How to Apply for Parenting Orders When You Cannot Agree After Separation

When should you apply for parenting orders?

Parenting orders are court orders dealing with arrangements for a child. A contested application may be needed when separated parents or other people responsible for a child cannot reach agreement about issues that require a legally enforceable parenting arrangement.

The Federal Circuit and Family Court of Australia deals with parenting proceedings under Part VII of the Family Law Act 1975. A parenting proceeding is started with an Initiating Application (Family Law) unless the case is only an application for consent orders.

If you have already reached agreement and want the agreement made legally binding, do not use the contested process unnecessarily. Helpydo has a separate guide to applying for consent orders after agreeing on parenting matters.

Who can apply for parenting orders?

Section 65C of the Family Law Act allows a parenting order application to be made by:

• a parent of the child;
• the child;
• a grandparent of the child; or
• any other person concerned with the care, welfare or development of the child.

The Court requires all necessary parties to be included in the proceeding.

Do you have to attend Family Dispute Resolution first?

In most parenting disputes, you must make a genuine effort to resolve the dispute through Family Dispute Resolution before applying for parenting orders.

An accredited Family Dispute Resolution practitioner can issue the certificate commonly called a section 60I certificate. For applications subject to section 60I, the Court cannot accept the application for filing unless you file the required certificate or the Court grants an applicable exemption.

Family Dispute Resolution is only one part of the broader pre-action procedure. Prospective parties are generally expected to take genuine steps to resolve the dispute before proceedings begin.

When can you apply without a section 60I certificate?

The Family Law Act and the Court's current guidance provide limited exemptions from the usual Family Dispute Resolution certificate requirement. Relevant circumstances include:

• urgency;
• reasonable grounds to believe there has been child abuse or family violence by a party;
• a risk of family violence by a party;
• a risk of child abuse if applying to the Court is delayed;
• inability to participate effectively in FDR, including because of incapacity or physical remoteness from a provider; or
• certain applications alleging a serious contravention of a parenting order made within the previous 12 months.

An exemption is not automatic merely because you state that one of these circumstances exists. You need to give the Court the factual basis for the exemption.

How do you claim the exemption?

You can ordinarily file an Affidavit – Non-Filing of Family Dispute Resolution Certificate. If your Initiating Application seeks interim orders, the facts supporting the exemption can instead be addressed in the affidavit filed in support of those interim orders.

The Court's Parenting Practice Direction states that an Initiating Application subject to section 60I must be rejected for filing if it is filed without either the required section 60I certificate or sufficient affidavit material supporting an exemption.

Extra requirement for some violence or abuse exemptions

If relying on a family violence or child abuse exemption, you may also need to obtain information from a family counsellor or FDR practitioner about services and options available in circumstances of abuse or violence and provide written acknowledgment that you received it.

The Court states that obtaining this information does not mean you must attend or attempt FDR. The information requirement itself does not apply where the Court is satisfied there are reasonable grounds to believe delay would create a risk of child abuse or there is a risk of family violence by a party.

What other steps must you take before filing?

Unless an exception applies, prospective parties must follow the pre-action procedures in the Family Law Rules. Their purpose is to explore settlement and, if settlement is impossible, narrow the issues the Court must decide.

If the dispute remains unresolved, the prospective applicant must give the other party or parties written notice of the intention to start proceedings. The notice must identify:

• the issues in dispute;
• the orders you intend to seek;
• a genuine offer to resolve the issues; and
• a nominated period of at least 14 days for the other person to reply.

If the recipient rejects the offer, their written response should identify the disputed issues, the orders they would seek and a genuine counter-offer, with at least 14 days nominated for the initiating party to respond. If the recipient does not respond, the initiating party's obligation to continue the pre-action procedure ends.

You record compliance with, or an applicable exception to, the pre-action process in the Genuine Steps Certificate filed with the Initiating Application.

What documents do you file for parenting orders?

For an ordinary parenting proceeding, the Court's current Parenting Practice Direction requires an Initiating Application to be accompanied by the relevant supporting documents. These ordinarily include:

• the section 60I certificate or appropriate affidavit material establishing the claimed exemption;
• a Genuine Steps Certificate;
• a Notice of Child Abuse, Family Violence or Risk;
• a Parenting Questionnaire, unless an affidavit is required instead;
• an Undertaking as to Disclosure;
• a copy of any current family violence order affecting the child or a member of the child's family; and
• an affidavit if you are asking for interim orders.

An affidavit is not ordinarily required with an Initiating Application seeking final parenting orders only. It becomes necessary in circumstances identified by the Family Law Rules and Practice Direction, including where interim orders are sought.

Should you ask for final orders or interim orders?

Final orders state the parenting arrangements you want the Court ultimately to determine. If you also need temporary orders while the proceeding is being decided, the Initiating Application can include requests for interim orders.

If you seek interim orders, you must file an affidavit setting out the facts relied on to support those requests. Seeking interim orders also changes the filing fee.

How much does a parenting-orders application cost?

