Application for Parenting Orders to be filed in the Family Court of Australia / Federal Circuit Court

Create this legal Document

Contact us to create this legal document.

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

990

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

990

Self Service

Self Service is not yet available for this document.

990

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

A$

2,200

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

A$

2,200

Lawyer Assisted

Lawyer Assisted is not yet available for this document.

Full Service

We create a bespoke document based on
your instructions.

From:

A$

2,200

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Thank you! Your message has been received!
Oops! Please check your details and try again.

What are Parenting Orders?

Parenting Orders are a set of orders made by a court under Part VII of the Family Law Act 1975 (FLA) about parenting arrangements for a child/children.

Parenting Orders can be made:

1️⃣  By consent; or

2️⃣  Following a Court hearing or trial.

This document can be used to generate Parenting Orders to suit either purpose.

Parenting Consent Orders

When there is an agreement between the parties, usually the mother and the father (but can include others such as grandparents), they both jointly file proposed Parenting Consent Orders with the Family Court of Australia / Federal Circuit Court.

The Court will review the proposed Parenting Consent Orders, and proceed to make Parenting Orders based on that agreement and in consideration of the "best interests of the child/children".

Certificate of Attempted Mediation^

This is a certificate made under Part VII (matters involving children), Section 60I of the Family Law Act 1975 (FLA).

Before you can make an application to the Court for a Parenting Order, or to change an existing Parenting Order, you need to first attempt family dispute resolution with a registered Family Dispute Resolution Practitioner ("FDRP").

If the dispute cannot be resolved using family dispute resolution, you will need a certificate from the Family Dispute Resolution Practitioner ("FDRP") you engaged to conduct the mediation before going to court.

This Certificate of Attempted Mediation* must be filed in support of the court application.

"Applying to the court for orders should be a last resort and only considered after all genuine efforts to resolve the matter have failed".

When don’t I need to provide a Certificate of Attempted Mediation?

You do not have to provide a Certificate of Attempted Mediation* if you are seeking:

➲ Interim or procedural orders only (generally these are orders to operate until your case has a final hearing) unless you are applying for these orders at the same time as filing an Initiating Application (Family Law);

➲ Financial orders only;

➲ Consent orders;

➲ Hague Abduction Convention orders

➲ Property settlement only, even if you have a child/ren

➲ Child support, or

➲ An amended application (relating to a child that is the subject of the current application).

What are the exceptions to providing a Certificate of Attempted Mediation?

Under section 60I(9) of the Act, you can seek an exemption from providing a Certificate of Attempted Mediation* in the following circumstances:

✅ If your matter is urgent;

✅ If the Court is satisfied that there are reasonable grounds to believe that:

➲ There has been child abuse and/or family violence by a party;

➲ There is a risk of family violence by a party; and/or

➲ There is a risk of child abuse if there were to be a delay in applying to the Court; or

✅ Where a party is unable to participate effectively in FDR (for example, due to an incapacity to do so or physical remoteness from a FDR provider);

✅ If your application relates to an alleged contravention of an existing order that was made within the last 12 months, and there are reasonable grounds to believe that the person who has allegedly contravened the order has behaved in a way that shows a serious disregard for his or her obligations under that order.

Parenting Orders following a Court Hearing or Trial

If the parties cannot reach an agreement between themselves, the court can make Parenting Orders following a court hearing or trial.

What should Parenting Orders include?

Parenting orders can cover a couple of topics or an extensive list - there is no requirement to deal with any particular matters.

A parenting order may deal with the following:

➲ Who the child will live with;

➲ How much time the child will spend with each parent;

➲ The allocation of parental responsibility;

➲ How the child will communicate with a parent they do not live with or other people;

➲ Travel arrangements;

➲ Schooling arrangements;

➲ Supervision orders;

➲ Location orders;

➲ Restrictions on parental behaviour; and

➲ Any other custom orders regarding any aspect of the care, welfare or development of the child.

Important Notes:

1️⃣ This document can only create specific parenting obligations on two parties, usually the separated mother and father;

2️⃣ Ensure these two parties are listed as the Applicant and the Respondent in this document;

3️⃣ This document is not intended for use in the Family Court of Western Australia as this Court uses its own versions of the equivalent Family Court of Australia / Federal Circuit Court forms generated by this process. Western Australia is unique amongst Australian states in being the only state with its own Family Court.

^ Source: Compulsory Family Dispute Resolution – court procedures and requirements

Social Media Sharing Image: Courtesy of Adib Harith Fadzilah on Unsplash

Test your knowledge and get a discount for this document: take the .

