Family Law in Tasmania — What You Need to Know Right Now
Do You Need a Lawyer?
You absolutely need a lawyer — or at minimum urgent legal advice — in the following Tasmanian family law situations, and the consequences of going without one are serious.
If your former partner has applied to the Federal Circuit and Family Court for parenting orders and you do not respond or appear, the court can make final orders entirely in their favour without hearing your side. Those orders are legally binding and difficult and expensive to overturn.
If you are involved in a property settlement following separation and you do not formalise the agreement through Consent Orders or a Binding Financial Agreement under the Family Law Act 1975 (Cth), either party can reopen financial claims for up to 12 months after divorce is finalised or two years after separation for de facto partners. Informal handshake deals offer no legal protection.
If you have been served with an Interim Family Violence Order under Tasmania's Family Violence Act 2004 and you contest it without legal representation, you risk making admissions or presenting your case poorly in the Magistrates Court, potentially leading to a final FVO that affects your employment, firearms licence, or ability to see your children.
If the Department for Education, Children and Young People (previously DHHS) has become involved and is assessing your children, a lawyer can help you respond constructively and protect your parental rights before proceedings escalate to the Children's Court of Tasmania.
If you are frightened, overwhelmed, or simply unsure what your rights are, that uncertainty itself is a risk. A single call to Legal Hotline at 1800 951 176 can clarify exactly where you stand and what you need to do next — at no cost to you.
The Law in Tasmania
Family law in Tasmania operates across two distinct legal frameworks that often intersect.
At the Commonwealth level, the Family Law Act 1975 (Cth) governs divorce, parenting arrangements, and property settlement for married couples, and — crucially for Tasmania — also covers de facto relationships following Tasmania's referral of de facto property powers to the Commonwealth. This means Tasmanian de facto couples have the same property and parenting rights under federal law as married couples. The Federal Circuit and Family Court of Australia (FCFCOA) is the primary court for these matters and maintains a permanent registry in Hobart at 39-41 Davey Street. Launceston listings are also conducted periodically.
At the state level, Tasmania's Family Violence Act 2004 (Tas) is the cornerstone legislation protecting people from family violence. This Act defines family violence broadly, including emotional, economic, and physical abuse, and empowers the Magistrates Court of Tasmania to issue Family Violence Orders (FVOs). Tasmania Police also have standalone power to issue Police Family Violence Orders (PFVOs) without a court application when they attend an incident.
For children in need of protection, the Children, Young Persons and Their Families Act 1997 (Tas) governs child protection investigations and proceedings conducted in the Children's Court of Tasmania, which sits in Hobart and Launceston.
Mediation is a mandatory first step before most parenting and property disputes reach the FCFCOA. In Tasmania, Family Dispute Resolution (FDR) services are provided by Relationships Australia Tasmania and Centacare Tasmania, among others. Parties must obtain a Section 60I certificate from an accredited FDR provider before filing most parenting applications — unless family violence or urgency applies.
Understanding which court, which Act, and which procedure applies to your specific situation is the first step. Call 1800 951 176 and a lawyer will map this out for you immediately.
Key Legislation & Courts
KEY LEGISLATION AND COURTS — TASMANIA FAMILY LAW
Primary Legislation: • Family Law Act 1975 (Cth) — divorce, parenting, property • Family Violence Act 2004 (Tas) — Family Violence Orders • Children, Young Persons and Their Families Act 1997 (Tas) — child protection • Status of Children Act 1974 (Tas) — parentage
Key Courts: • Federal Circuit and Family Court of Australia (FCFCOA) — Hobart Registry, 39-41 Davey Street • Magistrates Court of Tasmania — FVOs, local family matters • Children's Court of Tasmania — child protection proceedings
Key Bodies: • Legal Aid Commission of Tasmania — funded representation • Relationships Australia Tasmania — Family Dispute Resolution • Department for Education, Children and Young People — child protection
What Happens Next — Step by Step
1
Step 1 — Call Legal Hotline immediately on 1800 951 176. Available 24/7, a real lawyer will listen to your specific situation and tell you exactly which Tasmanian court or process applies to you right now. This call is free.
