Application for Consent Orders (Parenting) or Proposed Orders (Parenting) in the FCFCA

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 via an:

1️⃣  Application for Consent Orders (Parenting); or

2️⃣  Following a Court hearing or trial.

This document can be used to generate Consent Orders or Proposed Orders (Contested) to suit either purpose.

➲ You are provided (at no additional cost) with the option to generate a Genuine Steps Certificate (refer below) together with this application.

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 Application for Consent Orders (Parenting) with the Federal Circuit & Family Court of Australia.

The Court will review the proposed Application for Consent Orders (Parenting), and proceed to make Consent Orders (Parenting) 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;

➲ Application for Consent Orders;

➲ Hague Abduction Convention Orders

➲ Property Settlement Orders 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 Existing Order has behaved in a way that shows a serious disregard for his or her obligations under that Existing 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.

Genuine Steps Certificate

Before filing (where there is still a dispute), an applicant must make a genuine effort to resolve the dispute through dispute resolution, by:

✅ Giving a copy of the pre-action procedures to the other parties;

✅ Making inquiries about the dispute resolution services available to assist with resolving disputes;

✅ Inviting the other parties to participate in dispute resolution with an agreed person or organisation (where it is safe to do so); and

✅ Providing written notice to the other parties of the intention to commence proceedings in the court.

In parenting proceedings, each party should begin exchanging copies of documents relevant to an issue in dispute with the other party/ies.

An applicant must complete and file a Genuine Steps Certificate with this application, confirming their compliance with the pre-action procedures.

If you have not complied with the relevant pre-action procedures, you must explain which exception you are seeking to rely on in the Genuine Steps Certificate.

Relevant valid exemptions excusing compliance with the prescribed pre-action procedures include the following:

⚖️ In parenting proceedings, a party alleges child abuse or family violence, or a risk of child abuse or family violence;

⚖️ The applicant would be unduly prejudiced if required to comply with the pre-action procedures; or

⚖️ Either party filed a family law application in the Court less than 12 months ago.

These exemptions are found in Rule 4.01(2).

How to efile

This document should be filed electronically on the Commonwealth Courts Portal.

There are step-by-step guides about using the portal and how to eFile available on the FCFCOA website.

If you are unable to file online, you can file by post or in person at one of the FCFCOA registries.

Service

This document must be served on all other parties to the proceedings, including the Independent Children's Lawyer if one has been appointed.

For more information about service see How do I serve family law documents?

Ongoing Duty to make timely, full and frank disclosure

Parties to a Family Law cases have a duty to make timely, full and frank disclosure of all information relevant to the issues in dispute.

There may be serious consequences for failing to disclose, including punishment for contempt of court.

The Court’s ‘Duty of Disclosure’ brochure provides more information.

In summary, parties should promptly exchange copies of documents in their possession or control relevant to an issue in the dispute before as well as after starting a case.

Please refer to the following FAQ for more information:

What documents does a party need to disclose to meet their duty to make timely, full and frank disclosure?

What happens if a party breaches their duty of full and frank disclosure in negotiating Binding Financial Agreements / Family Law Court Proceedings?

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 Federal Circuit & Family Court of Australia 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

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