Enter the code WHen you pay full price to Purchase one of the following Self Service documents:

No items found.

Re-Enter the code at checkout each time you buy the following documents to get a discount:

No items found.

Resources

What clients say

swipe left or right to view more testimonials
The self serve resources on the website that they offer also gave me a chance to do a bit of my own research and calm my nerves at 3am. The free legal health check was great! There`s a lot of things in my business that I didn`t realize needed attention. Saved me a bit of cash having to consult a commercial lawyer asking basic questions.

Stefan Kent | NSW Conveyancing Matter [More.]

,

FirmChecker

21

Jul 2021

Positive: Professionalism, Responsiveness. I'm one of those nightmare clients that know enough about the law to get themselves into trouble. The restraint and patience that they showed throughout the process; taking the time to explain things I overlooked or didn't understand is one of the best parts of the experience.

Stefan Kent | NSW Conveyancing Matter

20

Jul 2021

I had called a few people to help me with conveyancing and every single one were either impatient, humourless, or uninterested. Speaking with James on the phone felt like I was catching up with a mate and served to calm the nerves that came with my first property purchase. Look forward to working with them again!

Stefan Kent | NSW Conveyancing Matter [Cont.]

,

Google

20

Jul 2021

James is very kind and helpful. He is also a very experienced and informative lawyer you can rely on.

T Z

25

May 2021

Positive: Professionalism, Quality, Responsiveness, Value. "Best of the best service! James is so kind and really likes to help. Very professional and knowledgeable too!"

Yan Zheng

10

Jul 2020

An up and coming, innovative firm that does things differently. Blue Ocean takes an interdisciplinary approach to its personal + commercial law practice to ensure you’re getting what you + your company needs. It has a growing list of automated 24/7 legal documents with Embedded Lawyer-Logic™ …

Blue Ocean Law Group ➲ Best Law Firms in Sydney CBD

1

Jul 2020

Positive: Responsiveness. "Insightful and adaptive legal service. Exceptional communication and collaborative working style - highly recommended."

Emily Stevens

14

Jun 2020

Positive: Professionalism, Quality, Responsiveness, Value. "The service from James Ford at Blue Ocean Law Group has been excellent. Very reassuring."

John Terry

2

Jun 2020

Professional knowledgeable. "The lawyer is really trying to understand the situation and give me the best advice for every possible way to protect my rights. The lawyer also gives advice on things I didn't request initially but definitely need in the future."

Amanda Xu

27

May 2020

What is a Free Legal Health Check and why is this the best place to start?

What is a Free Legal Health Check? ✅

Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.

How does it work?

1️⃣ Complete our Intelligent Questionnaire:

You will be asked to provide information about your personal and/or business circumstances;

2️⃣ Automated Report:

The process uses inbuilt Embedded Lawyer-Logic™ to help you identify key legal risks + concerns and prioritise solutions.

A customised (jargon-free) report is generated in plain english with actionable recommendations.

3️⃣ Deliver Solutions:

You can then consider the information in your own time, and when convenient, select the most appropriate self-service legal documents from our online 24/7 portal or reach out to our legal team to discuss your options in more detail.

What does it cover?

🧩 Estate planning;

🧩 Marriage and de facto relationships;

🧩 Tax structuring;

🧩 Dispute avoidance/resolution;

🧩 Investment properties;

🧩 Business sale/purchase;

🧩 Business financing;

🧩 Co-ownership arrangements;

🧩 Managing staff;

🧩 Commercial terms;

🧩 Websites and intellectual property;

🧩 Regulatory compliance.

Why go through this process?

This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs in order!

Achieve Zen-like “peace of mind” knowing your legal affairs are in order

Our Buccaneer Package is designed for individuals + includes our constantly expanding library of [Self-Service] personal legal documents.

It is compelling value with pricing at less than $1 per day which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your legal bills!

Our Yachtsman Package designed for business owners includes our constantly expanding library of [Self-Service] personal + business legal documents.

It is compelling value with pricing at circa $3.50 per day [equivalent to the price of a cup of tea or coffee!] which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your personal + business legal spend!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

More than 1000+ Australian Lawyers use Embedded Lawyer-Logic. How does it work?

More than 1000+ Australian lawyers use this industry leading automated legal document generation solution. It uses Embedded Lawyer-Logic™ designed by leading lawyers in their respective fields.

