You can ask the Court to list your application urgently by seeking an interlocutory order that the matter be given an urgent listing.

If you are seeking an urgent listing when you are first applying for parenting orders, you should include the urgent application in the interlocutory orders sought in your Initiating Application.

Your Initiating Application will be allocated a hearing date when your application is accepted for filing, and your request for an urgent hearing will be considered by a registrar as a matter of priority.  You will be advised of any change in the date or any additional steps you must take once the urgent application has been considered.

If proceedings for parenting orders have already been started, you need to make your urgent application by filing an Application in a proceeding and that will be considered by a registrar as a matter of priority.

An urgent application must be accompanied by:

• an Affidavit – Family law and child support stating the facts you rely on in support of the urgent application. If you are filing an affidavit with your Initiating application in any event, you can address the urgency of your application in that affidavit; you do not need to file a separate affidavit about urgency)
• a copy of the most recent family violence order (if applicable)
• a Notice of Child Abuse, Family Violence or Risk (if not previously filed in the proceedings), and

• a cover letter as to urgency, outlining:

  • the nature of the application, and
  • the basis upon which an urgent listing is required.

  The cover letter should also refer to specific paragraphs of the affidavit on which you rely in support of the urgent application.

The Court may require you to file the other documents set out at paragraph 2.5 of the Family Law Practice Direction: Parenting Proceedings at a future date.

You can ask the Court to consider an urgent application by seeking appropriately worded orders, and providing evidence in a supporting affidavit outlining why the Court should list the matter for an early hearing date, or make an urgent order. The Court will consider the application based on the evidence provided, and will notify you of any further requirements or a listing date.

I want my application to be heard without notice to the other party

In extremely urgent situations, you can seek an urgent order to be made ex parte. This means the Court would deal with the matter immediately, and without notice to the other party.

Ex parte orders are usually only granted in matters where you can substantiate urgency by seeking appropriately worded urgent orders in the application. You will need to explain the grounds on which you are seeking urgent orders in your supporting affidavit.

When applying for ex parte orders, you must comply with rule 5.11 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

Critical Incident List

The Court has established a Critical Incident List for applications that are filed in circumstances where no parent is available to care for a child or children, as a result of death (including homicide), critical injury or incarceration relating to a family violence incident. This List can be used when orders are sought for parental responsibility so that appropriate arrangements to be made for the child or children, such as engaging with schools or health care providers.

The procedure to apply to the Critical Incident List is set out in Family Law Practice Direction: Critical Incident List.

What if the Court is not open when I need to make an urgent application?

The Court has an out-of-hours service for emergencies: that is, if there is a risk that a child may be taken out of the country before the next working day.

Call the Court on 1300 352 000 and you will be referred to this emergency number.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction: Parenting proceedings (FAM-PARENTING) - sets out the procedural requirements and steps in proceedings about children, including in relation to urgent applications. 
• Family Law Practice Direction: Medical procedure proceedings (FAM-MEDICAL)
• Family Law Practice Direction: Passport proceedings (FAM-PASSPORT)
• Family Law Practice Direction: Surrogacy proceedings (FAM-SURROGACY)
• Family Law Practice Direction: Critical Incident List (FAM-CRITICAL)

If you have been served with an application for parenting orders, this means another relevant person (usually the other parent of your child (or children)) has applied to the Court to start parenting proceedings. They are known as the applicant and you (as the other party) are known as the respondent.

Unless an exemption applies, you should have been approached by the applicant to participate in dispute resolution and pre-action procedures.

You should read the documents as soon as possible. You should also refer to the Family Law Practice Direction – Parenting proceedings, which sets out the procedural requirements and steps in proceedings about parenting matters.

How do I respond?

If you are the respondent in the proceedings (i.e. you did not start the proceedings)

If you have been served with an Initiating application filed by another person (the applicant), you will need to respond. To respond, you must pay the relevant fee and file:

1. a Response to initiating application setting out which of the orders sought by the applicant you agree with (if any), and the orders you are asking the Court to make
2. a Notice of child abuse, family violence or risk
3. a Genuine steps certificate
4. a Parenting questionnaire, unless you file an affidavit, and
5. if the applicant has asked the Court to make interlocutory orders, and/or you are asking the Court to make interlocutory orders, an Affidavit – Family law and child support that sets out the facts in support of your application for interlocutory orders, and addresses the best interests of your children, and otherwise respond to facts asserted by the applicant in their affidavit.

