Video chapters
Quick answer
If agreement is impossible, an applicant generally completes family dispute resolution first, then files an Initiating Application, genuine-steps material, risk notice and supporting affidavit. A person served should record the response deadline, prepare the orders they want and file and serve the correct response documents.
What to do
- Resolve — Complete FDR and pre-action steps unless exempt
- Define — Draft the exact parenting orders you ask the court to make
- File — Use the application, risk notice and affidavit required
- Serve — Give filed documents correctly and keep proof
Transcript
When parents cannot agree, one person can ask the family court for parenting orders. Before filing, identify the precise orders you want about living arrangements, time, communication and major decisions. The court decides according to the child's best interests, with safety as a central consideration.
Most applicants must attempt family dispute resolution and obtain the practitioner's certificate. Pre-action procedures also require genuine steps where safe. If an exemption applies, explain it with the required affidavit material. Do not delay an urgent safety case merely to complete a process that the law exempts.
The Initiating Application states what you want the court to order. The affidavit gives relevant facts and evidence. The Notice of Child Abuse, Family Violence or Risk alerts the court to safety allegations and is required in parenting proceedings. File through the Commonwealth Courts Portal, then arrange personal service where the rules require it.
Record the first court date and every filing deadline. Prepare a Response stating the orders you seek, supporting affidavit and required risk material. Preserve the served envelope or service details. If time is short, file the best compliant response possible and seek advice rather than ignoring the proceeding.
A lawyer can test whether the proposed orders are safe, practical and enforceable, and help keep the affidavit relevant. Go To Court can provide free general information and arrange a family-law consultation where a suitable lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
- Federal Circuit and Family Court of Australia — Applying for parenting orders
- Attorney-General's Department — Section 60I certificates and family dispute resolution
- Federal Circuit and Family Court of Australia — Serving family law documents
- Attorney-General's Department — Parenting arrangements after separation
- Go To Court Lawyers — Urgent legal help
Important
This video provides general information about family law in Australia. It is not legal advice and does not take account of your circumstances. Parenting decisions turn on the child's best interests and safety; property outcomes turn on the evidence and circumstances. Laws and court processes can change. Get advice from a qualified lawyer about your situation.