Assistance with DIY Family Law Matters

Assistance with Self Representation in the Family Court

A significant portion of individuals in family law cases represent themselves. According to the Family Court of Australia’s 2019-20 Annual Report, 22 percent of litigants had at least one party without legal representation during their proceedings, while 39 percent were self-represented at trial. In these situations, people must defend their case in court on their own.[1]

The family law system offers some support to these self-represented parties through publications from the Court and general advice provided by Judges. See the links below for more information.

Many choose self-representation to avoid the substantial costs of hiring a lawyer.

Despite this, representing oneself poses numerous challenges—even when both parties agree and simply want to formalise their arrangement legally.

At Turini McKean Law we can assist self-represented parties with:

• Completing court documents for consent orders (parenting or property).
  • Guidance in disputed cases:
    • Identifying which orders to request
    • Strategic and tactical advice
    • Anticipating likely court decisions
    • Preparing alternative plans (Plan A, Plan B)
    • Understanding court etiquette
  • For agreed matters:
    • Drafting accurate consent orders
    • In children’s cases, ensuring all relevant information is provided:
      • History of domestic violence
      • Confirmation children are safe
      • Appropriate care arrangements by both parents
    • Option for parties to adopt a parenting plan instead of orders
    • In financial cases:
      • Supplying all required financial details to the court
      • to consider the requirement that the agreement must be fair and equitable and include information to demonstrate that it is fair and equitable
    • once we had an opportunity to consider these matters in agreed matters and advise appropriately, the parties may wish to proceed to file their consent documentation with the court themselves without legal representation.

Assistance with Child Support Applications and Agreements

A party may seek child support from the other parent through the child support scheme managed by the Department of Services. This process enables parents to ensure financial support for their children following separation or divorce.

The right to receive child support is governed by the Child Support (Assessment) Act, 1989 (Cth) (“the Act”), which sets out the legal framework for assessing and determining child support obligations.

While many parties opt to lodge their own child support applications, we regularly assist clients in navigating this process, especially in more complex situations. Our support includes:

• Helping applicants lodge objections when they wish to request an increase from the sum assessed to be paid.
• Assisting payers to lodge objections when seeking a reduction from the sum assessed to be paid.
• Representing parties in administrative appeals before the Administrative Review Tribunal.

In addition, we may assist parties to negotiate a private Child Support Agreement under the relevant provisions of the Act. This allows parties to “contract out” of the standard periodic payment provisions, agreeing instead to a reduced periodic rate and to share additional expenses such as school fees, special medical expenses, orthodontic expenses, and other costs as appropriate.

See our article about parenting plans at: https://turinimckeanlaw.com.au/parenting-plans/

[1] Navigating Australia’s Legal Aid maze

• Representing myself – a family law court guide to representing yourself.
• Divorce
  1. Family Law Divorce Service Kit (Do It Yourself)
  2. How do I apply for a Divorce?
  3. Serving a Divorce (Sole Applicant)
  4. Federal Circuit and Family Court of Australia
  5. Marriage, families and separation (prescribed brochure)

Please see our articles:

How to keep your Family Law costs down.

How much will my family law case cost?