-
This topic covers
- Responsibilities of parents
- Parenting after separation
- Family Dispute Resolution
- Parenting plansÂ
- Parenting disputes and court orders
- Abduction and Recovery Orders
- Relocation and travel arrangements
- Contravention and enforcement of orders
-
Special note:
If you wish to apply for parenting orders relating to the summer school holidays and Christmas holiday period, you must apply before the summer holiday deadline. The deadline for this year is 4pm on 8 November 2024. Except in cases of urgency, an application filed after this date will be given the next available date, which may be after Christmas.
| Time limit | Action |
|---|---|
| 28 days | To appeal a decision of the Local Court of NSW and Federal Circuit and Family Court of Australia about a parenting order from the date the decision was made. |
| 12 months | A court may refuse to return a child under the Hague Convention if they have been in the country for this long. |
| 18 years | You can apply for parenting orders until your child becomes an adult. |
Organisations
| Organisation | Responsibilities |
|---|---|
| Federal Circuit and Family Court of Australia | 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. |
| Local Court of NSW | Hears applications for parenting orders, including Recovery Orders and orders relating to relocation or travel. |
| Supreme Court of NSW | Hears applications for Adoption Orders. |
Legislation
| Authority | Covers |
|---|---|
| Adoption Act 2000Â (NSW) | Deals with adoption in the Supreme Court of NSW. |
| Family Law Act 1975Â (Cth) | Deals with parenting matters. |
| Surrogacy Act 2010 (NSW) | Deals with surrogacy in the Supreme Court of NSW. |
| Common term | Definition |
|---|---|
| Child | A person who is under 18. |
| Child support | Financial support of a child a​​fter separation. Services Australia is the Commonwealth Government agency that implements the statutory child support scheme. |
| Consent orders | Parenting orders made by the court when parents have agreed on arrangements for a child. An application for consent orders can be made in the Local Court of NSW or Federal Circuit and Family Court of Australia. |
| Contravention | Where one parent does not comply with a parenting order. Also known as a breach of an order. |
| Family Dispute Resolution (FDR) | 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. |
| Family Law Watch List | 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. |
| Family violence | 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:
|
| ​Family violence order | ​A court order, including an interim order, made in any State or Territory to protect a person from family violence. |
| ​Genuine steps certificate | ​A certificate that genuine steps have been taken to resolve disputes before proceedings. |
| ​Guardian ad Litem (GAL) | ​A GAL is appointed by a Court or Tribunal to conduct legal proceedings on behalf of a person who is:
|
| Hague Convention | The Hague Convention on the Civil Aspects of International Child Abduction. An international treaty that provides a process for the return of children abducted from their home country. |
| ​Independent Children’s Lawyer (ICL) | ​A lawyer appointed by the court to represent a child in a case. |
| Informal relative caregiver's statutory declaration | A document that shows a relative is caring for a child. |
| Initiating Application | The form you complete to apply for parenting orders. |
| ​Integrated Birth Certificate | ​A birth certificate showing a persons birth parents and siblings, as well as their adoptive parents and siblings. |
| Interlocutory order | A temporary order made by the Court until a final order is made. An interlocutory order will often be made in cases of urgency. |
| 'Lives with' order | A parenting order that states who a child lives with. |
| Pre-action procedures | The process everyone must go through before applying for parenting orders unless an exemption applies. It includes:
|
| Parent | A person responsible for the care, welfare and development of a child, including:
In some circumstances a biological parent may not be a legal parent of a child, for example sperm or egg donors. |
| Parenting plan | 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. |
| Parenting order | Legally binding and enforceable court orders that set out the parenting arrangements for a child, including:
|
| Recovery Order | A court order that:
|
| 'Spends time with' Order | A parenting order that states what time a child spends with someone. |
| Surrogacy | An arrangement whereby a woman agrees to give birth to a child for another person, who will become the parent of the child and raise the child. The birth mother of the child is called the surrogate. |
| Organisation | Fee |
|---|---|
| Family Dispute Resolution (FDR) | You may have to pay a fee for FDR. Fees can vary, so it's best to talk to the FDR provider upfront about their fees. |
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. |
Â
| Organisations | Forms |
|---|---|
| Department of Communities and Justice (DCJ) | NSW Statutory Declaration for Informal Relative Caregivers |
| NSW Statutory Declaration for Informal Relative Caregivers Frequently Asked Questions | |
| Family Dispute Resolution (FDR) | There are no forms for you to fill out for FDR. You make an appointment with the FDR Practitioner and they complete any necessary documentation at the assessment interview. |
Local Court of NSW Federal Circuit and Family Court of Australia | Family law forms |
| Organisation | Type | Costs |
|---|---|---|
| Federal Circuit and Family Court of Australia | Legal costs | 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. |
Our resources
More services
Last updated: December 2024