Receiving a family law application can be a daunting experience, but it’s crucial to approach the situation calmly and strategically. This guide is designed to help you understand the steps you should take when served with a family law application, ensuring that you are well-informed and prepared to navigate the process effectively.
Step 1: Carefully Review the Application
As soon as you receive the family law application, take the time to read it thoroughly. Understand the nature of the application, the orders being sought, and the issues raised by the other party. Pay attention to any deadlines or court dates mentioned in the documents.
Step 2: Seek Legal Advice
Engaging a family law solicitor is one of the most important steps you can take. A knowledgeable solicitor can provide tailored advice based on your specific circumstances, explain your rights and obligations, and guide you through the legal process.
Step 3: Understand Your Options
Your solicitor will help you understand your options moving forward. This might involve negotiations, mediation, or court proceedings. Assess the pros and cons of each option in relation to your case and make informed decisions based on your best interests. This is your case, and you are in control.
Step 4: Prepare Your Response
You will need to prepare a response to the application that you have been served with. This response outlines your position on the issues raised and can help set the tone for further negotiations or court proceedings. Your solicitor will assist you in drafting a clear and concise response.
Step 5: Attend Family Dispute Resolution (FDR)
In many cases, you will be required to attend Family Dispute Resolution (FDR) before going to court. FDR is a mediation process aimed at resolving disputes without the need for litigation. Participation is mandatory, unless exemptions apply.
Step 6: Continue Negotiations
If the FDR process does not lead to a resolution, ongoing negotiations between your solicitor and the other party’s representative may occur. The goal is to find common ground and reach a settlement that both parties can agree upon. If you can do this, your lawyer will draft a consent order and you can file this with the court.
Step 7: Court Proceedings
If negotiations prove unsuccessful, court proceedings may be necessary. Your solicitor will guide you through the court process, including preparing and filing necessary documents, attending court hearings, and presenting your case before a judge.
Step 8: Comply with Court Orders
If the court issues orders, it is imperative to comply with them. Failure to do so can have serious consequences. Always keep open lines of communication with your solicitor, and ensure that you fully understand your obligations under the orders. This is why it is important to read your documents carefully and understand any obligations you have under them.
Step 9: Focus on the Best Interests of Children
If your matter involves children, their best interests should always be the top priority. Courts emphasise the well-being of children when making decisions about parenting arrangements.
Step 10: Self-Care and Emotional Support
Dealing with family law matters can be emotionally taxing. Seek emotional support from friends, family, or professional counsellors to help you cope with the stress of the process. Taking care of your emotional well-being is crucial.
Conclusion
Receiving a family law application marks the beginning of a legal journey that requires careful consideration and strategic action. By seeking legal advice, understanding your options, and cooperating with the legal process, you can navigate the complexities of family law applications with confidence and work toward the best possible outcome for you and your family.
If you have been served or you are about to be served, do not hesitate to reach out to Nicci Bilinsky, our Family Law Partner now on (03) 9481 2000, info@tauruslawyers.com.au or book an appointment here.