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NSW Received Certificate 601 from Family Dispute Resolution - What to Do?

Discussion in 'Family Law Forum' started by thi, 22 February 2016.

  1. thi

    thi Well-Known Member

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    Good morning, I currently received a certificate 601 by family dispute resolution.Should I go direct to the family court or I need a lawyer?

    I need more information and help.

    T
    hank you so much.
     
  2. AllForHer

    AllForHer Well-Known Member

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    You can do either, but as always, it's a good idea to get legal advice from a lawyer before acting, even if you intend on self-representing.

    You can file an initiating application with either the Federal Circuit Court or the Family Court of Australia, but the Family Court will ordinarily only deal with applications that are complex or require special attention (such as Magellan Listed cases), so it's best to file in the Federal Circuit Court first and let the judge transfer it if s/he sees fit.

    Is this for a parenting matter or property?
     
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  3. thi

    thi Well-Known Member

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    Thanks a lot. It's a parenting matter, as my wife allows me to see my daughter for one to two hours as max.
     
  4. AllForHer

    AllForHer Well-Known Member

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    For a parenting matter, file an initiating application for parenting orders with the Federal Circuit Court. You will need to include an affidavit that supports the orders you are seeking in your application by referring to the child's best interests, as the Family Law Act 1975 holds that when making parenting orders, the child's best interests is paramount.

    The court refers to section 60CC of the Family Law Act 1975 to help it decide what's in the child's best interests - you can (and should) read it here: http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html

    Also note section 60B of the Act, which provides what rights children have in regards to their parents - http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60b.html

    I suggest speaking to a lawyer before you file the application. They will be able to provide more guidance on prospective outcomes and what you need to do for filing.
     
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  5. thi

    thi Well-Known Member

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    OK, I will thanks for your information.
     
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