Family Court Decisions Explained: How decisions are made, and how they are appealed

I. What Weights into a Family Court Decision?

The Family Court will consider several key factors when making a decision. These include:

1. The Best Interests of the Child

The most important factor in parenting orders is the child’s well-being. The court assesses their emotional, physical, and psychological needs to ensure they grow up in a safe and supportive environment.

2. Parental Capacity

The court examines each parent’s ability to care for the child, evaluating factors such as their financial stability, mental health, living conditions, and overall parenting skills. A parent’s history of involvement in the child’s life is also considered.

3. The Child’s Wishes

If the child is old and mature enough to express their views, the court may consider their preferences. However, these wishes are not the final deciding factor—what is best for the child is always the priority.

4. Family Violence and Safety Concerns

If there is evidence of domestic violence, abuse, or neglect, the court takes this very seriously. Any risks to the child’s safety are assessed, and protective measures may be put in place, including supervised visitations or restrictions on contact.

5. The Relationship Between the Child and Each Parent

The court looks at the bond between the child and each parent, as well as the willingness of each parent to encourage a positive relationship with the other parent. A parent who discourages or prevents the child from seeing the other parent without good reason may be viewed unfavourably by the court.

6. Stability and Continuity

Children thrive in stable and predictable environments. The court considers how a proposed arrangement may impact the child’s education, friendships, and overall stability. A drastic change that disrupts the child’s life may not be favoured unless necessary.

II. Can a Family Court Decision Be Appealed or Changed?

Once a family court decision is made, it is legally binding, but this does not mean it is permanent. In some cases, you may be able to appeal or request a change to the decision.

1. Can a Family Court Decision Be Appealed?

A Family Court Decision can be appealed under certain circumstances. An appeal is not just about disagreeing with the outcome—you must successfully prove that the judge made a legal error. This could include:

• Misinterpretation of the law
• Failure to consider key evidence
• An unfair hearing process

Appeals must be filed within 28 days of the decision, and the process can be complex and costly. It is best to seek legal advice before proceeding.

2. Can Parenting Orders Be Changed?

Parenting Orders can be changed, but only if there has been a significant change in circumstances. The court does not allow frequent changes to parenting orders unless it is deemed necessary. Examples of significant changes include:

• A parent relocating to another city or country
• A major shift in the child’s needs or circumstances
• Evidence of family violence or neglect
• A parent failing to comply with the order

To request a change, you must apply to the court and provide evidence supporting your case. In some situations, mediation may be required before a court hearing.

3. Can Property Settlements Be Changed?

Property settlements are usually final, but there are limited circumstances where they may be set aside or changed. These include:

• Fraud or dishonesty in financial disclosure
• A significant change in financial circumstances (e.g., serious illness or disability)
• One party failing to comply with the settlement

If you believe a property settlement was unfair or based on false information, you may be able to challenge it in court.

Need Help Understanding Family Court Decisions?

Family court decisions can be life-changing, but they are made with careful consideration of the law and the best interests of those involved. If you are going through a family law matter, understanding how the court makes decisions can help you prepare and make informed choices.

If you are unsure about your rights, need to challenge a court decision, or want legal guidance on parenting orders, seeking expert legal advice is essential. A qualified family lawyer can help you understand your options and ensure your voice is heard in court.

At Justice Family Lawyers, our team provides clear, compassionate, and expert legal support. Whether you need advice on parenting orders, appeals, or property settlements, we are here to guide you through every step.

Contact us today for a confidential consultation and take the first step toward resolving your family law matter.