Once filed, you must serve all documents on the applicant.

Filing a response means you are in the same position as the applicant. You are not at a disadvantage just because the other party started the case first.

If you are the applicant in the proceedings (i.e. you started the proceedings)

If you filed an Initiating Application in which you did not ask the Court to make parenting orders, but the other party asked the Court to make parenting orders in their Response, you will need to respond to the application for parenting orders.

You can do this by:

1. either:
   • amending your Initiating application to seek parenting orders, or
   • filing a Reply, and
2. filing a Notice of child abuse, family violence or risk
3. a Genuine steps certificate
4. a Parenting questionnaire, unless you file an affidavit, and
5. if the other party has asked the Court to make interlocutory orders, and/or you are asking the Court to make interlocutory orders, an Affidavit – Family law and child support that sets out the facts in support of your application for interlocutory orders, and addresses the best interests of your children, and otherwise respond to facts asserted by the applicant in their affidavit.

A further filing fee will apply to the amended Initiating application or Reply.

What do I need to pay?

Fees apply when filing a Response to initiating application, Reply or amending an Initiating application. The fees vary, depending on the types of orders you are asking the Court to make. Other fees may also apply during the course of your proceedings.

For the current fees, see Fees.

In some cases, for examples, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee or fee exemption. For more information see the Guidelines for exemption of court fees.

The Court does not set the fees payable. Court fees are set by Federal Government Regulations.

Filing with the Court

Applications, responses and replies should be eFiled online through the Commonwealth Courts Portal. For more information about eFiling and a step-by-step guide see How do I eFile?.

Service

After you have filed your documents, you need to serve them on the other party.

For information on what you need to do to serve your documents, see the Service kit and the step-by-step guide How do I serve family law documents?

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Parenting proceedings (FAM-PARENTING) 
• Family Law Practice Direction – Medical procedure proceedings (FAM-MEDICAL) 
• Family Law Practice Direction – Passport proceedings (FAM-PASSPORT) 
• Family Law Practice Direction – Surrogacy proceedings (FAM-SURROGACY) 

If you and another relevant person (usually the other parent of your child) cannot agree about the arrangements for your child (or children), there are other options to help you resolve your dispute before you come to court. For more information see Separate smarter.

If you still can’t agree after attempting other dispute resolution or mediation, you can apply to the Court for parenting orders.

What is a parenting order?

Parenting orders are orders made by a court about a child (or children), in accordance with Part VII of the Family Law Act 1975. A parenting order may deal with one or more of the following:

• who the child will live with
• how much time the child will spend with each parent, and/or with other people, such as grandparents
• the allocation of responsibility for making decisions about major long-term issues in relation to the child
• how the child will communicate with a parent they do not live with, or other people
• relocation of the child’s residence (where the child lives)
• whether, and in what circumstances, the child may travel, and
• any aspect of the care, welfare or development of the child.

There are three main types of orders:

1. Final orders – bring a matter to a close.
2. Interlocutory orders – usually made in urgent cases and last until other orders or final orders are made. Generally, you cannot file an application for interlocutory orders unless you have filed an application for final orders.
3. Consent orders – orders that you and the other party agree on. You and the other party can apply for consent orders to be made without going to court. You and the other party can also ask the Court to make consent orders at any time if your matter is in the Court system. Consent orders have the same legal effect as if they had been made by a judicial officer after a court hearing.

For more information about parenting orders, see the Attorney-General’s publication, Parenting orders – what you need to know. This is a practical handbook which aims to help separated parents agree on arrangements for their children, and support them to develop workable parenting orders. It has been designed to assist parents to understand the key legal principles that need to be considered when developing parenting orders.

Before you apply – pre-action procedures

There are procedures you must follow before you commence action in the Court. For more information, including a step-by-step guide, see the publication Before you file – pre-action procedures for parenting cases.

Compulsory Family Dispute Resolution

Before you apply to the Court for a parenting order, if it is safe to do so, you usually have to participate in Family dispute resolution (FDR) – unless an exemption applies.

