Family Lawyers Parramatta

How does family law work in New South Wales?

If you are separating in Parramatta or anywhere in Western Sydney, two different court systems may touch your family, and they do different jobs.

Divorce, parenting arrangements, property settlement and spousal maintenance (ongoing financial support for a former partner) are governed by a federal law, the Family Law Act 1975 (Cth), and are decided by the Federal Circuit and Family Court of Australia. The same Act applies whether you live in Blacktown, Penrith, Liverpool or the Hills, and whether you were married or in a de facto relationship (a couple living together on a genuine domestic basis without being married).

Safety and child protection are handled under New South Wales law in New South Wales courts. Protection from family violence comes through an Apprehended Domestic Violence Order (ADVO) made by the Local Court of NSW under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). If the Department of Communities and Justice (DCJ) has concerns about a child's safety, that case runs in the Children's Court of NSW under the Children and Young Persons (Care and Protection) Act 1998 (NSW). Adoption orders and surrogacy parentage orders are made by the Supreme Court of NSW.

Many families deal with more than one of these at once, for example an ADVO in the Local Court and a parenting application in the federal court, so each court needs to be told about the other.

Which courts deal with family law in Parramatta and Western Sydney?

Parramatta has its own family law registry, so most Western Sydney families do not need to travel into the Sydney CBD. The Federal Circuit and Family Court of Australia sits in the Garfield Barwick Commonwealth Law Courts Building at 1-3 George Street, Parramatta. The court describes it as a 15 minute walk from Parramatta station. Most documents, including divorce applications, are filed online through the Commonwealth Courts Portal rather than over the counter.

The state courts are in the same part of town. Parramatta Local Court, where ADVO applications for the area are listed, is at 12 George Street, Parramatta. Parramatta Children's Court, which hears care and protection cases, is at 2 George Street in the Parramatta Justice Precinct. Other Local Courts across Western Sydney also hear ADVO matters. The Local Court has announced that Penrith Local Court sittings and registry services will temporarily move to the Parramatta courthouse at 12 George Street from 21 December 2026 to 12 March 2027, so check your court notice for the location.

If you have experienced family violence, or someone says you have used it, and you have a family law matter, the Family Advocacy and Support Service offers duty lawyers and social support workers. In New South Wales its duty lawyers are reached through Legal Aid NSW.

What are the rules for divorce, property and de facto couples in NSW?

Divorce in Australia is no-fault. You need to show you have been separated for at least 12 months and that there is no reasonable likelihood of getting back together. You can be separated while still living in the same home, known as separation under one roof, but the court will want extra evidence of that. Since 10 June 2025, couples married for less than two years no longer need a counselling certificate before applying. In most cases a divorce order takes effect one month and one day after it is made.

A divorce does not divide property or settle parenting arrangements. If you were married, you must apply for property or maintenance orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you must apply within two years of the relationship breaking down. After that you need the court's permission, which is not always given.

De facto couples in NSW are covered by the same federal property rules as married couples, but must first pass a gateway: the relationship lasted at least two years, or there is a child of the relationship, or the relationship was registered under a state law, or one person made significant contributions and failing to make an order would result in a serious injustice. In NSW, registration happens under the Relationships Register Act 2010 (NSW) and is open to adult couples where at least one partner lives in NSW.

Changes that started on 10 June 2025 also affect how property is divided. The court can now take into account the economic effect of family violence, the law spells out the duty to give full financial disclosure, and there is a specific framework for deciding who keeps a family pet.

One state detail matters when a home or car changes hands: Revenue NSW provides a transfer duty exemption for relationship property transferred under family law court orders, a binding financial agreement or a separation agreement dividing property, if all conditions are met.

What has to happen before a parenting case can go to court?

Court is meant to be a last resort. Before you can file an application for parenting orders, you must make a genuine effort to resolve things, including attempting Family Dispute Resolution, a form of mediation run by an accredited practitioner. If it does not work, the practitioner issues a section 60I certificate, which you file with your application. Without a certificate or an exemption, the court will reject the application.

Exemptions exist for urgent cases and where there has been, or there is a risk of, family violence or child abuse, among others. You are not expected to sit in mediation if it is not safe.

Government-funded Family Relationship Centres, legal aid commissions and private practitioners offer Family Dispute Resolution. The Family Relationship Advice Line on 1800 050 321 can point you to a service near you in Western Sydney.

If the case does go to court, the judge decides what is in the child's best interests. The matters the court must consider include what arrangements would keep the child and their carers safe from family violence, abuse, neglect or other harm, the child's views, their developmental, psychological, emotional and cultural needs, and the benefit of a relationship with their parents and other significant people where that is safe. There is no rule of equal time, and there is no longer a presumption that parents share decision-making equally.

What if I need protection from family violence in NSW?

If you are in danger, call 000. In New South Wales a protection order between family members or partners is called an Apprehended Domestic Violence Order. Most applications are made by NSW Police on behalf of the person who needs protection, and police must apply where the person is under 16. If police decide not to apply, you can apply yourself through your Local Court registry if you are 16 or older.

The court can make an interim (temporary) order to protect you until the final hearing. An ADVO does not give the defendant a criminal record, but breaching one can lead to criminal charges. Domestic violence orders made anywhere in Australia since 25 November 2017 are automatically recognised and enforceable in every state and territory. Since 1 July 2024, coercive control of a current or former intimate partner has also been a criminal offence in NSW.

If you have or want parenting orders, you must tell the family law court about any ADVO. The federal court must make sure its orders do not expose anyone to family violence.

How is NSW different from other states?

The core law on divorce, parenting and property is the same across Australia except Western Australia, which has its own state family court. Protection orders are ADVOs in NSW, intervention orders in Victoria and domestic violence orders in Queensland, each under that state's own Act and in that state's own courts. Child protection agencies and children's courts are state-based. Relationship registration, transfer duty relief, adoption and surrogacy rules are also set by each state. In NSW, for example, an application for a surrogacy parentage order must be made to the Supreme Court no earlier than 30 days and no later than six months after the birth.