Legal process
Your parents, with your input, will need to decide:
- where you live
- what school you go to, and
- when you visit each parent after the separation.
They may work this out:
- themselves
- visit a Family Relationship Centre
- use a mediator, or
- go through the Family Law Courts.
You have a right to say as much or as little as you want. Your view will be taken into consideration before a final decision is made in your best interests. You can be part of the discussions through your parents, a mediator or a counsellor (family consultant) from the Family Court.
Family Law Court
If after a genuine effort to resolve their issues, your parents decide to go to court, the judge will want to know what you think. The judge must consider your wishes. The courts may arrange for you to talk with a counsellor (family consultant), who helps the judge make a decision in your best interests. You do not go into the court room, so the family consultant speaks on your behalf. In some circumstances, the court may also arrange for a lawyer (called an Independent Children’s Lawyer) to help the judge decide what's best for you.
The family consultant can:
- answer your questions
- listen to your views, and
- tell the judge what you want.
How much or how little you say is up to you, but it's okay to say what you think. You should tell the family consultant, or another adult you trust, if someone else has told you what to say. You should also tell them if you feel unsafe for any reason. Your parents or the family consultant will explain the court's decision to you. You have the right to understand why the decision was made and how it will affect you.
For more information about your rights and the family court processes contact the Family Court of Australia on 1300 352 000 or visit More information.