Except in limited circumstances, the Family Law Act 1975 requires you to obtain a certificate from a registered FDR practitioner before you file an application for an order in relation to a child under Part VII of the Family Law Act 1975. Part VII covers applications for several different types of orders relating to children. The most common are applications for parenting orders; that is, an application asking a court to make orders about the parenting arrangements for a child.

Exemption from compulsory Family Dispute Resolution

Under section 60I(9) of the Family Law Act 1975, you can seek an exemption from providing a certificate 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, and/or
  • 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.
• 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 order has behaved in a way that shows a serious disregard for his or her obligations under that order.

To apply for an exemption for any of the reasons above, you must either:

• prepare and file an Affidavit - Non-filing of family dispute resolution certificate, or
• if you are seeking interlocutory orders, you can include information about the exemption in the same Affidavit that you must file with that application.

How to apply

If you have not been able to reach an agreement after dispute resolution and you believe that applying for parenting orders is the only way to resolve the dispute, you can file an application with the Court.

Before starting an application, see the Family Law Practice Direction – Parenting proceedings, which sets out the procedural requirements and steps in proceedings about parenting matters.

New proceedings

If you are starting new court proceedings, you need to decide whether to ask the Court to make only final orders, or final and interlocutory orders.

For information about filing requirements and a step-by-step guide to applying for parenting orders see How do I apply for parenting orders?

To start court proceedings, you must pay the relevant fee and file:

1. an Initiating application setting out the orders you are asking the Court to make
2. a certificate from a Family Dispute Resolution practitioner, unless an exemption applies (see Before you apply)
3. a Notice of child abuse, family violence or risk
4. a Genuine steps certificate
5. a Parenting questionnaire, unless you file an affidavit, and
6. if you are asking the Court to make interlocutory orders, an Affidavit – Family law and child support that sets out the facts in support of your application for interlocutory orders, and addresses the best interests of your child.

If you start proceedings, you are known as the applicant and the other party is known as the respondent.

When there are already proceedings about financial/property matters

If you are already a party to proceedings about financial/property matters and no one has applied for parenting orders, you can add an application for parenting orders to the existing proceedings.

If you are the applicant in the existing proceedings, you can apply for parenting orders by amending your Initiating Application to seek parenting orders. The requirements for amending a document are set out in Part 2.8 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. A further filing fee will apply.

You must file all of the documents which are required to be filed when starting new proceedings for parenting orders (above), except the Initiating application.

If you are the respondent in the existing proceedings, you can seek parenting orders in your Response to initiating application, even if the applicant only applied for financial/property orders.

In addition to the documents that you must file when responding to an application for financial/property orders, you must file all of the documents which are required to be filed when starting new proceedings for parenting orders (above), except the Initiating application.

If you have already filed a Response, you can apply for parenting orders by amending your Response to seek parenting orders. The requirements for amending a document are set out in Part 2.8 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. A further filing fee will apply.

My matter is urgent

See My application is urgent.

What do I need to pay?

Fees apply when filing an Initiating application or Response to initiating application. The fees vary, depending on the types of orders you are asking the Court to make. Other fees may also apply during the course of your proceedings. For the current fees, see Fees.

In some cases, for example, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee or fee exemption. For more information see the Guidelines for fee exemption, reduction and refund.

The Court does not set the fees payable. Court fees are set by Federal Government Regulations.

Filing with the Court

Applications to the Court should be eFiled online through the Commonwealth Courts Portal. For more information about filing requirements and a step-by-step guide to applying for parenting orders see How do I apply for parenting orders?

Service

After you have filed your documents, you need to serve them on the other party.

For information on what you need to do to serve your documents, see the Service kit and the step-by-step guide How do I serve family law documents?.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Parenting proceedings (FAM-PARENTING)
• Family Law Practice Direction – Medical procedure proceedings (FAM-MEDICAL)
• Family Law Practice Direction – Passport proceedings (FAM-PASSPORT)
• Family Law Practice Direction – Surrogacy proceedings (FAM-SURROGACY) 

If you and another relevant person (usually the other parent of your child (or children)) have reached an agreement about arrangements for a child, you do not need to go to court, however you should formally document your agreement, to make sure that you each understand what you have agreed, and to help you to avoid any disputes or misunderstandings in the future.

There are two ways you can document your agreement in accordance with the Family Law Act 1975:

1. consent orders, and
2. a parenting plan.