2
Step 2 — If there is immediate family violence or you fear for your safety or your children's safety, contact Tasmania Police (000) who can issue a Police Family Violence Order on the spot. You can also apply at the Hobart, Launceston, or Devonport Magistrates Court for an emergency Family Violence Order the same day.
3
Step 3 — Gather and secure key documents: marriage or de facto evidence, birth certificates, financial records, mortgage statements, superannuation details, and any prior court orders or FVOs. Store copies somewhere safe and accessible, separate from your former partner.
4
Step 4 — If parenting arrangements are disputed and there is no immediate safety risk, contact Relationships Australia Tasmania (1300 364 277) or Centacare Tasmania to book Family Dispute Resolution. You will need a Section 60I certificate from this process before filing parenting applications in the FCFCOA, unless an exemption applies.
5
Step 5 — If court action is necessary, file your application at the FCFCOA Hobart Registry or online through the Commonwealth Courts Portal. Apply for Legal Aid through the Legal Aid Commission of Tasmania if you cannot afford private representation, and call Legal Hotline 1800 951 176 at any stage if you are unsure what to do next.
Mistakes to Avoid
⚠️
Leaving the family home without legal advice first. In Tasmania, voluntarily vacating the family home during a separation can affect both your property settlement position and your ability to quickly return. Before moving out, call 1800 951 176 to understand the implications — you may have options to have a violent partner excluded from the home instead through a Family Violence Order.
⚠️
Relying on informal parenting agreements without court orders. Many Tasmanian parents agree on custody arrangements verbally or by text without formalising them. If the other parent changes the arrangement or relocates with the children, you have no court order to enforce — and enforcement through the FCFCOA requires you to start from scratch, which takes time your children may not have.
⚠️
Missing the 12-month property settlement deadline after divorce. Under the Family Law Act 1975 (Cth), married couples must commence property proceedings within 12 months of a divorce order becoming final. Tasmanian de facto couples have two years from the date of separation. Many people miss these deadlines thinking they have more time — after which you need court leave to proceed, which is not guaranteed.
⚠️
Not disclosing all financial assets in property proceedings. The FCFCOA requires full and frank financial disclosure. Hiding superannuation, cryptocurrency, business interests, or property from your former partner and the court in a Tasmanian property matter is a serious breach that can result in costs orders against you, adverse findings, or orders being set aside and remade — often in the other party's favour.
Likely Outcomes
Understanding realistic outcomes helps you make informed decisions rather than being driven purely by fear or anger.
For parenting matters in Tasmania, the Federal Circuit and Family Court applies the best interests of the child as the paramount consideration under section 60CC of the Family Law Act 1975 (Cth). Equal shared parental responsibility is the starting point in many cases, but this does not automatically mean equal time. Practical factors like each parent's location within Tasmania, work arrangements, and the child's schooling and established routines all influence final orders. Interim orders are typically made within weeks to months; final hearings can take 12 to 24 months or longer depending on FCFCOA Hobart registry workload and the complexity of the dispute.
For property settlement, the court follows a four-step process: identify and value the asset pool, assess contributions, apply future needs adjustments, and determine a just and equitable outcome. There is no automatic 50/50 split. A long marriage with one party as primary carer may result in a significantly different outcome than a short de facto relationship.
For Family Violence Orders in the Magistrates Court of Tasmania, a final FVO typically lasts two years but can be extended. Breach of an FVO is a criminal offence under the Family Violence Act 2004 carrying up to two years imprisonment or a fine of up to 80 penalty units.
Child protection outcomes in the Children's Court can range from family support plans to guardianship orders — outcomes with lifelong significance that require experienced legal representation.
Parenting Orders (FCFCOA Hobart)
Interim orders possible within weeks; final orders after trial typically 12-24 months. Best interests of the child is the paramount test under s60CC Family Law Act 1975 (Cth).
Property Settlement Timeframe
12-month limitation period post-divorce for married couples; 2 years post-separation for de facto couples in Tasmania. Court proceedings can take 1-3 years without consent.
