Filing an Initiating Application for Parenting Orders in NSW

When mediation hasn't worked and you can't agree on a parenting arrangement, the next step is filing an Initiating Application for parenting orders with the Federal Circuit and Family Court of Australia (FCFCOA). This is the formal court process — it asks a judicial officer to make binding decisions about who your child lives with, spends time with, and who makes major long-term decisions.

In NSW, you file through the FCFCOA's primary locations in Sydney, Parramatta, and Newcastle, with circuit locations including Wollongong, Dubbo, Albury, and other regional centres. The process is the same regardless of which location you use.

Documents You Need to File

An Initiating Application for parenting orders requires the following documents submitted together, with the Section 60I certificate or exemption material required by Section 60I:

1. Initiating Application (Parenting) — the main form that identifies both parties, the children, and the orders you're seeking. You must specify exactly what arrangements you want the court to make.

2. Genuine Steps Certificate — confirmation that you have complied with the applicable pre-action steps.

3. Notice of Child Abuse, Family Violence or Risk — mandatory for all parenting applications, even if you have no concerns to disclose. If there are risk issues, you must detail them here.

4. Parenting Questionnaire — information the court uses about the children and the parenting issues in dispute.

5. Affidavit — Family law and child support — a sworn statement setting out the facts supporting your application. This is where you explain your family circumstances, the current care arrangements, why you're seeking court orders, and any relevant history including family violence, the child's needs, and each parent's involvement.

6. Section 60I Certificate — proof that you made a genuine effort through Family Dispute Resolution before filing. If you're claiming an exemption (including urgency, family violence or child abuse, incapacity or remoteness, or a serious contravention within the preceding 12 months), you'll file an Affidavit - Non-Filing of Family Dispute Resolution Certificate or state the grounds in the initiating affidavit instead.

Filing Through the Commonwealth Courts Portal

All applications are filed electronically through the Commonwealth Courts Portal at comcourts.gov.au:

1. Create an account (or log in if you already have one from filing a divorce application or consent orders)
2. Start a new Initiating Application — Parenting
3. Upload your completed documents in the formats required by the current FCFCOA filing guidance
4. Pay the filing fee — $455 for final orders only or $610 when final and interim orders are sought. Eligible concession-card and Legal Aid applicants may qualify for fee exemptions.
5. Serve the filed application on the other parent at least 28 days before the hearing if service occurs within Australia

What Happens After Filing

The court process for parenting matters follows a structured pathway:

First court date — scheduled by the court after filing. This is typically a procedural hearing where the registrar checks both parties have filed the required documents and sets a timetable.

Family report — the court may order a family consultant to prepare a report. The consultant interviews both parents and the children (if old enough), and provides an independent assessment of the child's needs and each parent's capacity. This report carries significant weight in the final decision.

Compliance and readiness hearing — ensures both parties have followed court directions (filing financial statements, attending any ordered programs).

Final hearing — if the matter doesn't settle at any earlier stage, both parties present their evidence and the judicial officer makes final parenting orders.

The entire process from filing to final hearing can take 12 to 18 months, sometimes longer in complex cases. Many matters settle at some point during the process — often after the family report is completed, when both parents see what an independent professional recommends.

The Difference Between an Initiating Application and Consent Orders

If both parents agree on the arrangements, you don't need an Initiating Application. You file consent orders instead ($215, reviewed on the papers, no court attendance). The Initiating Application is for contested matters — where one or both parents can't agree and need the court to decide.

Self-Representation Tips

About 40% of family law litigants in Australia are self-represented. If you're filing without a solicitor:

• Write your affidavit in your own words, sticking to facts rather than opinions or accusations
• Be specific about what orders you want — "I want the child to live with me during the school week" is better than "I want custody"
• Keep a chronological record of parenting arrangements, communication breakdowns, and any incidents
• Use the FCFCOA's self-help resources and duty lawyer services at the registry on hearing days

For a detailed walkthrough of the entire process — from preparing your affidavit to understanding the family report and navigating hearings — the NSW Custody & Parenting Plan Guide covers each step with practical guidance for self-represented parents.

See more New South Wales guides →