Consent orders

Parenting orders are orders made by a court about children, in accordance with Part VII of the Family Law Act 1975. Consent orders are orders that you and the other party agree on.

TIP: If you have also agreed on arrangements for a child, you can apply for consent parenting and financial orders together in the same application. See Financial – We have agreed for more information about financial orders.

Consent orders are legally binding

Even though consent orders are made by agreement, and can be made without a hearing, they are still orders of the Court and are legally binding.

When a parenting order is made, each party to the order must follow it. Contravening (breaching) an order can have serious consequences, including imprisonment in extreme cases. For more information see Compliance and enforcement.

Orders can only be changed in limited circumstances

Once final parenting orders are made, including consent orders, there are only limited circumstances in which they can be changed in the future. For more information see Changing parenting arrangements.

How do we apply for consent orders?

You should seek legal advice before entering into consent orders.

You and the other party can apply for consent orders to be made without going to court, by filing:

• an Application for consent orders, and
• a copy of the proposed consent orders.

For information about filing requirements and a step-by-step guide to applying for consent orders see How do I apply for consent orders?

Parenting plan

A parenting plan is a written agreement that sets out parenting arrangements for a child or children. The plan is worked out and agreed jointly. You and the other parent do not need to go to court to enter into a parenting plan. However, you should seek legal advice before entering into a parenting plan.

Unless a court orders otherwise, you and the other parent can agree to change a parenting order by entering into a parenting plan. For more information see Changing parenting arrangements.

A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by a court.

For more information, see Parenting Plans on the Family Relationships Online website.

Children from separated families can develop and flourish just as well as children from families that are still together, especially if they are supported and encouraged to maintain a positive relationship with both parents and other significant people in their lives, like grandparents and other relatives, where it is safe to do so. 

In some cases, parental separation can be a stressful time for a child. How children react to separation and divorce often depends on their age, temperament and the level of cooperation or conflict between their parents. They may experience a range of emotions which are difficult for them to deal with. If you or your child are feeling stressed following separation, see the publication Separation and stress.

Children from separated families can develop and flourish just as well as children from families that are still together, especially if they are supported and encouraged to maintain a positive relationship with both parents and other significant people in their lives, like grandparents and other relatives.

The Marriage, families and separation brochure provides information for people considering, or those affected by, separation or divorce.

What does a child need?

A child needs the continuing care and support of both parents, where possible and safe. They will worry less if both parents can agree about what is going to happen and explain this to them. Both parents should: 

• reassure your child that you still love them
• remember that accepting, and dealing with, the separation will enable you to better assist your child to do the same
• allow your child the right to love both of you – don't make them choose
• tell your child that they are not to blame, and help them to discuss their feelings – they often blame themselves, especially when parents fight about them, or things they have done
• listen sympathetically to your child’s feelings and opinions without judgment
• talk with the other parent about issues relating to your child
• make sure your child doesn’t hear or see you fighting
• keep your child out of your arguments with or about the other parent
• be positive about the other parent when talking to your child
• turn to other adults for emotional support, rather than to your child
• talk with your child's teachers so they understand the situation, and
• keep your focus on your child's wellbeing, rather than on what seems 'fair' for you.

There is more information about how conflict between parents and family violence can affect children in the fact sheets Parental conflict and its effect on children and The impact of family violence on children.

What do you need to consider when making parenting arrangements for your child?

Every family is different, so the arrangements that work for your family may be different from other families. Try to make arrangements that will work the best for your child.

When making arrangements for your child, you will need to consider:

• what arrangements would promote the safety of your child, and each person who has care of the child, including safety from being subjected or exposed to family violence, abuse, neglect or other harm
• any views expressed by your child about parenting arrangements
• the age of the child which is very important in deciding what arrangements will work establishing a regular routine so the child knows the routine and what to expect when, but also being flexible when required 
• giving plenty of notice if you wish to change the routine, for example, for special family occasions 
• how their time will be spent with other significant persons in their lives, such as grandparents and other relatives 
• who will look after them after school and where will they spend holidays 
• any other things such as choice of school, health care, sport, or religious matters, and 
• how to ensure the child continues to enjoy their culture. 

If it is safe to do so, it is generally best if you can reach your own agreement with your former spouse or partner.

Making your own agreement is often best for your child, you and your former partner. It will save you both money, time and stress. For more information about ways you may be able to reach an agreement without the need for court action, see Separate smarter.

