It could be said that one of the most important parts of family law relates to parenting proceedings. The procedure for conducting child related proceedings in the Family Court is specified in Division 12A of the Family Law Act 1975 (Cth). 

Division 12A proceedings are subject to the “child’s best interests” as the paramount consideration. These procedures are designed to help parents and the Court understand the needs and wishes of their children, and to determine which types of parenting arrangements may best fulfil these needs.

What is different in Division 12A proceedings?

Div. 12A provisions ensure that parties stay child focused and safeguard the children and make the Family Law Courts’ processes shorter, more informal, and flexible.

Division 12A proceedings prioritises the need to provide families with an opportunity to make decisions themselves regarding their children.

How are Div. 12A proceedings conducted in Court?

  • The Court considers the needs of the child concerned and the impact that the conduct of the proceedings may have on the child in determining the conduct of the proceedings.  
  • The Court actively directs, controls and manages the conduct of the proceedings. The proceedings are conducted in a highly supportive, consensual and less formal manner.
  • The traditional adversarial approach to litigation is not followed as it creates conflict between parents leading to an adverse impact on children.
  • The rules of evidence are relaxed, and the Court is actively involved in deciding issues, deciding what evidence is to be called, the way it is received and the manner of the hearing itself, and the faster resolution of disputes. The Court plays an active role in ensuring that the views of the child (or children) are heard.
  • The proceedings are conducted in a way that will safeguard: the child concerned from being subjected to, or exposed to abuse, neglect or family violence; and the parties to the proceedings against family violence. 
  • The proceedings are, as far as possible, conducted in a way that will promote cooperative and child-focused parenting by the parties.