect. In fact, in a recent study funded by the Australian Institute of Criminology, researchers found that 50% of the work conducted by the Family Court across all 288 custody and access dispute cases that were assessed, revolved around assessing the legitimacy of child abuse claims by one party against another.

This is because false allegations can be quite time-intensive to address in Family Court. In fact, the process of addressing false allegations can take at least 12 months spanning from family mediation sessions to your final hearing. The process of addressing false allegations will also inevitably include multiple court dates, including interim hearings and directions hearings, with interim hearings being designed to implement interim Court orders whilst allegations are being addressed (i.e. establishing interim Orders stipulating supervised visits for accused parents until the allegations have been assessed), and directions hearings being scheduled to determine the best course of action by the Family Court and both parties in assessing the claims being made.

Keep in mind that cases of defamation are governed by the ‘balance of probabilities’ standard rather than the criminal standard of ‘beyond a reasonable doubt’. As such, whilst false allegations surrounding Family Law matters like child custody disputes are taken very seriously by the Court, the Court also takes into consideration the behaviour, conduct, and cooperation of both parties during court proceedings.

For parents who are falsely accused during child custody disputes, the best thing you can do to continue acting in the best interests of your child/children is to comply with all interim Court orders made during your interim and directions hearings and in the lead-up to your final hearing.

What to Do if you’re Subjected to False Allegations

Follow the Advice of your Legal Counsel & Adhere to Court Orders

Although the Family Law Act of 1975 is designed to be on your side if false claims are made against you, it can still be disheartening and even embarrassing to be subjected to supervised visitation and other interim Court Orders. As such, the best piece of advice that can be offered to parents facing false allegations is to simply stay calm and keep in mind that the Court is not acting to punish you, but rather to ensure the best interests of your child/children.

You can demonstrate that you are also acting in the best interests of your child/children by maintaining communication with your legal counsel, following the advice they provide, and most importantly, by adhering to all interim Orders made in the lead-up to your final hearing.

Secure Suitable Legal Representation

Honesty and open communication with your Family Lawyer is key when navigating false allegations. As such, it’s imperative that you find the right Family Lawyer to represent you in these proceedings.

It’s advised that you partner with a Family Lawyer who you have built rapport with to streamline the process of finding and collating evidence to support your case. 

Want to make sure you’re asking the right qualifying questions when selecting a Family Lawyer to represent you? Check out our list of 6 key questions to ask in your first consultation.

Write a Statement Addressing & Categorically Denying the Claims

Maintaining a balanced, evidence-based approach is key in the face of false allegations. One of the best ways to start on firm footing when it comes to collating evidence is by simply preparing a written statement that outlines and respectfully denies all the claims made against you.

Collect Evidence Supporting your Case

Children’s matters are determined based on the child or children’s best interests. The strongest evidence that you can collect to support your case in the face of false allegations is evidence that simply demonstrates your consistency to act in the best interests of your children.

Some examples of useful evidence to disprove allegations in child custody disputes include:

• Text messages and emails (to the other parent or even to grandparents, aunts, uncles, educators, etc.) that contradict the allegations being made
• Witness statements from other family members, educators, etc. who may be able to support your case
• School records, police reports, medical records, and other official documentation that demonstrates your care for the child/children

Prioritise your Mental Health & Wellbeing

Finally, don’t lose sight of the fact that fighting false allegations under any circumstances can be taxing and even traumatising. Add to this the fact that you’re fighting false allegations within the context of an ongoing child custody dispute, and it’s enough to make any parent crumble.

But you can’t act in the best interest of your child or children with poor mental health. So stay strong and don’t let yourself become affected emotionally or maintain any behaviour that may place you in contempt of the Court. Don’t be afraid to lean on your support network if needed, and to prioritise your own health and wellness in the form of maintaining a strong diet and exercise routine.

And if you feel you’d benefit from sessions with a psychologist or therapist, don’t hesitate to schedule these for yourself. Records of these sessions may also be used as supporting evidence in your case that you are acting in the best interests of your child/children by investing in your own mental health.

Defend against False Claims with Support from Oxford Partners Lawyers

In our list of top behaviours to avoid during divorce proceedings, making false allegations takes the cake as the #1 thing you should never do. And whilst throwing stones at the other party is always advised against (especially if those stones also happen to be falsified claims), shutting down emotionally or even getting overly emotional (either in Court or even in texts/social media, etc.) can also be damaging to your case.

If you’d like to protect the best interests of your children in the face of false allegations made against you as a responsible parent, then the first step you must take is consulting with a Family Lawyer. Our legal team at Oxford Partners Lawyers is well-versed in both Family Law as well as Criminal Law, making us uniquely positioned to ensure the strongest possible outcome for child custody cases involving false allegations.