There are three main ways you can make arrangements for your child after separation:

1. informal arrangements
2. parenting plans, and
3. parenting orders, including by consent.

What sort of parenting arrangement you make may depend on how you and your former partner come to the agreement.

• If you agree on arrangements, you can make a parenting plan or seek to formalise your agreement by applying for consent orders.
• If you cannot agree on some issues, you can use dispute resolution or mediation to help you resolve any issue in dispute.
• If you cannot reach an agreement, you can apply to the Court for parenting orders.

The law relating to children and their best interests

Part VII of the Family Law Act 1975 gives the Court power to make orders for the care and welfare about children in Australia (except Western Australia). Orders about children are commonly referred to parenting orders, even though they can apply to a person who is not a parent of the child the proceedings relate to.

When determining any dispute about children (including about with whom a child should live and/or spend time, who should make decisions about a child, and matters like where child should go to school or whether a child should have a medical procedure), the Court must regard the best interests of the child as its paramount consideration. The Family Law Act 1975, provides guidance as to how the Court determines a child’s best interests. The Court must consider the following matters in determining what is in the child’s best interests:

• What arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect or other harm) of:
  • the child, and
  • each person who has care of the child.
• Any views expressed by the child. 
• The developmental, psychological, emotional and cultural needs of the child.
• The capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs.
• The benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so.
• Anything else that is relevant to the particular circumstances of the child. 

In considering arrangements which promote the safety of the child or person who has care of the child, the Court must consider any history of family violence, abuse or neglect and any family violence order that applies or has applied to the child or a member of the child’s family. 

For an Aboriginal or Torres Strait Islander child, the Court must also consider the child’s right to enjoy their Aboriginal or Torres Strait Islander culture by having the support, opportunity and encouragement necessary:

• to connect with, and maintain their connection with, members of their family and with their community, culture, country and language;
• to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and
• to develop a positive appreciation of that culture; 

Can the Court make orders about my child?

The Court generally has jurisdiction to make orders for the care and welfare of children in all states and territories except Western Australia (where the Family Court of Western Australia has jurisdiction).

If your child is in care under a child welfare law of a state or territory, the Court cannot make a parenting order about them, except with the consent of the relevant child welfare authority. This applies even if your child comes into care under a child welfare law after you already have proceedings in the Court about your child.

How is the voice of the child considered?

The court process is designed to balance the need to protect children from conflict with the child’s right to have a voice in decisions being made about them. This video is about how a child’s voice is considered in a family law case in the Federal Circuit and Family Court of Australia.

3:56 MIN

An AUSLAN version of this video is also available.

Other considerations in parenting matters

Each family is different and their needs are unique. If any of the following apply to your situation please see the additional information:

• If you are not a child’s parent but you are a person concerned with the care, welfare and development of a child, or you are a grandparent of a child, see Grandparents and others.
• If you want to change your parenting orders or current arrangements, see Changing parenting arrangements.
• If you believe your application for a parenting order is urgent see, My application is urgent.
• If you have a current parenting order that you believe has been breached or not complied with, see Compliance and enforcement.
• If your child normally lives with you and hasn’t been returned to you, or is missing, you can apply for orders to help you to find your child, see Recovery orders.
• If your child has relocated without your agreement, have been taken overseas without your permission, or without the authorisation of a court or has not been returned (as agreed) from overseas, see Relocation, travel and the Hague Convention.
• If you have applied to the Court for a parenting order in some circumstances, the Court may appoint an Independent Children’s Lawyer to represent your child, see Independent Children’s Lawyer.

Safety, risk and family violence

If you are in immediate danger call 000

The Court takes family violence very seriously. See How the Court considers safety and risk for more information.

If you or your child is affected by family violence and safety concerns there are a number of organisations that provide advice and support. See Family Violence: Get help and support.

If you have any concerns about your safety while attending court, you must let the Court know. See Safety at court for more information about safety plans and what the Court can do.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Find a lawyer and Support services.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Parenting proceedings (FAM-PARENTING) 
• Family Law Practice Direction – Medical procedure proceedings (FAM-MEDICAL) 
• Family Law Practice Direction – Passport proceedings (FAM-PASSPORT) 
• Family Law Practice Direction – Surrogacy proceedings (FAM-SURROGACY)