Pre-action procedures in parenting cases

Who can apply for parenting orders?

An application for parenting orders can be made by:

• a parent
• a grandparent
• any other person concerned with the care, welfare or development of the child, for example aunts, uncles, and the de facto partner of a parent.

The pre-action procedures

If you and your ex-partner can’t agree on the parenting arrangements for your child, you usually need to take steps to try to settle your dispute before you can apply for parenting orders. These  steps are called the pre-action procedures. They include:

• trying mediation
• sending your ex-partner a notice of intention, or responding to their notice of intention
• giving your ex-partner a copy of the Before you file – pre-action procedure for parenting cases (prescribed brochure) by the Federal Circuit and Family Court of Australia.

What you need to do

You must follow these steps if:

• you want to apply for parenting orders
• your ex-partner wants to apply for parenting orders.

While you are following these steps, you are expected to act reasonably and responsibly.

You must consider:

• what is in the best interests of your child, including how to protect them from harm
• how to keep your child and the people who care for them safe
• your child’s needs
• whether you and your ex-partner can meet your child’s needs
• the benefit of your child having a relationship with people who are significant to them, if it is safe
• the harm your child may suffer if they are drawn into the conflict or asked to take sides 
• the impact of applying for parenting orders that aren’t in the best interests of your child
• the best way to identify and settle your disagreements
• how your letters, emails, or messages may affect your ex-partner 
• how to avoid long, unnecessary, hostile, or inflammatory communication
• your duty to share important information about the case

You must not:

• use these steps for the wrong reason, such as to upset your ex-partner or delay the case 
• raise irrelevant issues when communicating with your ex-partner.

Disclosure

If you and your ex-partner must share important information about the issues in your case as early as possible. This is called disclosure. This may include criminal records, medical reports, school reports, letters, drawings, and photographs.

You must keep doing this when you start the pre-action procedures and continue until your case is finished.

For more information, see Disclosure in parenting cases.

Mediation

If it is safe to do so, you and your ex-partner must:

• cooperate with one another to agree on a mediation service, and
• make a real effort to settle your dispute at mediation.

For more information, see Family law mediation.

If you reach an agreement at mediation, you should put your agreement into writing. For more information, see Parenting agreements.

If you are not sure whether you and your ex-partner need to go to mediation, you should get legal advice.

Getting a section 60I certificate

To apply for parenting orders, you usually need to file a section 60I certificate with your application.

To get a section 60I certificate, you need to contact a mediator about mediation.

A mediator can give you a section 60I certificate if:

• mediation is not appropriate in your case
• you or your ex-partner don’t attend mediation
• if you or your ex-partner don’t make a real effort during mediation
• you both made a real effort during mediation but couldn’t reach an agreement.

A section 60I certificate is valid for 12 months. If you have a valid section 60I certificate, you can apply for parenting orders. You must file this certificate with your application, unless the court grants you an exemption.

If you and your ex-partner reach an agreement at mediation, you will not get a section 60I certificate. If you later want to apply for parenting orders, you will need to try mediation again, unless you apply for an exemption.

Exemptions

You can apply for an exemption from filing a section 60I certificate if:

• your case is urgent, for example, you are applying for a recovery order
• there are reasonable grounds to believe that there has been, or there is a risk of, family violence or child abuse
• you or your ex-partner can’t participate effectively in mediation, for example because you are too far away
• your ex-partner has  breached an order that was made within the last 12 months, showing a serious disregard for their obligations under the order they breached.

You will need to explain to the court why you are applying for an exemption.

If you are applying for interlocutory (temporary) parenting orders, you can explain why in your affidavit.  

If you aren’t applying for interlocutory parenting orders, you must complete an Affidavit – Non-Filing of Family Dispute Resolution Certificate and file it with your other forms.

You can get a copy of this form from the Family law forms page on the Federal Circuit and Family Court of Australia website.

You do not need to file a section 60I certificate if you and your ex-partner are applying for consent orders.

For more information, see Before you file – pre-action procedure for parenting cases (prescribed brochure) on the Federal Circuit and Family Court of Australia website.

Exemption refused

If the court refuses your request for an exemption from filing a section 60I certificate, your application for parenting orders may be rejected. You will need to try mediation and get a section 60I certificate before you can re-apply for parenting orders. 

If you applied for property settlement orders as well as parenting orders, you can file a new application for property settlement orders only.

Notice of intention

A notice of intention is a letter that says you will apply to the court for parenting orders if you cannot settle your dispute.

Sending a notice

Before you apply for parenting orders, you must send your ex-partner a written notice of intention if:

• you cannot try mediation because there is no available mediation service
• someone fails or refuses to try mediation, or
• you cannot reach an agreement at mediation.

Your notice must include:

• the issues that you and your ex-partner cannot agree on
• your proposed parenting arrangements (called an offer of settlement)
• the orders you will ask for if your case goes to court 
• a reasonable time for your ex-partner to reply, which must be at least 14 days.

Responding to a notice

If you get a notice of intention from your ex-partner, you must reply in writing within the time given and say whether you accept their proposal.

If you agree with their proposed parenting arrangements, you should put your agreement into writing. For more information, see Parenting agreements.

If you do not agree, you must send a letter that explains:

• why you disagree with their proposal
• the issues that you and your ex-partner still can’t agree on
• the parenting orders you will ask for if your case goes to court
• the parenting arrangements you want
• a reasonable time for your ex-partner to reply, which must be at least 14 days.

If you are not sure how to respond, or whether you should respond,  you should get legal advice.

If you do not follow these steps

You and your ex-partner must follow the pre-action procedures before you apply for parenting orders, unless an exemption applies.

The court may decide you have not followed the procedures if you don’t:

• try mediation
• send your ex-partner a notice of intention before applying for orders
• reply to your ex-partner’s notice of intention within a reasonable time
• give any relevant information or documents to your ex-partner.

If you don’t follow the pre-action procedures, the court may stay (pause) your application  until you do. The court may also order you to pay your ex-partner’s legal costs. If you are not sure whether you have followed the procedures, you should get legal advice.

Last updated: May 2026