Navigating Parenting Matters in the Family Court: What to Expect

When parenting disputes arise, the Federal Circuit and Family Court of Australia follows a structured process aimed at ensuring the best interests of the child are met.

Trying to reach agreement first: Pre-Action Procedures

Before commencing legal proceedings, parents are required to comply with Pre-Action Procedures. These involve genuine attempts to resolve disputes, including providing written notice to the other party of an intention to issue proceedings, and attending family dispute resolution where appropriate.

When agreement isn’t reached: entering the court process

If an agreement can’t be reached, court proceedings may follow. The Court is guided by the Family Law Act 1975, which requires that the child’s best interests are the paramount consideration.

Key sections of the Act — such as 60B, 60CA and 60CC — outline how the Court determines what is in the best interests of the child. These include factors like:

• protecting the child from harm,
• the child’s relationship with each parent,
• any views expressed by the child, and
• each parent’s ability to meet the child’s emotional and developmental needs.

Starting your parenting case: what you need to file

To commence proceedings, several documents must be prepared and filed, including:

• Initiating Application -detailing the parenting orders sought
• Affidavit – outlining the family background and parenting arrangements both pre and post-separation
• Notice of Child Abuse, Family Violence or Risk – mandatory for allowing the Court to respond quickly to safety concerns
• Genuine Steps Certificate– confirming pre-litigation efforts to resolve the matter and compliance with the Pre-Action Procedures.

What happens after filing: the first hearing

Once documents are filed, the Court schedules a first return hearingusually held 6 to 8 weeks later. This initial hearing is often procedural, with any argument listed at a later day, but may also deal with urgent interim issues where necessary. The Court may also order:

• a Child Impact Reportor
• Later, a Family Assessment Report.

These reports help the Court better understand the children’s needs, the issues in dispute, and what arrangements may be in the best interests of the child.

Towards resolution or Trial

After these reports, the Court will often refer the parties to further dispute resolution. If this doesn’t resolve the matter, it may proceed to a Trial, where a Judge will make final parenting orders.

Throughout the process, the Court can issue subpoenas or request information from relevant authorities (such as child protection or police) to ensure informed decisions are made.

When additional support is needed: the role of an Independent Children’s Lawyer

In complex cases involving allegations of family violence, abuse, or serious mental health concerns, the Court may appoint an Independent Children’s Lawyer (ICL). The ICL:

• acts as a separate party to represent the best interests of the child,
• may provide independent recommendations to the Court
• will meet with the child and give them an opportunity to express their views.

A realistic outlook: what you can expect

It’s important to understand that the litigation process can be unpredictable, and outcomes may vary. However, your legal team will aim to resolve matters without the need for a trial wherever possible. Negotiation remains a key part of the process at every stage.Staying focused on what matters most

While the path to final parenting orders may seem overwhelming, with the right legal support and a clear understanding of the Court’s expectations, clients are better equipped to navigate the journey ahead with confidence and focus on the wellbeing of their children.

Get in Touch

At TGB Lawyers, our experienced family law team is here to guide you through every stage of parenting disputes – from early negotiations and mediation through to court representation when needed.

We’ll work with you to understand your unique circumstances and help secure a path forward that prioritises your children and your peace of mind.

With offices in Adelaide, Perth, Darwin, Brisbane and Canberra, we can support you right around Australia.

Call Deanna on 1800 730 842, email her at dgatto@tgb.com.au or contact us online