Step 1️⃣: Information Gathering

Our intelligent online questionnaire adapts to your answers and only asks relevant questions.

Simply follow the guidance and enter the requested information about your matter.

Step 2️⃣: Document Assembly

The information is then sent to our back-end legal document generation engine, which follows a matrix of algorithms to make decisions about what should be in your legal document, just as an expert human lawyer would do.

The engine then draws from an enormous body of content to assemble a top-tier quality legal document that’s tailored to your situation + requirements.

Our Embedded Lawyer-Logic™ technology includes numerous quality control checks + automatic error-correction, massively reducing the risk of human error.

Step 3️⃣: Document Delivery

The finished document is then emailed to you in PDF format, ready to print and sign.

Optional: Lawyer Review/Assistance

Your answers to the online questionnaire and a copy of the finished document in both Word + PDF formats are automatically forwarded to our legal team.

If we notice anything out of-the-ordinary we will contact you to discuss.

If you are a subscribed member or opt for paid Lawyer-Assistance, we will use the allocated time to assist to clarify and resolve any questions you may have.

Optional: Full Service

If your matter is complex, high risk or you have never been involved in legal matters before, we highly recommend you opt for our Full Service.

Our legal team will contact you and assist you throughout the entire process.

If you are a subscribed member the cost for the time spent by our legal team to assist you is heavily discounted.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

When should I reach out to speak to your legal team?

Our [Self-Service] legal documents are designed to be completed "without the intervention of a lawyer".

This approach will be appropriate for the majority of routine legal matters, where you are experienced and have learnt what needs to be considered and have gained experience in using our 24/7 online document portal to generate your legal documents instantly.

Some routine matters maybe totally new to you (meaning that you will have questions and we recommend you select our [Lawyer-Assisted] service).

Other matters maybe unusually complex, or of such high-value or risk that involving our legal team is the prudent course to take.

For these matters we recommend you select our [Full Service] option.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Is the Legal Documents Portal Secure? Does it use encryption to protect my personal information?

Our website + back-end system use the best possible web-based security available.

It was once said:

It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.

In a more general context (outside of encrypted secure website traffic/data) it has also been said:

Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
How? Human error.
Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What extras does an upgrade to Lawyer-Assisted Service include?

Your upgrade to our [Lawyer-Assisted] Service includes …

⚖️ Professional Indemnity (Limited Liability) by a scheme approved under Professional Standards Legislation;

⚖️ Access to Professional Fee Funding* / Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee our external legal finance provider);

✅ Allocated Time included to understand your circumstances + objectives, answer your queries + provide legal advice & make recommendations regarding alternative/additional options; and

✅ Create your standardised Legal Document based on your instructions.

Plus [+] Where Appropriate (at no additional charge)

⚖️ Use of proprietary fonts to maximise fraud prevention;

⚖️ Use of our Law Firm Letterhead;

➲  Send your Legal Document for electronic signature/s using AdobeSign; and/or

🔒 Application of TraxPrint Fraud + Litigation Prevention Technology.

* More Information about Professional Fee Funding:

Our firm has partnered with QuickFee and Splitit to provide you with an interest free payment option. While we remain your service provider, the payment method is provided by QuickFee, a specialist payments provider for professional firms.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Why does Blue Ocean Law Group℠ use a *.law website domain?

What is a *.law web domain?

⚖️ *.law is a top-level-domain (TLD) that aims to:

Promote trust in the professional legal community by creating a:

✅ Verified;

✅ Exclusive; and

✅ Reserved online space in which only accredited lawyers and law firms can establish a comprehensive digital brand.

✅ Website users can have confidence they are dealing with an authorised and licensed lawyer/law firm.

✅ *.law offers effective branding to those in the legal community, with the ability to secure a domain name that clearly communicates who you are + the legal resources you provide.

All about *.law domain names

Source: join.law - Why *.law?

We have separated or are thinking about separation. What do we need to read + understand first about seeking assistance, child custody + financial matters?

The Family Court of Australia prescribes as mandatory reading the following Fact Sheets.

Whilst it may appear counter-intuitive, starting here will maximise the chances of you resolving your differences +/or settling matters outside of the Family Court.

Marriage, families and separation

This brochure provides information for people considering, or affected by separation or divorce.

It includes information about:

  • the social and legal effects of separation;
  • the services provided to families by the Family Court of Australia and Federal Circuit Court of Australia and by government, community and other agencies, and
  • some of the steps involved in court proceedings.

Pre-action procedure for parenting cases

This brochure provides information for people considering applying to a court for parenting orders.

