If you are a grandparent you can make an application to the Federal Circuit and Family Court to consider whether they need to make arrangements for you to be able to see your grandchildren if this can not be agreed through mediation.

A court takes into account a number of factors when decided who children live with and and who they spend time with.

The paramount consideration are the rights and needs of the child. If parents are able to agree on the living arrangement of the children, the Court does not usually have to make a decision.

Under the Family Law Act 1975, the Court adopts a four-step process.

1. Identify the net asset pool, including assets and liabilities.
2. Consider the following contributions:
   • Financial contributions,
   • Non-financial contributions,
   • Contributions to the family welfare inluding any homemaker or parents contributions,
   • Effect of any propose order on the earning capacity of either party.
3. Consider any other factors suchs as age, health, earning capaicty, responsibility to care and house a child or other party and financial resources and whether one party should receive an adjustment.
4. Are the proposed orders just and equitable.

Yes.

De facto Property settlement maintenance applications must be commenced 2 years after the date of separations.

Marriage property settlements and spousal maintenance must be commenced within 12 months from the date of Divorce.

Divorce – there are no time limits to when a Divorce application can be brought, except it can not be made until 12 months post separations.