Whilst it may feel like the end of the world, being subjected to false allegations may just be the evidence you need to support your parenting order, if you’re looking to be named the primary caregiver. 

If you have recently been subjected to false allegations within your ongoing child custody dispute, get in touch with our team to book your free preliminary consultation with our Family Lawyers. We’ll make sure your accusers are held liable for their damaging behaviour, and will strive to achieve an outcome that considers your family’s best interests.

Pets are well regarded as valuable family members, which is why it comes as no surprise that there is often a fair amount of tension and disagreement when it comes to pet custody after a divorce. If you find yourself in this predicament, we’re here to help. Today, we look at what your rights and entitlements are when it comes to your beloved fur babies, so read on to find out more.

Pets Are Property

It may sound controversial or even upsetting, but in the eyes of the law, pets are property and are not mentioned in the Family Law Act 1975 (Cth) . Because of this, your shared pets are considered a part of your property settlement when separation occurs. This is often a difficult concept for many to grapple with due to the emotional attachment we naturally have with our pets. In the majority of cases, the Courts will make an order and award a pet to either party in the same order that lists other personal property.

Because the Family Law Act has yet to distinguish pets from property, they will make decisions regarding pets in the same way they might consider any other family asset: will consider pets in

• Who purchased the pet?
• Whose name is registered on the pet’s microchip?
• Who cares for the pet?
• Who feeds, cleans and walks it?
• Who pays for the pet’s insurance?
• Whose name is it registered in?

For more on how the Courts decide on property division, be sure to check out our previous blog article.

What Are Some Of My Options?

Some couples choose to pre-determine their financial position at separation, also known as a Binding Financial Agreement. Your BFA will entail a clear outline about exactly what will happen to your assets at the point of separation or thereafter. It is important to note that there is absolutely nothing stopping you from including your pets in these agreements!

If there is a child involved, we encourage you to take your child’s emotional needs into account when making a decision on who gets to keep a pet. In many instances, parents end up deciding to let a pet live wherever a child is living to reduce the chances of separation anxiety or emotional distress.
Mediation Can Be Incredibly Helpful

Generally speaking, the Court’s preference is for couples to work out ownership issues amongst themselves. This is where family lawyer-assisted negotiations or mediation can be an incredibly powerful tool. Ideally, you and your ex should try your best to come up with a mutual agreement as to who will take ownership of a pet after separation or divorce.

Increasingly during mediation, “Pet Parenting Agreements” are made, where parties agree on factors such as who the pet lives with, who does changeover, basic care agreements, what vet the pet goes to and so on. Although pet parenting agreements are informal, they can be incredibly helpful if you choose to share the responsibilities of your pet with your ex-partner.

What If We Can’t Come To An Agreement?

As mentioned above, if you and your ex-partner fail to come to an agreement on who will get your pet, there are a few principles the Courts will apply when making a decision about pet ownership. Do keep in mind that the Courts look solely to factual scenarios rather than emotionally charged ones. For example, one of these scenarios can be as simple as who wants the pet more. Whichever way it goes, it is important to note that there is no such thing as a formal or court-ordered custody arrangement for pets.

If you find yourself in this difficult situation, getting in touch with one of our expert family lawyers can be beneficial.

The Bottom Line

At the end of the day, there are no right or wrong ways of dealing with pet ownership or custody in the event of separation. Every case is unique and poses its own challenges, and outcomes can vary depending on your individual circumstances. If you are struggling to come to an agreement with your ex-partner, mediation is always recommended.

At the end of the day, any decision you make with regard to pet ownership should always prioritise your pet’s best interests in the long run.

If you are going through a separation involving a dispute of pet ownership, the expert team at Oxford Partners is here to assist. Our experienced family lawyers are able to assist you in negotiations to help you avoid the long and expensive process of going to Court.

If you have questions surrounding the concept of no-fault divorces in Australia, however, it’s highly recommended that you consult with a Family Lawyer to learn whether a no-fault divorce is the right solution for you and your family.

To help drive your own research, our own team of Family Lawyers at Oxford Partners Lawyers are here to provide more information on no-fault divorces in Australia, covering what they are, how they came to be developed, and what benefits a no-fault divorce may provide for you and your family. 

Here’s everything you need to know about no-fault divorce in Australia.

What is a No-Fault Divorce?

As stated in the Family Law Act 1975 (Cth), no-fault divorce is a legal concept that allows married couples to divorce without assigning blame to either party for the breakdown of the marriage. 

The concept of no-fault divorce was introduced into Australia’s legal system primarily to simplify the process of divorce for married couples that are seeking separation or divorce proceedings. Removing the need to examine who is at fault across both parties helps ensure divorce proceedings are easier and more harmonious, supporting Australian families in navigating divorces and separations with reduced conflict and trauma for both parents and children alike.

