There are occasions when a child involved in family law proceedings cannot be located, which may result in a party, usually a parent or guardian, from being unable to have (court-ordered) contact with the child because their whereabouts is unknown.

A party involved in the proceedings can make an application to the Federal Circuit and Family Court of Australia (the FCFCOA) to seek a recovery order.

Applications may also be made to the FCFCOA seeking a publication order. In general terms, publication orders allow photographs and certain details of a party and case to be published, with the aim of locating the missing child. Without a publication order, section 114Q of the Family Law Act 1975 prevents the publication of details of a case that would lead to the identification of a party or witness involved in the family law proceedings.

View current missing children.

Publication orders

The publishing of names and other identifying information of people and witnesses involved in family law proceedings is subject to restrictions that are set out in Part XIVB of the Family Law Act 1975. It is an offence to publish details of proceedings or images that may identify the people involved in cases under the Family Law Act.

In limited circumstances, a publication order or another Part XIVB exemption may be made by the FCFCOA, that lift some of those restrictions, to allow media outlets to publicise certain details of a case.

Publication orders are issued by a judicial officer, and are generally only made if an application has been made to the FCFCOA seeking such orders. An application seeking a publication order is generally done by a parent or guardian who is seeking public assistance to help locate their child.

Publication orders vary from case to case, but usually set out:

• what the media can report regarding a missing child and the person they are presumed to be with
• photographs and interviews that are permitted to be published
• Court approval requirements prior to publication, and
• what can be reported when the child is found.

What can the media report about missing children?

The media can only report information and publish photos as set out in the publication order and/or in any official court media release, and in addition, orders often require FCFCOA approval of the report prior to publication. Refer to more information on reporting on family law matters or for general information about what can be reported, contact the Court’s Director - Media and Public Affairs.

Please note that court staff, including the Director - Media and Public Affairs, cannot provide legal advice. They can only provide guidance in relation to publication orders.

When it is safe, court proceedings should be a last resort. The Federal Circuit and Family Court of Australia (the Court) expects people to make genuine attempts to engage in dispute resolution, to avoid the time, cost and stress associated with litigation.

Of course, for some people, court proceedings may be the only way forward but for many, dispute resolution such as mediation and family dispute resolution (FDR) and choosing not to enter the Court system can be the smartest way.

If it is safe and you think, with some help, you could reach an agreement see, Dispute resolution for information about the different options available to you.

If you cannot reach an agreement, or it is not safe for you to engage in dispute resolution with your former partner, you may consider applying to the Court for orders. Sometimes this may be the only way to deal with a dispute.

Making an application to the Court

There are procedures you must follow before you commence action in the Court. For more information, see the publications:

• Before you file – pre-action procedures for parenting cases, and/or
• Before you file – pre-action procedures for financial cases.

There are also different requirements when applying for parenting and financial orders, although you can cover both issues in the same application to the Court. For more information about making an application to the Court, including procedural requirements, which forms you need to file, and what fees you need to pay, see Children: We cannot agree and/or Finances and property: We cannot agree.

There are also step-by-step How do I...? guides on this website that take you through how to prepare and file your court documents.

Your safety

The Court places children, litigants and their safety at the heart of the process. For some families, it may be unsafe to resolve their disputes without the help of the Court process and court orders. Remember, there are people who can help you.

When you make an application to the Court for a parenting order, you must file a Notice of child abuse, family violence and risk. In this form, you notify the Court of any safety risks or allegations of child abuse, family violence or risk. You must file an affidavit that details any of risks or allegations you identify in the form. You must also tell the Court if you have a Family violence order.

This information allows the Court to manage your case in the safest and most appropriate way.

For more information, see How the Court considers safety and risk.

Family violence support

If you are experiencing family and domestic violence, you can get help and support. See Family violence - Get help and support or visit the Family Violence Law Help website, which provides information about domestic and family violence and the law in Australia.