From 1 July 2026, the Court's published filing fees are:

• $455 for an Initiating Application seeking parenting final orders only; or
• $610 where the Initiating Application seeks parenting final and interim orders.

The $610 total consists of the $455 initiating-application fee plus the $155 interim-order application fee.

These amounts apply to a parenting-only initiating application. Different fees apply if the same application also includes financial orders.

Can the filing fee be waived?

Yes, in eligible circumstances. The Court provides exemptions from fees for people who meet specified criteria and also allows an application for exemption on financial-hardship grounds.

If you eFile and claim a general exemption, you will be asked to confirm eligibility and upload the supporting evidence. For financial hardship, the relevant Application for exemption from fees – Financial hardship must be provided as part of the filing process.

How do you file the application online?

The Court says applications should be electronically filed through the Commonwealth Courts Portal. The Portal lets you access your court file, eFile documents and access court orders.

There are two eFiling routes:

• Guided filing – uses an interactive online Initiating Application and lets you upload the supporting documents; or
• Unguided filing – you complete the form and upload the application and supporting documents yourself.

When eFiling, the applicable filing fee is paid by Visa or Mastercard credit or debit card unless an exemption applies.

If you cannot eFile, the Court permits registry filing. You need copies of the documents for each party, including yourself, and must deal with the filing fee or exemption when filing.

What happens after you file?

Once the Initiating Application and required supporting documents are accepted, the Court fixes a date for the first Court event as soon as practicable. This is not a guaranteed number of days and the Court does not publish one standard completion time for contested parenting proceedings.

If you eFiled, you can obtain the sealed application and other filed documents through the Commonwealth Courts Portal. You must then serve the required documents on the other parties in accordance with the Court's service rules.

The Court's Parenting Practice Direction identifies the documents that must be served, including the Initiating Application, relevant affidavits, Notice of Child Abuse, Family Violence or Risk, Parenting Questionnaire, Genuine Steps Certificate, section 60I certificate or exemption affidavit, and the Marriage, Families and Separation brochure.

How does the Court deal with safety and family violence?

The Notice of Child Abuse, Family Violence or Risk is mandatory for a person filing an Initiating Application seeking parenting orders. It is used to notify the Court about allegations of child abuse, family violence or relevant risks.

You must also provide a copy of any current family violence order affecting the child or a member of the child's family and keep the Court informed if that order changes.

Eligible parties may be invited to complete the Court's confidential family-safety risk screening after filing. Information provided through that risk-screening process receives specific confidentiality and inadmissibility protections under the Family Law Act.

What if the parenting application is urgent?

Urgent parenting orders can be requested where circumstances require immediate Court consideration, including situations involving immediate risk of physical or psychological harm to a child, child abduction, relocation or recovery issues.

For an urgent new parenting application, the Court's Practice Direction requires:

• an Initiating Application that includes an order seeking an urgent listing;
• an affidavit setting out the facts supporting urgency;
• the most recent family violence order, if applicable;
• a Notice of Child Abuse, Family Violence or Risk if it has not already been filed; and
• a cover letter explaining the nature of the application and why an urgent listing is required.

The Court may require the other ordinary parenting documents later. A Registrar determines an urgent-listing request on the papers. If accepted as urgent, an interim hearing date is provided at the earliest available time having regard to the issues, urgency and procedural fairness.

What does the Court consider when deciding parenting arrangements?

The best interests of the child are the paramount consideration when the Court determines parenting arrangements.

The Court's current pre-action guidance highlights considerations including the safety of the child and each person caring for the child, any views expressed by the child, the child's developmental, psychological, emotional and cultural needs, the capacity of proposed carers to meet those needs, the benefit of relationships with parents and other significant people, and the potential harm caused by involving a child in parental conflict.

A court application therefore is not a mechanism for deciding which parent has 'won' the separation dispute. The parenting orders sought and the evidence supporting them should address arrangements for the child.

Do parenting orders deal with child support or divorce?

Parenting proceedings are distinct from divorce and from the administrative child-support assessment system. If you need a child-support assessment rather than parenting orders, see the Helpydo guide to applying for a child support assessment.

If the relationship has ended and you also want to legally end the marriage, divorce is a separate proceeding. Helpydo explains that process in its guide to applying for divorce after 12 months of separation.

Common mistakes to avoid

• Do not file without a section 60I certificate or sufficient material for an exemption when the certificate requirement applies. The Court must reject a non-compliant application.
• Do not skip the wider pre-action procedure simply because you attended FDR. The Genuine Steps Certificate addresses the broader pre-action requirements.
• Do not use the contested Initiating Application merely to formalise a complete agreement. Consent orders have a separate process.
• Do not omit the Notice of Child Abuse, Family Violence or Risk. It is mandatory in a parenting Initiating Application.
• Do not forget an affidavit if you seek interim orders.
• Do not omit an existing family violence order affecting the child or a family member.
• Do not assume filing completes your procedural responsibilities. After filing, the required documents must be served on the other parties.
• Do not assume a contested parenting case has a fixed processing time. The Court sets events and case-management steps according to the circumstances of the proceeding.