When was the No-Fault Divorce Introduced in Australia?

No-fault divorce laws were originally introduced into Australian Family Law in 1975. The reasoning behind the introduction of the no-fault divorce legislation includes:

• To remove religious and moralistic approaches to marriage;
• To promote the notion that anyone should be able to leave a marriage equally, without having to be legally held for its breakdown;
• To simplify the process of filing for divorce or separation, making divorce proceedings more accessible for all, including for vulnerable or under-resourced Australian citizens;
• To align laws with ever-changing social and cultural shifts.

The History Of No-Fault Divorce in Australia

Prior to the new laws pertaining to no-fault divorce introduced in Australia in 1975, the process of filing for divorce was much more lengthy and difficult for couples and families. This was because prior to 1975, either party applying for a divorce was required by law to provide evidence of abuse, adultery, alcoholism, insanity, abandonment and a number of other reasons behind the desire to divorce one’s spouse. 

This burden of proof often led to lengthy divorce battles and expensive court fees for everyone involved. Not to mention, the emotional and psychological pain that is often associated with messy divorces.  

Without no-fault divorce laws, there were also elevated risks of spousal abuse, and that individuals who found themselves in an unhealthy marriage would have to remain unhappily married to their spouse. Thankfully, with the simplified processes made possible by introducing the concept of no-fault divorces, these risks have largely been mitigated for Australian families.  

Key Reasons for the Introduction of No-Fault Divorce in 1975

The reasoning behind the introduction of the no-fault divorce legislation includes:

• To remove religious and moralistic approaches to marriage;
• To promote the notion that anyone should be able to leave a marriage equally, without having to be legally held for its breakdown;
• To simplify the process of filing for divorce or separation, making divorce proceedings more accessible for all, including for vulnerable or under-resourced Australian citizens;
• To align laws with ever-changing social and cultural shifts.

What Are The Valid Reasons For No-Fault Divorce in Australia?

The next question you probably have is about the valid reasons for no-fault divorce. In Australia, the only reason you need for a no-fault divorce is the irretrievable breakdown of the marriage. Depending on which side of the pond you are on, this can also commonly be referred to as “irreconcilable differences”, “irremediable marriage issues”, or “incompatibility”.  

Regardless of your situation, with the introduction of no-fault divorce, you can be assured that divorce is possible. The first and most important thing you should do if you are considering divorce is to get in touch with an experienced Family Lawyer.

What Are The Benefits Of No-Fault Divorce?

Here are just a few benefits that no-fault divorce can offer couples: 

• No-fault divorce has made the process of divorce exponentially simpler and more cost-effective for all parties involved. 
• No-fault divorce helps to reduce the potential hostility and conflicts surrounding divorce. Less conflict also results in lowered chances of emotional harm to dependents.
• No fault divorce plays a critical role in empowering victims of domestic abuse and unhealthy relationships to leave a marriage, particularly because there is no need for a victim to “prove” that they have been abused. 
• Financial settlements are based solely on a spouse’s need, ability to pay, and financial contributions to the family as opposed to what they did to cause the divorce. 

Can A No-Fault Divorce Be Contested?

The simple answer to this is yes. If your partner does not agree to a divorce and chooses to contest it, he or she will be required to satisfy the Registrar that there is a procedural reason for why a divorce should not be granted.  A Registrar will need to be satisfied that:

• There was a valid marriage;
• Australia has the jurisdiction to deal with said marriage;
• There is irretrievable breakdown of the marriage;
• Both parties have been separated for a minimum of 12 months prior to divorce applications; and 
• There are arrangements made for any children involved.

For a no-fault divorce application to be contested, the responding party will be required to prove that one (or more) of the above factors are not satisfied. 

Are You Eligible To Apply For No-Fault Divorce?

Some of the current requirements for obtaining a divorce in Australia include: 

• You must have been separated for at least 12 months before you can apply for a divorce.
• At least one party has been residing in Australia for at least 12 months immediately before filing for divorce.
• You must be able to satisfy the courts that there is no reasonable likelihood of resuming married life.
• If you were married overseas and your foreign marriage is recognised in Australia, you must provide the Court with a copy of your marriage certificate that is translated to English, if applicable. 
• Appropriate arrangements are made for the care of minors or children under the age of 18. 

The first thing you should do if you are seeking a no fault divorce is to get in touch with one of our experienced family lawyers who will be able to  help you figure out the process in detail and prepare the Application for Divorce.  To book your free preliminary 30 minute consultation, simply call Oxford Partners at (03) 9670 7577 or complete the form on our contact page and we will get back to you as soon as possible.