Family Violence Law Help

https://familyviolencelaw.gov.au/

If you are in immediate danger call 000

Where it is safe to do so, you can take ownership of your dispute. Whether you agree, partially agree or don’t agree at all. You can mediate at any stage, as many times as you need. It is time we started thinking differently about family law disputes.

It is usually best for everyone involved if you come to your own agreement after separation.

If you have been able to agree on some things, that is great news. It shows that both you and your former partner should find dispute resolution a helpful way to settle any final issues.

If it is safe to do so, keep talking.

What are the last issues to resolve?

Often you can agree on most of the decisions that need to be made, as well as issues that evolve after separation. But sometimes, there is an issue or a few final points that you just can’t agree on. This is where family dispute resolution (FDR) can help.

You can prepare for FDR by trying to narrow the list of issues in dispute. If you can identify which ones are minor and which are major issues, this will really help you get the most out of dispute resolution. For many separated families, minor issues fall into place if the bigger decisions can be worked out with some assistance.

How do you arrange FDR?

There is information on this website about the different types of dispute resolution that is available. There are also other support services available outside the Court.

FDR is offered through Family Relationship Centres, which are funded by the federal government.  The fees are modest and vary depending on your circumstances. Family Relationship Centres offer FDR and family counselling services, as well as a number of other services that might assist in either supporting you or helping you to resolve disputes.

If you already have proceedings underway in the Court, you may be referred to court-based FDR.

While you may have already tried other dispute resolution options, it doesn’t mean it isn’t worth trying again. The opportunity to try again to resolve matters by agreement, with the assistance of a registrar of the Court, can be particularly helpful once the issues that might have previously made negotiating difficult have been addressed. You can, and should, mediate at any stage, as many times as you need.

What do you do when you cannot agree?

If you really can’t agree, after making genuine attempts to resolve your issues in dispute, you can make an application to the Court. But remember, if you can agree on some things, you should inform the Court about that when you seek orders for the matters you are not able to agree on.

Before you can file an application to start parenting and/or financial proceedings there are pre-action requirements you must follow. See We cannot agree for more information.

Where it is safe to do so, you can take ownership of your dispute. Whether you agree, partially agree or don’t agree at all. You can mediate at any stage, as many times as you need. It is time we started thinking differently about family law disputes.

It is usually best for everyone involved if you come to your own agreement after separation.

If you and your former partner have agreed about the arrangements for your children (considering their best interests) and/or your property and financial arrangements, you can formalise your agreement without the need to attend court.

It is always a good idea to document or formalise your agreement. It helps to reduce any issues in the future and makes it clear what needs to happen and when, so that both you and your former partner are clear about and can comply with the agreement.

What are your options?

When you agree, you have a few different options to document or formalise your agreement.

Consent orders

Consent orders are written agreements in which you and the other party agree on and ask the Court to formalise as court orders. You can apply to the Court for consent orders to be made without actually going to or appearing in court.

You can make consent orders for both parenting and/or financial arrangements at the same time in the one application. You should seek legal advice before entering into consent orders. They must meet the Family Law Act criteria for being in the best interests of the children and just and equitable in relation to financial matters. The Court cannot make orders that don’t meet that criteria, even if all parties agree. 

There is more information about parenting and/or financial arrangements and a step-by-step guide to applying for consent orders on this website.

Parenting plans

A parenting plan is a written record of an agreement between parents about the care of the children that is signed and dated. However, it is not a legally enforceable agreement.

For more information about parenting plans see the Family Relationships online website.

A parenting plan only covers arrangement for your children. If you need to make arrangements for finances and property, you should read more about financial agreements and consent orders.

Financial agreements

A financial agreement is a contract between two or more parties made under Part VIIIA (for marriages) or Division 4 of Part VIIIAB (for de facto relationships) of the Family Law Act 1975.

You and your former partner cannot enter into a financial agreement without each of you first getting independent legal advice from an Australian lawyer.

For more information, see Financial agreements.