Family Law

Family law is a wide-ranging and complex area of law. Family law is more than 'a piece of law' brought about by an Act of the Australian Parliament. In Australia, family law relates to a broad collection of legal processes attached to the family. There are a range of laws governing:

• Children's rights to proper parenting;
• Parental responsibilities towards children;
• Marriage, the annulment of marriages and divorce;
• The property rights of husbands and wives;
• The property rights of people in domestic relationships;
• The property rights of the creditors of a person in a relationship;
• The personal rights of other people, that may be affected by decisions on the property rights of people in relationships;
• The obligations of parents to financially support their children and their (former) partners;
• The responsibilities that can be given to extended relatives, etc of children.

Each of these issues has different governing law. Taken together, they constitute family law in Australia.

The Family Law Act 1975 is the main law in Australia on matters involving divorce, property settlement after marriage, spousal maintenance between married couples, and issues relating to children's arrangements after separation. The Act emphasises the obligations of parents and the best interests of the children. The Act does not cover property disputes between de facto couples. Family Court of Australia and Federal Magistrates Court are courts set up under this Act. Children born to parents who are not married are still covered by the Family Law Act.

The Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989 established the Child Support Agency and cover child support for children who were born on or after 1 October 1989, and children whose parents separated after 1 October 1989, and children who had a sibling (brother or sister) born after 1 October 1989.

Child protection is also dealt with on a state and territory basis, under state and territory legislation.

Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction

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