The Challenges of Family Law
The challenging journey
Since the introduction of family law in 1975, both the political and legal landscapes of Australia have struggled to keep up with the ever-evolving values of society. The rapid influx of immigrants, along with the slow pace of family law reform, means that the Family Court system often falls behind in addressing the complexities of ever evolving nature of family and their disputes.
Over time, it has become clear to me that turning to the Family Court should always be a last resort. Why? Because the legal system is often complicated, expensive, stressful, and typically follows a procedural, one-size-fits-all approach. But most of us know that, despite its flaws, the Family Court is often seen as the only option when conflicts seem insurmountable. What many fail to consider, however, is the emotional toll it takes, the long-lasting impact on relationships and the potential to lose sight of what truly matters: finding a sustainable resolution that honors everyone's needs and wellbeing.
I have witnessed firsthand how the family law process can be isolating and overwhelming, especially when decisions about families and children are made without considering their long-term emotional impact. It can feel dehumanising when deeply personal matters are reduced to procedures and rules. This reflection has led me to consider more thoughtful ways of handling family disputes. But first, let me explain what these legal processes involve.
Understanding the Legal Process
The process in the Federal Circuit and Family Court of Australia can seem like a maze for those unfamiliar with it. Let me walk you through the journey:
Pre-Action Filing: Before court proceedings begin, parties must attempt to resolve their issues, often through mediation. For financial matters, full disclosure is necessary, while for parenting issues, the other parent must be invited to participate in family dispute resolution.
Filing Procedures: Once you file, you’ll need to submit an application clearly outlining the orders you seek. Depending on your case, you might also need to provide supporting documents, such as financial statements or affidavits.
Post-Filing Process: After your case is filed, the court triages it based on urgency, and you may go through additional stages such as conciliation conferences or dispute resolution events.
Each step of this process can take anywhere from 6 to 36 months, depending on the complexities involved.
In reflecting on the famous case of Strahan & Strahan, which took 12 years to settle, it’s evident how time-consuming, unpredictable and exhausting legal disputes can be. This case is a stark reminder of the importance of exploring alternatives to the court system.
Why Family Dispute Resolution Is the Key
Having spent years in the family law system, I have learned that Family Dispute Resolution (FDR) is an invaluable tool for resolving conflicts or managing conflicts. FDR is a voluntary process where an impartial third party helps the people involved work through their differences and find common ground. It’s an approach that takes into account the emotional and psychological dimensions of the conflict, something the court system doesn’t always address.
One of the greatest benefits of FDR is that it allows people to retain control over the outcome. Instead of relying on a judge to make decisions, FDR offers a chance for those involved to craft a solution that works for them and their unique circumstances. This can be especially crucial when children are involved, as FDR encourages cooperation rather than creating further division.
A Personal Insight
Albert Einstein once said, “Peace cannot be kept by force; it can only be achieved by understanding.” This statement resonates deeply with me, both personally and professionally. Having been involved in family law for many years, I have seen how conflict, if left unchecked, can lead to long-term damage. But I have also seen how understanding, patience and open communication can lead to healing and resolution. FDR, at its core, is about understanding and not just the legal aspects of a dispute, but the human emotions, fears and values that lie beneath.
I have come to believe that sustainable peace doesn’t come from simply following rules and procedures. It comes from a willingness to understand one another, to acknowledge the emotional toll of the conflict and to find a resolution that honours everyone’s journey.
The Journey Forward
Family law is rarely simple, and the road through it can be long and exhausting. But I have found that, more often than not, the best outcomes come when we step away from rigid systems and embrace solutions that are as unique as the people involved. FDR offers a way forward, one that honours the complexities of human emotion and relationships, helping to resolve conflict in a more compassionate, thoughtful way.
If you are currently navigating a family dispute, know that there is no one-size-fits-all solution. Trusting yourself to explore peaceful resolutions that honor your journey and your needs might just be the most important step you can take. However, in cases of family violence or other serious concerns, seeking legal intervention through the courts may be necessary to ensure safety and justice. Please contact Path of Maitri for further assistance.
The content shared here is intended for general informational purposes only. It is not meant to provide professional advice.