What happens at your first court date

Your first court date can feel daunting, but it is rarely the dramatic showdown people imagine. In the Federal Circuit and Family Court of Australia (FCFCOA), the first event in a parenting case is usually a short procedural hearing — not a trial, and not the day a judge decides the long-term arrangements for your children. Knowing what it is for, and what it is not, is the single best way to steady your nerves.

What the first court event is

After you file (or respond to) an application for parenting orders, the court gives you a first return date. Unless the matter is urgent, this is usually one to two months after filing. This first event is often called the first return date or a directions hearing, and it is commonly conducted by a Senior Judicial Registrar or Judicial Registrar rather than a judge. In some matters it will be before a judge.

The point of this hearing is case management — getting the matter organised, safe, and moving. The registrar or judge hears from each party about what the dispute is really about and what steps need to happen next to prepare the case for later stages.

The purpose of the first hearing

At the first court event the court will typically try to:

• Identify the issues — what is agreed, what is in dispute, and what the children actually need decided.
• Screen and manage safety risk — family violence, child safety, drug or alcohol concerns and mental health issues are taken seriously from the outset. Under the law as it stands since the 6 May 2024 reforms, the child’s safety is paramount, and the court manages risk early.
• Make interim and procedural orders — short-term arrangements to cover the period until the case is finished, and “housekeeping” directions.
• Set a timetable — dates for filing further material and for the next court event.
• Refer parties to dispute resolution or order reports where appropriate.

Who is present

You can expect some or all of the following:

• The registrar or judge who is managing your case.
• The other parent, and their lawyer if they have one.
• Your lawyer, if you have one. If you are representing yourself, you speak for yourself — see representing yourself.
• An Independent Children’s Lawyer (ICL) in some cases. An ICL represents the children’s best interests, not either parent. They may already be appointed or the court may consider appointing one.
• Court staff, and sometimes a triage counsellor in matters flagged for safety risk.

The public may also be present, though family law hearings are subject to strict privacy rules about what can be published.

Triage, case management and the Lighthouse Project

The FCFCOA uses a triage and case-management model designed to get matters to the right pathway quickly and to identify risk early. In many registries this includes the Lighthouse Project — a program that screens parenting cases for safety risks using a confidential online questionnaire (a risk screen) completed by each party. Higher-risk matters may be referred to a triage counsellor and case-managed on a specialist pathway (such as the Evatt List) with close judicial oversight.

If you are asked to complete a risk screen, answer it honestly and fully. It is confidential, and it helps the court keep everyone — especially the children — safe. Do not treat it as a tactical exercise.

How to prepare and what to bring

Preparation is where you make your own luck. Before the day:

• Know your own application and affidavit inside out. You should be able to say, in a sentence or two, what orders you are asking for and why they are in the children’s best interests. See affidavits in parenting matters.
• Be clear on the orders you seek — both your ideal position and a sensible fallback. Write them down.
• Be ready to propose realistic interim arrangements. Courts respond well to a parent who offers a workable, child-focused plan rather than an all-or-nothing demand.
• Bring your documents: your filed application and affidavit, any orders already made, the other party’s material, a notepad and pen, and a diary so you can check dates if a timetable is discussed.
• Sort out logistics: know the registry address, allow time for parking and security screening, and arrange care for the children — do not bring them to court.

If safety is a concern, contact the registry beforehand about safe-room facilities, separate entry and exit, and remote appearance options.

Court etiquette

Good conduct genuinely helps your case. Judges and registrars notice which parent is calm and child-focused.

• Arrive early — at least 30 minutes before your listed time.
• Dress neatly and turn your phone off (not just silent).
• Address the judge as “Your Honour”, and the registrar respectfully.
• Stand when you speak to the court, and sit when others are speaking.
• Be calm and brief. Answer what you are asked. Do not interrupt, argue with, or talk over the other parent — even if you strongly disagree.
• Do not speak while the judge is speaking. Wait your turn.

Likely outcomes

At the end of the first court event, common results include:

• Interim orders setting the arrangements that apply while the case continues. See interim and final orders.
• Directions and a timetable — dates for filing further affidavits, subpoenas, or other material, and the date of the next hearing.
• A referral to a dispute resolution conference or mediation to try to narrow or resolve the issues.
• Orders for a family report or for a family consultant to prepare an assessment, or the appointment of an ICL.
• An adjournment to another date if more information is needed.

You will not usually get a final decision about long-term living arrangements at this stage.

What NOT to do

• Do not lose your temper or make personal attacks. It undermines your credibility.
• Do not interrupt the judge, the registrar, or the other party.
• Do not make promises you cannot keep about interim arrangements.
• Do not exaggerate or invent allegations. Overstating your case damages your reliability on the things that matter.
• Do not ignore the court’s directions — comply with every deadline you are given.

Managing nerves

Nerves are normal. A few things help: prepare thoroughly so you are not improvising; write your key points on a single page; arrive early so you are not rushing; breathe slowly and speak slowly; and remember the hearing is usually procedural, so the pressure is far lower than a trial. If you freeze, it is fine to say, “Your Honour, may I have a moment.” Court staff and duty lawyers are used to self-represented parents and can point you in the right direction.

What happens next

After the first court event you follow the timetable the court set: file any further material by the deadlines, attend any dispute resolution conference in good faith, cooperate with a family report writer or ICL if appointed, and comply with any interim orders precisely. If the interim orders turn out to be unworkable, you generally raise that at the next listed event rather than simply departing from them. Keeping careful records throughout will make every later step easier — see keeping records.

This is general information, not legal advice. Court practices and requirements change, and every family’s circumstances differ. Confirm the current requirements with the Court or get advice from a family lawyer or a community legal centre about your own situation.