6 Steps to Parenting Orders in Australia Family Court

Australian family courts urge divorcing or separating parents to agree on a parenting plan outside of court. If you can't do that, follow these steps to get parenting orders from the Federal Circuit and Family Court of Australia (FCFCOA). Parents in Western Australia should follow the Family Court of Western Australia steps instead.

Important: Your process may vary slightly. For instance, you could have extra hearings if your judicial officer needs more information or if either parent applies for more orders during the case. You can end the litigation process at any point if you reach an agreement with the other parent and have the court approve it as a consent order.

Step 1: Preparation

Before you open a parenting case in the FCFCOA, you must try to agree with the other parent through an alternative dispute resolution method (or receive an exemption due to urgency, abuse, etc.). Use a registered family dispute resolution practitioner, who can sign a certificate proving your attempt.

You also have to disclose all relevant information to the other parent before and during your case. Although it's not required, you should seek legal advice. If you can't afford a lawyer, you may qualify for free or low-rate legal assistance.

Step 2: Starting a Case

As the applicant, you lodge the case electronically and pay the initial family court fees. Attach the parenting provisions and schedule that you propose. You can also apply for urgent interim orders if your co-parent is withholding the child or poses an immediate risk.

If you're the respondent, you must file response documents and pay a court fee if you disagree with any of the orders requested.

Step 3: First Court Event

At the first court event, a judicial registrar will decide what happens next. They may order a child impact report, require you to take a parenting course, or appoint an independent children's lawyer (ICL) to represent your child's best interests.

An interim hearing may also be held to decide on temporary orders. The judicial officer will then issue an interim order, which can later be turned into a consent order if you and the other parent agree.

Step 4: Dispute Resolution

Except where collaborating is unsafe, parents must try to resolve their disputes with an approved method in the first five months of their case. This may involve a confidential meeting with a registered family dispute resolution practitioner or a free family dispute resolution conference with a judicial registrar.

If the case seems destined for trial, the judicial officer may order a more comprehensive family report, which a psychologist or social worker will complete.

Step 5: Compliance and Readiness Hearing

Before your case goes to trial, a judge will check that you've followed the court's instructions and assign a judge for the trial. You'll need to file an Undertaking as to Disclosure and a Certificate of Readiness in advance of this hearing.

Step 6: Trial (Final Hearing)

The trial is a formal proceeding where each parent presents their evidence and witnesses. The judge will ultimately make the final decisions, which they may not announce until weeks or months later.

Important: It's crucial to try to reach an agreement with the other parent quickly, as a trial can be extremely stressful and expensive, costing each parent over $100,000 in legal fees.

Staying Organized Throughout Court Proceedings

Court proceedings require serious organization. You may want to present the judge with a parenting journal, messages exchanged with the other parent, a tally of parenting expenses, and more. The Custody X Change app can help you create and manage all of this in one place, as well as develop parenting plans and calendars to potentially avoid court entirely.

Expert Family Lawyers Across Australia

🏛️ DadAssist Melbourne Family Lawyers

Serving: Melbourne, Victoria

  • Federal Circuit Court Melbourne: 305 William Street, Melbourne VIC 3000
  • Family Court of Australia Melbourne: 305 William Street, Melbourne VIC 3000

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  • Federal Circuit Court Sydney: Law Courts Building, Queens Square, Sydney NSW 2000
  • Family Court of Australia Sydney: Law Courts Building, Queens Square, Sydney NSW 2000

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Serving: Brisbane, Queensland

  • Federal Circuit Court Brisbane: 119 North Quay, Brisbane QLD 4000
  • Family Court of Australia Brisbane: 119 North Quay, Brisbane QLD 4000

⚖️ DadAssist Perth Fathers Rights Lawyers

Serving: Perth, Western Australia

  • Federal Circuit Court Perth: 1 Victoria Avenue, Perth WA 6000
  • Family Court of Western Australia: 150 Terrace Road, Perth WA 6000

🏛️ DadAssist Adelaide Family Court Lawyers

Serving: Adelaide, South Australia

  • Federal Circuit Court Adelaide: 3 Angas Street, Adelaide SA 5000
  • Family Court of Australia Adelaide: 3 Angas Street, Adelaide SA 5000