Parenting Orders through the Court

You can fire off a parenting application when there’s drama about where the child lives, who gets to awkwardly parent them when, or spicy topics like school, medical decisions, or overseas travel (especially if one of you wants to “accidentally” not come back).

Before clogging the court’s already unhappy calendar, you’re supposed to try Family Dispute Resolution (FDR). It’s like relationship therapy, but for people who no longer like each other at all. If that fails, you get a shiny section 60I certificate, which is basically a permission slip to litigate.

Exceptions (a.k.a. The Fast Track):

• Someone’s being abusive or violent (big yikes, straight to court).
• The matter is urgent, like a child has been Houdini’d.
• One party is unable to participate properly (due to, say, being completely unhinged or otherwise incapacitated).
• There’s already a case underway (yes, the drama never ends).

The Family Law Act 1975 (yes, it’s still kicking) gives the Court power to make parenting orders under sections 64B, 65C, 65D, and 65DA. But the real meat is section 60CC, which forces the Court to consider the best interests of the child – even if that’s inconvenient for either parties’ vendetta.

Two big questions, six big s60CC(2)(a)-(f) factors:

1. Will the child benefit from a relationship with both parents (even if one of you is mildly insufferable)
2. Is the child being harmed or exposed to toxic nonsense?

Protection from harm usually wins the day. Sorry, not sorry.

Here’s what you need to do before you can grace the court with your presence:

• Attempt FDR (unless you qualify for an exemption – see above).
• Fill out a Genuine Steps Certificate. It’s like saying, “Look, I really tried not to sue.”
• Issue a Notice of Intention to Commence Proceedings and give the ex 14 days to respond.
• Gather evidence: think affidavits, school records, your neighbour’s diary entries.
• File and serve everything correctly, because the court doesn’t have time for amateur hour.

To bless the court with your parenting dispute, you’ll need:

1. An Initiating Application – what you want, both now and later.
2. An Affidavit – your side of the story ((hopefully less dramatic than your ex’s, 10 pages of affidavit material or less, and no more than 5 annexures (backup documents, also known as “The Receipts.”))
3. A Notice of Risk Document – where you spill any allegations of violence or abuse.
4. A Genuine Steps Certificate – see earlier sarcasm.
5. If the matter’s urgent – an urgent letter to the Registrar.

Once you file, the other parent (or “the Respondent,” if we’re being posh) must be personally served: yes, with the actual legal documents, not just a passive-aggressive text.  They then get to submit:

1. A Response to the Initiating Application,
2. Their own Affidavit, and
3. A Notice of Risk, and
4. A Genuine Steps Certificate.

It’s like a court-sponsored show-and-tell, but for custody arrangements.

Once your matter is filed, it’s swept into the Case Management Pathway, which sounds efficient but involves many delightful steps:

• First court event: where interim orders might be made.
• Directions hearings: like a GPS for the case.
• Reports: Family or child impact reports may be ordered (everyone loves being interviewed).
• Interim hearings: more court dates if you can’t stop fighting.
• Final hearing or trial: the dramatic conclusion, unless you shock everyone and settle.

At all times, the Court pretends to care more about the child than your mutual hatred.

When it’s DEFCON-1 (like a child’s been snatched or there’s real danger) you can file urgent interim orders or a Recovery Order. Skip the 60I certificate if needed, but be prepared to explain the emergency clearly. Bonus points for not being hysterical in your affidavit.

If the Court thinks your proposed arrangements aren’t completely bonkers, it might make parenting orders. These can include:

• Who the child lives with.
• Who gets visitation (a.k.a. “quality time”).
• Decision-making power on big life stuff.

And guess what? These orders are legally binding, so if someone disobeys, you can file a Contravention Application and drag them back to court for round two.

Want to avoid court? You can whip up a Parenting Plan under s 63C. It’s flexible, casual, and totally unenforceable. Great for co-parents who still act like adults, terrible for everyone else.

Filing a parenting application is the legal equivalent of saying, “We’ve failed to adult, so now a judge must babysit our parenting.” It’s a whole journey, governed by the Family Law Act 1975, stuffed with pre-filing hoops, and focused (hopefully) on the child’s best interests.