Applying for parenting orders

If you cannot reach agreement about your children and mediation has not resolved things, you can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders. This guide walks through the steps and documents involved. Court forms, fees and procedures change, so treat this as general information and confirm the current requirements on fcfcoa.gov.au or with a family lawyer before you file.

Before you file: pre-action procedures and disclosure

The Court expects you to try to resolve the dispute before starting a case. For parenting matters, the pre-action procedures generally require you to:

• make a genuine effort to resolve the dispute, usually through family dispute resolution (FDR) — see family dispute resolution
• give the other party written notice of your intention to start a case, setting out the orders you will seek and a genuine offer to resolve
• comply with the duty of disclosure — being open and honest about relevant information.

The duty of disclosure is a continuing obligation. In parenting matters it means providing relevant documents and information that relate to the issues in dispute, including anything relevant to the child’s welfare and safety. It continues throughout the case, not just at the start, so keep disclosing new relevant material as it arises. Keeping good records makes this much easier.

There are exceptions to the pre-action procedures — for example where there is urgency, family violence, child abuse or a risk of abuse. If any of those apply to you, get advice quickly, because the usual steps may not be required.

You generally need a section 60I certificate

For most parenting applications you must show you have genuinely attempted family dispute resolution and obtained a section 60I certificate from an accredited FDR practitioner before you can file. There are recognised exceptions — including urgency, family violence, child abuse or risk, and situations where FDR is not appropriate.

The detail of what the certificate says and when an exception applies is covered in section 60I certificate. If you think an exception applies to you, confirm it with a lawyer or the Court rather than assuming.

The documents you typically need

An application for parenting orders usually involves several documents filed together. Names and requirements change, so check the current list on fcfcoa.gov.au, but you can generally expect to need:

• Initiating Application — the form that starts the case and sets out the interim (short-term) and final orders you are asking the Court to make.
• A supporting affidavit — your written evidence, setting out the facts you rely on. In some matters an affidavit is required at filing; in others it may be filed later. Where you raise allegations of abuse, family violence or risk, an affidavit setting out the evidence for those allegations is generally required. See affidavits in parenting matters.
• A Parenting Questionnaire — a structured form covering the key parenting issues. It is generally required unless you are filing an affidavit instead. Check which applies in your matter.
• A Notice of Child Abuse, Family Violence or Risk — a mandatory form filed with an application seeking parenting orders. It is how you notify the Court of any allegations or risks of family violence or child abuse. Completing it honestly and carefully matters — it feeds directly into how the Court manages safety in your case. See family violence and parenting.

You may also need to file a copy of any family violence order that applies to your family, and a certificate confirming you have complied with the pre-action requirements. Confirm the exact set of documents for your matter before filing.

Safety risk screening and triage

The Court screens every parenting matter for safety risk, and it does this early. Through the Lighthouse model, parties in eligible registries are asked to complete the Family DOORS Triage — a confidential online risk-screening questionnaire that helps the Court identify risks relating to family violence, child abuse and neglect, mental health, and drug or alcohol misuse.

Two things are worth knowing:

• Your answers are confidential. The risk-screen responses cannot be used as evidence in your case or used against you by the other party.
• Higher-risk matters are actively managed. Cases identified as serious or high risk may be placed on the Evatt List, a specialist list involving early information gathering, active case management, and support such as a safety and wellbeing plan and referrals to support services.

Completing the risk screen honestly helps the Court keep your children — and you — safe as the case proceeds.

Filing through the Commonwealth Courts Portal

Applications are generally filed electronically through the Commonwealth Courts Portal (comcourts.gov.au). You create an account, complete and upload your documents, and lodge them online.

Filing fees apply. The amount changes over time, so check the current fee on fcfcoa.gov.au. In some circumstances a reduction or exemption may be available — for example if you hold certain government concession cards or would suffer financial hardship. If cost is a barrier, look into a fee exemption before deciding not to file.

Serving the other party

After filing, you must serve the sealed documents on the other party so they know about the case and can respond. Family law has specific rules about how service must be done and the time frames involved, and parenting applications generally require a particular method of service rather than ordinary post.

You will usually need to file proof of service — a document confirming the other party was served and how. Getting service right matters: if it is not done correctly, your first court event can be delayed. Confirm the current service requirements on fcfcoa.gov.au or with a lawyer.

The first court event

Your first court date is generally a procedural or directions event rather than a final hearing. The focus is on identifying the issues, checking that safety risks are being managed, and setting the case on a path — which may include a return to dispute resolution, timetabling of further documents, or interim arrangements while the case continues. To prepare, read your first court date.

Urgent applications

If there is a genuine emergency — for example a real risk to a child’s safety, or a fear the child will be removed from Australia — you can ask the Court to deal with the matter urgently. Urgency may also affect whether the usual pre-action steps and section 60I certificate are required. If you are in this situation, seek legal advice immediately and make the urgency and any safety concerns clear to the Court.

What orders you can seek

In your Initiating Application you can ask for both:

• Interim orders — short-term arrangements to be in place until the case is finished, and
• Final orders — the long-term arrangements you want the Court to make at the end.

These typically cover who the child lives with and spends time with, communication, parental responsibility and decision-making, and any safeguards the child needs. Remember that since 6 May 2024 there is no presumption of equal shared parental responsibility and no automatic equal-time pathway — everything is decided on the child’s best interests, with safety paramount. See interim and final orders and the 2024 family law changes.

Practical tips

• Be reasonable and child-focused. The orders you propose should be workable for your child, not designed to win a point against the other parent.
• Propose arrangements that actually work — realistic changeovers, school and holiday patterns, and communication that suits your child’s age.
• Be specific. Vague orders cause future disputes. Clear dates, times and locations do not.
• Tell the Court about safety concerns honestly and early, through the Notice and the risk screen.
• Keep good records of communication, incidents and time with your children — see keeping records.
• Confirm current forms and fees on fcfcoa.gov.au, and get legal advice about your specific situation before filing.

Starting a court case is a significant step. Approaching it calmly, honestly and with your child’s best interests at the centre gives you the best footing — both with the Court and for your children.