How do I settle my Family Law Custody Dispute in Melbourne if I am overseas or interstate?

22 July 2013

Article published 18 July 2013 by Silvio Auditore- Accredited Family Law Specialist and Director of Melbourne Family Lawyers

The Family Law Courts in Melbourne (being the Family Court of Australia and the Federal Circuit Court of Australia) have jurisdiction to determine a Family Law dispute if at least one of the parties to the dispute is either:

  • Present in Australia; or
  • Ordinarily resident in Australia; or
  • An Australian Citizen; or
  • Domiciled in Australia

The Family Law case can usually be conducted in Melbourne without you being physically in Melbourne as long as you have a Melbourne Family Lawyer representing you in the Court proceedings.  Our firm regularly successfully represents overseas and interstate clients in these circumstances and uses current technology to facilitate communication and the preparation of the required court documents.

If your case concerns parenting arrangements for children, then, unless agreement can be reached out of court, it is usually necessary for each of the parents to be in Melbourne for the purposes of participating in meetings with a Family Consultant or Psychologist who will usually prepare a Family Report to assist the Judge in your case in making a decision which is in the best interests of the child or children concerned.  The Family Consultant or Psychologist will be subject to cross examination to clarify any opinions contained in the Family Report.  Also, be aware that the Judge hearing your case makes his/her decision independently and does not have any obligation to follow any recommendations made in the Family Report.

Cases involving children are extremely emotional for all concerned and they can also get very expensive if they are handled by inexperienced legal practitioners.  It is essential to be represented by the best and most experienced Family Lawyers in order to ensure the case is conducted to achieve the best possible result.  

Call Melbourne Family Lawyers now on +613 9670 9677 to speak with one of our senior experienced Family Lawyers.

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