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Women and Family Law


This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown.

This booklet provides a starting point for finding out information about the law. It provides some answers to common questions and also sets out where you can go for further help.

The Child Support (Registration and Collection) Act 1988 and Child Support Assessment Act 1989 are federal laws that set up the Child Support Agency and the Child Support Scheme. These laws cover child support for children:

  • whose parents separated on or after 1 October 1989;
  • born after 1 October 1989; or
  • who have a full sibling born after 1 October 1989.

Child maintenance is covered by the Family Law Act in limited circumstances as most children are covered by the child support legislation.

The NSW Crimes (Domestic and Personal Violence) Act 2007 is a state law. It enables Local Courts to make Apprehended Domestic Violence Orders (ADVOs) to prevent violence, abuse and harassment in domestic relationships. It also gives the police power to arrest anyone who breaches an ADVO and to take away firearms. The Domestic Violence Act includes provisions that specifically make staking and some other forms of intimidation a crime.

Do I need to get legal advice?

No matter how well you and your partner get on, it is important to get independent legal advice. You can then make informed decisions and possibly work out an agreement between yourselves that is fair.

Any agreements you make should be checked by your own lawyer. If you and your partner cannot agree on important issues like the care of the children or dividing the property, it is important to get legal advice quickly before something is changed that may affect your rights or entitlements.

By clicking the link, you can download the book “Tenth Edition of Women and Family Law”.

If you have a question regarding child custody orders, call the experienced family lawyers at GMH Legal for a FREE consultation:

Tel: (02) 9587 0458

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