Applying for parenting orders

Starting a court case is a formal process with steps you’re expected to complete in order. Skipping them can cost you time, priority, or a costs order.

Step 1 — Have your section 60I certificate (or an exception)

For most parenting applications you need a section 60I certificate from a family dispute resolution practitioner, unless an exception applies (family violence or child abuse, urgency, and some others).

Step 2 — Follow the pre-action procedures

Before filing, the court expects you to complete pre-action procedures, which include:

• making a genuine attempt to resolve the matter (FDR);
• giving the other party written notice of your intention to start a case, setting out the issues, the orders you’ll seek, and a genuine offer to resolve, with a time to respond; and
• complying with the duty of disclosure.

These steps show the court you tried to resolve things and behaved reasonably.

Step 3 — Prepare your documents

Typically you’ll need:

• an Initiating Application setting out the interim and final orders you seek;
• an affidavit setting out the facts you rely on (especially for interim orders);
• your section 60I certificate; and
• any other documents required (for example a Notice of child abuse, family violence or risk, if relevant).

Step 4 — File and serve

You file with the court (usually electronically) and then serve the documents on the other party according to the rules. Filing fees apply (fee reductions or exemptions may be available).

Step 5 — The first court date and beyond

After filing you’ll get a first court event. The court manages the case — this may include interim hearings, further dispute resolution, the appointment of an Independent Children’s Lawyer, and orders for a family report, before any final hearing.

Get the specifics right

Form names, filing rules, and fees change. Always confirm the current requirements on fcfcoa.gov.au and, ideally, have a family lawyer review your application and affidavit before you file.