Pre-action procedures apply to financial cases.

This brochure provides information for people considering applying to a court for financial orders.

Compulsory Family Dispute Resolution
➲ Court procedures and Requirements

For more free information + resources generally

Please refer to our Australian Family Law Resources + Dispute Resolution -> Smart List

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Which Court do I/we make an application to? the Family Court of Australia / Federal Circuit Court / Family Court of Western Australia?

Family Court of Australia / Federal Circuit Court?

The general rule (judicial resources permitting) is that unless special or exceptional circumstances apply (refer below) your application will most likely be heard by the Federal Circuit Court (“FCC”).

Protocol for the division of work between the Family Court of Australia and the Federal Circuit Court*

"The Chief Justice and the Chief Judge have published this Protocol for the guidance of the legal profession and litigants, so as to enable matters to be directed properly to the court appropriate to hear them.
The Protocol may on occasions give way to the imperatives of where a case can best be heard and is not intended to constrain the discretion of a judicial officer having regard to the applicable legislation and the facts and circumstances of the case before him or her.
If any one of the following criteria applies, then the application for final orders ordinarily should be filed and/or heard in the Family Court of Australia (“FCoA”), if judicial resources permit, otherwise the matter should be filed and/or heard in the Federal Circuit Court (“FCC”).
1️⃣ International child abduction;
2️⃣ International relocation;
3️⃣ Disputes as to whether a case should be heard in Australia;
4️⃣ Special medical procedures (of the type such as gender reassignment and sterilisation).
5️⃣ Contravention and related applications in parenting cases relating to orders which have been made in FCoA proceedings; which have reached a final stage of hearing or a judicial determination and which have been made within 12 months prior to filing.
6️⃣ Serious allegations of sexual abuse of a child warranting transfer to the Magellan list or similar list where applicable, and serious allegations of physical abuse of a child or serious controlling family violence warranting the attention of a superior court.
7️⃣ Complex questions of jurisdiction or law.
8️⃣ If the matter proceeds to a final hearing, it is likely it would take in excess of four days of hearing time.

NOTE: The FCoA has exclusive jurisdiction in relation to adoption and the validity of marriages and divorces.

Family Court of Western Australia

Western Australia is unique amongst Australian states in being the only state with its own Family Court.

This may change in the future as we understand there are discussions regarding a future merger with the Family Court of Australia.

If your matter has a nexus (i.e., connection) to Western Australia, then you may make an application to the Family Court of Western Australia.

If you are unsure whether you matter is connected to Western Australia, please contact our legal team to seek legal advice specific to your circumstances.

To provide some general background to what constitutes connection the threshold tests differ for parenting and financial matters.

Parenting Matters

The test for the required connection Western Australia differs depending upon the specific orders being sought.

Financial Matters

The threshold test is specified in s. 205X of the Family Court Act 1997 (WA):

205X. People to whom this Part applies — connection with WA

Despite section 36(5), before making an order under this Division a court must be satisfied —
(a) that one or both of the parties to the application were resident in Western Australia on the day on which the application was made; and
(b) that —
(i) both parties have resided in Western Australia for at least one third of the duration of their de facto relationship; or
(ii) substantial contributions of the kind referred to in section 205ZG(4)(a), (b) or (c) have been made in the State by the applicant.

*Source: Protocol for the division of work between the Family Court of Australia and the Federal Circuit Court

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How do I eFile and access my case documents and information online incl. Court Dates in the Family Court of Australia / Federal Circuit Court of Australia / Federal Court of Australia?

The Commonwealth Courts Portal

The Commonwealth Courts Portal is an initiative of the Family Court of Australia, Federal Court of Australia and Federal Circuit Court of Australia.

It provides online services for registered litigants (you) +/or your lawyer enabling you/your lawyer to eFile/eLodge + access case documents & information incl. Court Dates.

How do I?

How do I eFile?

How do I navigate through the Commonwealth Courts Portal?

How do I register for the Commonwealth Courts Portal?

Federal Law Search

The portal also includes Federal Law Search which provides selected information on cases filed in the:

  • Federal Court of Australia; and
  • General Federal Law jurisdiction of the Federal Circuit Court of Australia.

The information is real time and includes all cases that have commenced since 1 January 1984.

As the database is continually updated, the results of a search may vary from time to time as new information is entered.

Matters where a pseudonym has been assigned to a party are not searchable in Federal Law Search.

Source: Commonwealth Courts Portal.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.