Self-Represented in NSW Family Court: Filing, eFiling & Commonwealth Courts Portal Guide
Roughly half of all parties in the Federal Circuit and Family Court of Australia (FCFCOA) are self-represented. You are not unusual, and the court has procedures specifically designed to accommodate litigants without legal representation. But the process is technical, and the filing requirements catch many people off-guard.
This guide covers the practical mechanics of filing parenting applications as a self-represented litigant in NSW — from registering on the Commonwealth Courts Portal to presenting evidence at a hearing.
Getting Started on the Commonwealth Courts Portal
Most parenting applications and consent orders in Australia are eFiled through the Commonwealth Courts Portal at commcourts.gov.au. If you cannot eFile, filing by email or at a registry may be available.
To register:
- Go to
commcourts.gov.auand use "Register now" to create an individual username and password - Log in to the Commonwealth Courts Portal and select "Family Law"
- Start a new file or open the relevant file
- Choose the relevant filing and registry details shown by the Portal
Common registration pitfalls:
- If you cannot register or access your file, use the Portal's registration or support enquiry process.
- Save your text separately because unsaved entries may be lost if the Portal session ends. Draft your content in a Word document first, then paste into the Portal fields.
- Most uploaded documents must be PDF format and under 30MB each. Consent orders also require the specified Word version of the proposed orders. Name files clearly (e.g., "Affidavit-Jane-Smith-2026.pdf").
Which Forms You Need
For a parenting application (when you cannot agree on arrangements), you need:
| Form | Purpose | Key Details |
|---|---|---|
| Initiating Application | Starts the proceedings | Select "Parenting" as the order type. Specify exactly what orders you are seeking. |
| Genuine Steps Certificate | Records pre-action steps | File it with the application unless an applicable exemption is explained. |
| Notice of Risk | Mandatory disclosure | Discloses any family violence, child abuse, or child protection involvement. Must be filed even if there are no risks to disclose. |
| Parenting Questionnaire | Provides information about the parenting case | Complete and file it where required by the current Court forms and guidance. |
| Affidavit — Family law and child support | Your sworn evidence | Sets out the facts — your care history, the children's needs, and any safety concerns. Swear or affirm it before an authorised witness, such as a JP or solicitor. |
| Section 60I Certificate | Records FDR compliance | Attach the certificate, or explain the applicable exemption. |
For consent orders (when both parents agree), you need Form 11 (Application for Consent Orders), the Notice of Risk, the Annexure to Proposed Consent Parenting Orders where required, a signed proposed-orders PDF, and an identical unsigned unlocked Word (.docx) version.
The proposed orders must be supplied in both formats:
- A signed PDF
- An identical unsigned unlocked Word document (.docx)
- No tracked changes, comments, macros, password protection, or encryption
- The exact wording you want the court to adopt as its orders, in numbered paragraphs with precise, unambiguous language
Filing Fees
The current FCFCOA filing fee is $455 for final orders only or $610 when final and interim orders are sought, effective 1 July 2026. Consent orders cost $215. Eligible concession-card and Legal Aid applicants, and people who meet financial-hardship criteria, may apply for a fee exemption.
Filing fees are paid online during the eFiling process. The Court's current online process uses a Visa or Mastercard credit/debit card.
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What Happens After You File
Once your application is accepted by the registry:
- Service: You must serve the other parent with a sealed copy of your filed documents. The court does not do this for you. When served within Australia, filed documents must be served at least 28 days before the hearing. Service can be by post, email (if consented to), or personal delivery by a process server.
- First Return Date: The court lists your matter for a first hearing. Timing depends on the registry and urgency. This is procedural — the judge sets a timetable, not a final outcome.
- Compliance Steps: The court may order a family report, drug testing, subpoenas, or attendance at a family law pathway appointment.
- Interim Hearing: If urgent arrangements are needed before the final hearing, you can apply for interim orders.
- Final Hearing: Where both parents present evidence and the judge makes binding orders.
Tips for Self-Represented Litigants
- Address the judge as "Your Honour." Stand when speaking and when the judge enters or leaves.
- Prepare a chronology. A one-page timeline of key events (separation date, mediation dates, incidents) helps the judge follow your case.
- Stick to facts, not feelings. Courts assess evidence, not emotional arguments. "He picked the children up 45 minutes late on six occasions between March and June" is far more useful than "He's always unreliable."
- Bring the required copies. If you cannot eFile, file the original and at least two photocopies; otherwise follow the Court's directions for hearing materials.
- Use a court duty lawyer where available. Sydney and Parramatta may have duty lawyer services on hearing days; availability varies. They cannot replace ongoing representation.
Getting the Process Right
The NSW Custody & Parenting Plan Guide includes a step-by-step filing walkthrough, model consent-order clauses, and a complete guide to preparing your affidavit and evidence — designed specifically for parents handling their case without a solicitor.
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