When parents can’t agree on who the children live with or how time is shared, they may need to ask the Family Court for a parenting order. This page explains how to apply, what steps are involved, and what to expect—without the legal jargon.

Whether you’re going through a tough separation or just need something formalised, here’s how the process works.

Step 1: Try Mediation First (Family Dispute Resolution)

Before going to court, you’ll usually need to try Family Dispute Resolution (FDR)—a form of mediation with a neutral third party. This is required under Australian law, unless:

• There’s a risk of family violence or child abuse

• It’s urgent

• One parent can’t be located

If mediation doesn’t work or isn’t safe, you’ll receive a certificate (called a Section 60I certificate) that allows you to apply to court.

Step 2: Prepare Your Application

To start your court case, you’ll need to:

• File an Initiating Application with the Federal Circuit and Family Court of Australia (FCFCOA)

• Provide an Affidavit—a sworn statement outlining your situation and what you’re asking the court to decide

• Include a Notice of Child Abuse, Family Violence or Risk, if relevant

• Pay the filing fee or apply for a fee reduction if eligible

Step 3: Serve the Other Parent

Once filed, you must legally serve the documents on the other parent, so they have a chance to respond. They may agree, oppose, or file their own requests.

Step 4: Go to Court

You’ll be given a court date—this could be a directions hearing or an interim hearing. The judge may:

• Encourage both parties to reach an agreement

• Make short-term (interim) parenting orders

• Order a Family Report—prepared by a social worker or psychologist to assess what’s best for the children

• Appoint an Independent Children’s Lawyer (ICL) if there are serious concerns

Step 5: Final Hearing and Orders

If no agreement is reached, your matter may go to a final hearing (similar to a trial). The judge will consider all the evidence and make a final parenting order that must be followed.

Real-Life Example

Case Study: Protecting the Kids First

After separation, James and Priya couldn’t agree on their son’s living arrangements. Mediation failed because James had a history of verbal aggression. Priya applied for a parenting order. The court made an interim order for the child to live with Priya and spend supervised time with James. A family report was ordered, and based on its findings, the court made a final order for shared time, with clear safety measures in place.

Do You Need a Lawyer?

You can apply for a parenting order on your own, but getting advice from a family lawyer can help—especially if there are safety concerns, communication issues, or complex parenting needs.