Parenting

Hears applications for parenting orders, including Recovery Orders and orders relating to relocation or travel.

All applications for parenting orders are filed in Division two of the Federal Circuit and Family Court of Australia.

An application under the Hague Convention is dealt with in Division one of the Federal Circuit and Family Court of Australia if a child is brought to Australia unlawfully. If a child is removed from Australia unlawfully, an application for return will be dealt with in the appropriate court of that country.

FDR is a type of mediation that helps parents reach an agreement about arrangements for their child.

It is part of the process known as pre-action procedures (PAPS) and must be completed before you can apply to court for parenting orders.

The Family Law Watchlist is a system maintained by the Australian Federal Police that stops a child from being taken out of Australia unlawfully. The watchlist operates at all points of arrival and departure in Australia.

It is sometimes known as the airport watch list.

Violent, threatening or other behaviour by a person that coerces or controls a member of that person's family or causes them to be fearful. Examples include:

• physical assault
• intentionally damaging property
• preventing contact with friends or family
• unreasonably withholding financial support needed for living expenses
• repeated derogatory taunts
• intentionally harming an animal.

• incapable of representing him or herself,
• incapable of giving proper instructions to his or her legal representative, and/or
• under legal incapacity due to age, mental illness or incapacity, disability or other special circumstances in relation to the conduct of the proceedings.

The process everyone must go through before applying for parenting orders unless an exemption applies. It includes:

• attempting to resolve matters through FDR
  
• notifying the other party of your intention to apply for parenting orders
  
• giving the other party an opportunity to respond.

A person responsible for the care, welfare and development of a child, including:

• a biological mother (except for surrogate mothers)
• a biological father
• adoptive parents
• the same sex partner of a mother where the child was conceived by artificial conception and the partner consented to the conception.

In some circumstances a biological parent may not be a legal parent of a child, for example sperm or egg donors.

A written agreement about the parenting arrangements for a child that have been voluntarily entered into and is signed and dated by both parents. ​

A parenting plan is not legally binding, but a court will take it into account if a dispute arises later on.

Legally binding and enforceable court orders that set out the parenting arrangements for a child, including:

• who has parental responsibility
  
• who a child lives with
  
• who a child spends time with
  
• any other matter that deals with the care, welfare and development of a child, for example, education or hand over arrangements.

A court order that:

• requires a child to be returned to a parent or person with parental responsibility for the child
• can authorise the police to find and recover a child
• can provide directions about the day-to-day care of a child until they are returned
• can prohibit a person from removing the child or taking the child into their care again.

Local Court of NSW

Federal Circuit and Family Court of Australia

You have to pay a filing fee if you apply to the Local Court of NSW or Federal Circuit and Family Court of Australia for parenting orders.

See Family law fees on the Federal Circuit and Family Court of Australia website.

In some cases, you may be able to apply for the filing fees to be waived or reduced. You can speak to the relevant court for more information about this or see Guidelines for exemptions of court fees on the Federal Circuit and Family Court of Australia website.

Local Court of NSW

Federal Circuit and Family Court of Australia

You will generally have to pay your own legal costs in parenting matters.

The Court can order that one party pay some or all of the other party's legal costs, but it will usually only do this if there is particular conduct by a party, such as where one party breaches a court order or causes excessive delays. This is called party-party costs.  For more information, see Family Law: Costs on the Federal Circuit and Family Court of Australia website.