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FAQ – Children of a Defacto Relationship

Some of the most commonly asked questions about Children of a Defacto Relationship are discussed on this page.

1. Who will determine a dispute about children of a Defacto Relationship?

Although children of a Defacto Relationship are not children of a marriage, they are dealt with under the Family Law Act.  See our ‘Disputes Involving Children’ page on our website.

The Court will consider what is in the best interests of the children and, since July 2006, there has been an amendment to the Family Law Act in relation to children regarding shared responsibility of children.  The Court will also consider the time that the children spend with each parent and what will, ultimately, be in the best interests of the children.

2. Which Court will we go to?

Although parents of children from a De Facto Relationship are not married, any dispute regarding children may be heard in either the Family Court of Australia or the Federal Circuit Court.

3. What principles will apply in determining who the child/children will live with?

See our ‘Disputes Involving Children’ page on our website.

If you would like further information, or require assistance, please contact us on (02) 4731 5899 or send us an email by clicking on the ‘Contact Us’ page on our website.

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FAQ Children of a De Facto Relationship

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