Much of the time, avoiding going to Court in family law proceedings makes sense. The Court process can be costly, and uncertain. When it comes to financial matters, there are so many variables at play that lawyers cannot predict with certainty a precise outcome, but only a range of outcomes. With parenting matters, an adversarial, combative process can often drive parents apart when they need to come together for their children.
That said, certain situations may require Court intervention and going to Court may be the logical step you need to take. This can be when children are at immediate risk of harm, or somebody is unreasonably refusing to allow sensible parenting arrangements to occur, or when a difficult forensic question (often related to allegations of abuse) needs to be assessed by experts that the Court can appoint.
In financial matters, Court intervention can be required to keep the other party honest, and keep everyone to a timetable. If your case has been dragging out in negotiations for six months or a year, you may feel it is time to draw a line in the sand and commence a process that at least has a timeline and the powers of the Court to force disclosure from someone who is being reluctant, shifty, or who may be moving property around without your consent.
It takes calm, level-headed, and determined lawyers to properly advise you on when to go to Court, when not to go to Court, and how to respond to Court proceedings. If you have just received an application to go to Court, are considering taking that step, or are frustrated with the way your case is playing out (before or during Court), contact our best family lawyers in Melbourne on 9614 7111 to see what the next step is for you.