Family Violence Order (Magistrates Court TAS)
Emergency FVO same-day; final FVO typically lasts 2 years. Breach is a criminal offence — up to 2 years imprisonment under Family Violence Act 2004 (Tas).
Divorce (Federal)
Divorce orders under the Family Law Act 1975 (Cth) require 12 months separation. Application through FCFCOA; order takes effect one month and one day after grant. Does not resolve property or parenting.
Legal Aid in Tasmania
The Legal Aid Commission of Tasmania (LAT) provides government-funded legal assistance to eligible Tasmanians facing family law matters, including representation in the FCFCOA, Magistrates Court FVO proceedings, and Children's Court child protection matters.
Eligibility is means and merits tested — you must demonstrate financial need and that your case has sufficient legal merit to warrant funding. Legal Aid is most commonly granted in parenting disputes involving allegations of family violence or abuse, child protection proceedings, and defended FVO applications.
Contact the Legal Aid Commission of Tasmania: phone 1300 366 611, or visit their offices at 158 Liverpool Street, Hobart or 187-191 Charles Street, Launceston. The Commission also operates outreach services in regional and rural Tasmania.
Important limitations: Legal Aid Tasmania is under significant demand pressure and waiting times for duty lawyer services and assigned representation can be substantial. Not all family law matters will receive full representation funding. If you are unsure whether you qualify, or if Legal Aid cannot assist you in time, call Legal Hotline on 1800 951 176 — we can help you understand your options and navigate the Legal Aid process right now.
How Legal Hotline Can Help
Legal Hotline is a free, 24-hour telephone legal service staffed by real Australian lawyers — and we are available to Tasmanians right now, any time of day or night, including weekends and public holidays.
When you call 1800 951 176, you are not speaking to a chatbot or a paralegal reading from a script. You will speak directly with a lawyer who understands the Family Law Act 1975 (Cth), Tasmania's Family Violence Act 2004, the Federal Circuit and Family Court's Hobart registry processes, and the practical realities of family disputes in this state.
We help Tasmanians in family law crises by: • Explaining immediately what your rights are and what the law actually says about your situation • Telling you which court — FCFCOA, Magistrates Court, or Children's Court — handles your issue • Walking you through what to expect at every stage, from FDR mediation through to final hearing • Advising you on urgent steps to protect yourself and your children right now • Helping you understand Legal Aid eligibility and how to apply through the Legal Aid Commission of Tasmania • Preparing you to engage effectively with solicitors, mediators, and the court system
Family law matters in Tasmania can feel isolating, particularly in regional areas far from Hobart or Launceston where legal services are concentrated. Legal Hotline removes that barrier entirely. Wherever you are in Tasmania — Devonport, Burnie, Queenstown, or the Huon Valley — help is one call away.
Call 1800 951 176 now. It costs you nothing and could change everything.
Frequently Asked Questions — Family Law in Tasmania
Can I apply for a Family Violence Order in Tasmania without a lawyer?
Yes, you can apply for a Family Violence Order at any Magistrates Court in Tasmania without a lawyer, and court staff can assist you with the paperwork. However, if the other party contests the order, having legal representation significantly improves your outcome. In an emergency, Tasmania Police can issue a Police Family Violence Order immediately without any court application on your part. Call 1800 951 176 for guidance on the fastest and safest option for your situation right now.
Does Tasmania have its own Family Court?
No, Tasmania does not have a dedicated state Family Court. All divorce, parenting, and property matters under the Family Law Act 1975 (Cth) are heard in the Federal Circuit and Family Court of Australia (FCFCOA), which maintains a permanent registry in Hobart at 39-41 Davey Street and also lists matters in Launceston. Family violence orders are handled by the Magistrates Court of Tasmania, and child protection proceedings are heard in the Children's Court of Tasmania.
How long does a family violence order last in Tasmania?
