Family Law Legal Hotline Victoria

Can I get an emergency intervention order in Victoria tonight?

Yes — the Magistrates' Court of Victoria can issue an interim Family Violence Intervention Order (FVIO) on the same day, including through after-hours applications via Victoria Police. If you are in immediate danger, police can apply for an FVIO on your behalf at any hour. An interim order can include conditions requiring the other person to leave the family home and prohibiting contact. You do not need to wait until court opens. Call 000 if you are in danger, or call Legal Hotline on 1800 951 176 for guidance on the process right now.

How is custody of children decided in Victoria?

In Victoria, there is no legal concept of 'custody' — the Federal Circuit and Family Court of Australia uses 'parental responsibility' and 'parenting arrangements' under the Family Law Act 1975 (Cth). The court's sole focus is the best interests of the child under sections 60CA and 60CC of that Act. There is no automatic presumption of equal time. Factors considered include the child's relationship with each parent, any history of family violence or abuse, the child's own views (based on maturity), and practical logistics such as school and location. Every case is decided on its own specific facts.

Do de facto couples in Victoria have the same property rights as married couples?

Yes — de facto couples in Victoria have the same property rights as married couples under the Family Law Act 1975 (Cth). Victoria referred its de facto property law powers to the Commonwealth in 2009, which means the Federal Circuit and Family Court of Australia applies the same four-step property settlement process to de facto couples as to married couples. However, de facto partners must apply within 2 years of separation (compared to 12 months after divorce for married couples), so timing is critical. Superannuation splitting is also available to de facto couples in Victoria.

What happens if my ex takes my children interstate without my permission?

Taking children interstate without consent may breach existing parenting orders and can constitute a criminal offence under section 65Y of the Family Law Act 1975 (Cth). You should immediately contact Legal Hotline on 1800 951 176 and seek urgent legal advice. The Federal Circuit and Family Court of Australia Melbourne registry can hear urgent applications for Location Orders and Recovery Orders, and can request that the Australian Federal Police place the children on the airport watch list to prevent them being taken overseas. Acting within hours — not days — is essential to the success of these urgent applications.

How long does a property settlement take in Victoria?

The timeline for property settlement in Victoria depends on whether the matter resolves by agreement or goes to a contested hearing. If both parties reach agreement, Consent Orders can be filed with the Federal Circuit and Family Court of Australia Melbourne registry and are typically approved within 4 to 8 weeks. If the matter is contested, proceedings can take 12 to 24 months or longer before a final hearing. The most important deadline is the limitation period: de facto couples must apply within 2 years of separation and married couples within 12 months of the divorce order becoming final. Missing these deadlines requires leave of the court.

What is a Section 60I Certificate and do I need one in Victoria?

A Section 60I Certificate is a document issued by an accredited family dispute resolution (FDR) practitioner confirming that parties attempted mediation before filing parenting proceedings in the Federal Circuit and Family Court of Australia. In Victoria, this certificate is required before filing most parenting applications under rule 4.09 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Exemptions exist for urgency, family violence, child abuse risk, and situations where one party is unwilling to attend. If you file without a certificate and no exemption applies, your application may be dismissed. Call Legal Hotline to check whether you qualify for an exemption.

Can I stop my ex from selling the family home during separation in Victoria?

Yes — the Federal Circuit and Family Court of Australia has the power to grant an injunction under section 114 of the Family Law Act 1975 (Cth) to prevent the sale, transfer, or encumbering of property during family law proceedings in Victoria. Urgent injunctive relief can be sought on very short notice, sometimes within 24 to 48 hours, where there is a risk that assets will be dissipated. It is also possible to lodge a caveat over real property in Victoria through Land Use Victoria to protect your interest in the title. Both steps require legal advice — call 1800 951 176 now if this is urgent.

What is the role of an Independent Children's Lawyer in Victorian family law proceedings?

An Independent Children's Lawyer (ICL) is appointed by the Federal Circuit and Family Court of Australia to represent the best interests of children in complex or serious parenting disputes — not to represent the children's stated wishes directly. In Victoria, ICLs are commonly appointed where there are allegations of abuse, family violence, or significant conflict between parents. The ICL reviews evidence, may arrange for the children to be interviewed by a family consultant, and provides an independent perspective to the court. ICL costs are typically shared between the parties unless one party has legal aid. Your lawyer can apply for an ICL appointment.

What happens at a first court date for family law in Melbourne?

At the first court event in the Federal Circuit and Family Court of Australia Melbourne registry — known as the First Return Date — the judge or registrar will review what orders are being sought, whether there are any urgent issues, and direct the parties on next steps including filing requirements and whether family dispute resolution is required or has occurred. This is not usually the hearing where final decisions are made. However, interim orders for parenting time or injunctions can be made at this first event. Being represented by a lawyer at the first date significantly improves your ability to shape the direction of the proceedings from the outset.

How does Victoria Police's role in family violence affect my family law case?

Victoria Police plays a significant operational role in family violence matters under the Family Violence Protection Act 2008 (Vic) — police can apply for FVIOs, issue Family Violence Safety Notices (which operate as immediate protection before a court hearing), and conduct risk assessments using the Common Risk Assessment and Management Framework (CRMAF). A Family Violence Safety Notice issued by police becomes the basis for an automatic court hearing, typically within 5 business days at a Magistrates' Court of Victoria. Police reports and FVIO history are also admissible in FCFCOA parenting proceedings and can significantly influence outcomes regarding parental responsibility and time arrangements.