If you cannot agree on parenting arrangements, you can ask the court to decide. This is called a parenting order. It is a type of court order that sets out arrangements for the care of children.
This information applies to parents and other people involved in caring for children, such as grandparents and kinship carers.
Going to court can be stressful, expensive and time-consuming. If you can, get legal advice before you apply. Go to Other support for parenting arrangements.
Before you apply
The Federal Circuit and Family Court of Australia can decide parenting arrangements when people cannot agree.
Before applying to court, you usually need to try family dispute resolution.
When you apply to the court, you will need to provide a certificate from a family dispute resolution practitioner.
The certificate may say that:
- family dispute resolution is not suitable, for example because of family violence or child abuse
- you and the other person attended and both made a genuine effort to sort things out
- you and the other person attended, but one person did not make a genuine effort
- you tried family dispute resolution, but the other person did not attend or participate.
If you do not have a certificate, you will need to ask the court for an exemption.
For more information about family dispute resolution and when exemptions can apply, go to Using family dispute resolution.
Who can apply
Parents can apply for parenting orders, including biological, adoptive and intended parents, step-parents and co-parents.
Grandparents, relatives, kinship carers and other people involved in the child’s care can also apply. For more information, go to Grandparents and others on the Federal Circuit and Family Court’s website.
How to apply
To ask the court to decide parenting arrangements, you need to file an initiating application. This is the form you use to start the court process.
You will also need to provide documents. These usually include:
- your family dispute resolution certificate, or information supporting your request for an exemption
- a Notice of child abuse, family violence or risk form
- documents about the steps you have taken before going to court (known as a Genuine steps certificate)
- an affidavit, which is a written statement about your situation and the facts of your case.
You may need other documents depending on your circumstances.
Go to How do I apply for parenting orders? on the Federal Circuit and Family Court website for instructions.
Fees
You will usually need to pay a fee when you file your application.
You may be able to get an exemption or reduction depending on your circumstances.
Go to Family law fees on the Federal Circuit and Family Court of Australia website for current fees and information about exemptions.
After you apply
After you file your application, you need to give the court documents to the other people involved in the case. This is called ‘service’.
The court has useful information about how service works. Visit How do I serve family law documents?
The court will give you a date for your first court hearing. This could be in-person or online.
Family law cases can take time. Depending on your case, you might need to attend court multiple times before the court makes final parenting orders.
The court can also make interim orders, while your case is continuing.
Family consultants and court child experts
The court may ask you and your family to meet with a family consultant or court child expert. These are qualified psychologists or social workers.
They do not represent anyone involved in the case. Their role is to provide independent information to help the court make decisions about parenting arrangements.
They may speak with:
- you and the other people involved in the case, such as the other parent or carer
- the children
- other people who have relevant information about the children.
What you say to a family consultant or court child expert is not confidential. The information can be provided to the court and used as evidence.
The consultant or expert will usually prepare a written report to give to the court.
A report can include information about:
- the issues in dispute
- family relationships
- the children's views and needs
- the children's cultural and linguistic background
- arrangements that could support the children's wellbeing.
Urgent applications
If your situation is urgent, you can ask the court to consider your application urgently.
For example, this could apply if a child is at immediate risk of harm or there are concerns about abduction.
You will need to explain why the application is urgent and provide supporting information.
For instructions, go to Children: My application is urgent on the Federal Circuit and Family Court of Australia website.
Explore our publications
Explore our related pages
- Parenting arrangements and child contact
- Divorce, separation and marriage annulment
- Living with parenting arrangements
- What the court considers when making a parenting order
- Caring for children when you are not their parent
Support from other organisations
- The Attorney-General’s Department has a handbook to help separated parents decide what arrangements are best for their children. Go to Parenting Orders: What You Need to Know.
- Family Relationships Online has information and help on family relationship issues and parenting arrangements after separation. Visit their website or call their advice line on 1800 050 321.
- Services Australia’s Guide for newly separated parents has a helpful list of tasks you may want to do when going through a separation.
- If you need legal advice, you can find a private lawyer through the Law Institute of Victoria’s Legal Referral Service. Before hiring a private lawyer, see the Victorian Legal Services Board + Commissioner’s video and fact sheet about legal costs. Go to, Six questions to ask about legal costs.
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