A final Family Violence Order in Tasmania typically lasts two years, though the Magistrates Court can make it for a shorter or longer period depending on the circumstances. An interim FVO can be granted on the same day you apply and remains in force until the matter is finalised. Breach of an FVO is a criminal offence under the Family Violence Act 2004 (Tas) carrying penalties of up to two years imprisonment or a fine of up to 80 penalty units. Call 1800 951 176 if you need help applying or responding to an FVO.
What rights do de facto couples have under Tasmanian family law?
De facto couples in Tasmania have the same rights as married couples for both property settlement and parenting matters under the Family Law Act 1975 (Cth), because Tasmania referred its de facto property law powers to the Commonwealth. This means you can apply to the Federal Circuit and Family Court of Australia for property orders and parenting orders. You must act within two years of separation to bring property claims. Call 1800 951 176 to confirm your entitlements and deadlines based on your specific relationship history.
Do I have to attend mediation before going to court about my children in Tasmania?
Yes, in most cases you must attempt Family Dispute Resolution and obtain a Section 60I certificate before filing parenting applications in the FCFCOA under section 60I of the Family Law Act 1975 (Cth). Exemptions apply if there is family violence, child abuse, urgency, or the other party is unwilling to participate. In Tasmania, accredited FDR providers include Relationships Australia Tasmania (1300 364 277) and Centacare Tasmania. If you believe an exemption applies to your situation, call 1800 951 176 for immediate advice before taking any steps.
How is property divided after separation in Tasmania?
Property division after separation in Tasmania is governed by the Family Law Act 1975 (Cth) and decided by the FCFCOA using a four-step process: identifying and valuing all assets and liabilities, assessing financial and non-financial contributions by each party, considering future needs factors such as income disparity or caring responsibilities, and determining what is just and equitable. There is no automatic 50/50 split. Superannuation can be split as part of the settlement. You have 12 months post-divorce or two years post-separation (de facto) to commence proceedings. Call 1800 951 176 for a frank assessment of your position.
My former partner wants to relocate with our children from Tasmania — what can I do?
You can urgently apply to the Federal Circuit and Family Court of Australia for a parenting order preventing the relocation, and the court can act the same day if children are at immediate risk of being removed from Tasmania. Under the Family Law Act 1975 (Cth), a parent cannot relocate children in a way that is inconsistent with existing parenting orders without consent or court approval. Even where no orders exist, the court takes relocation applications extremely seriously. Time is critical — call 1800 951 176 immediately if you believe your children are about to be moved without your agreement.
What happens if I breach a Family Violence Order in Tasmania?
Breaching a Family Violence Order in Tasmania is a criminal offence under section 35 of the Family Violence Act 2004 (Tas) and carries a maximum penalty of two years imprisonment or a fine of up to 80 penalty units — or both. Police in Tasmania treat FVO breaches seriously and commonly proceed with charges. A criminal conviction for FVO breach can affect your employment, professional licences, firearms permissions, and family law proceedings. If you are at risk of breaching or have been charged with a breach, call Legal Hotline on 1800 951 176 immediately for urgent advice.
How does child support work in Tasmania?
Child support in Tasmania is administered federally by Services Australia under the Child Support (Assessment) Act 1989 (Cth) — there is no separate Tasmanian system. The amount is calculated using a formula based on both parents' taxable incomes, the number of nights each parent cares for the children, and the ages of the children. You can apply for an administrative assessment directly through Services Australia online or by phone. Either party can seek a departure from the formula through the FCFCOA if special circumstances apply. Call 1800 951 176 if you need help understanding your assessment or challenging a figure.
Can grandparents apply for contact or custody of children in Tasmania?
Yes, grandparents and other significant people in a child's life can apply to the Federal Circuit and Family Court of Australia for parenting orders, including orders for contact or live-with arrangements, under section 65C of the Family Law Act 1975 (Cth). The court must consider the benefit to the child of having a meaningful relationship with grandparents. Grandparents do not need to have been the primary carer to make an application. Before filing, Family Dispute Resolution is generally required. Call 1800 951 176 to find out whether you have grounds to apply and what the process involves in the Hobart FCFCOA registry.
For general information about Family Law in Australia, visit our Family Law Legal Hotline Australia page.