In this guide
Mediation requirements
Before a parenting matter can be filed in the Federal Circuit and Family Court of Australia, both parties are generally required to attempt Family Dispute Resolution (FDR) — a structured mediation process facilitated by an accredited professional. This is a legal precondition, not a suggestion.
If mediation is attempted and fails, or if one party refuses to participate, the mediator issues a Section 60I certificate. This certificate is what gives you the right to file in court. Without it, your application will be rejected unless your matter falls into one of the exemptions.
Exceptions to the mediation requirement include:
- Family violence or child abuse (where participation would put someone at risk)
- Urgency (where waiting for mediation would cause harm or significant disadvantage)
- Where one party is unable to participate due to incapacity
Even if you're not legally required to attend mediation, it is often worth attempting — not because it always succeeds, but because a failed mediation strengthens your position in court and gives you information about the other side's position.
We'll tell you what applies to your situation and how to approach mediation if it's required.
Filing an application
Once you have your Section 60I certificate (or an exemption), you file an Initiating Application with the Federal Circuit and Family Court. The application sets out the orders you are seeking — the specific parenting arrangements you want the court to make.
Along with the application, you file a supporting affidavit: a sworn statement of facts that explains your situation, your relationship with your children, the history of the dispute, and why the orders you are seeking are in your children's best interests. The affidavit is one of the most important documents in the proceedings. A poorly drafted affidavit can seriously damage a good case; a well-drafted one sets the right foundation.
At the same time as filing, you serve the documents on the other party — they have the right to respond and file their own application and affidavit in reply.
The first court date
The first return date — often a Directions hearing or a First Return Date — is not a trial. No evidence is heard, and no final decisions are made. Its purpose is for the court to:
- Understand the nature of the dispute
- Identify any urgent issues requiring immediate attention
- Make interim orders (temporary arrangements that apply while the matter is resolved)
- Set a timetable for the proceedings — when each step must be completed by
- Refer the matter to further dispute resolution or other services if appropriate
Interim orders are significant because they define the arrangements for your children while the matter works its way through the court — a process that can take many months. What happens at the first hearing matters. We prepare every client thoroughly for what to expect and what to say.
We'll prepare you for exactly what to expect and make sure your position is presented properly.
Family reports
In contested parenting matters, the court frequently orders a Family Report — an assessment carried out by a family consultant (a social worker or psychologist) who interviews both parents, the children, and sometimes other significant people in the children's lives. The Family Report gives the court an independent picture of the family's circumstances and typically includes recommendations about parenting arrangements.
Family Reports carry significant weight. Judges do not always follow the recommendations, but they take them seriously, and departing from them requires good reason.
How you present during the Family Report process matters enormously. Some practical guidance:
- Be honest and composed. Family consultants are trained to detect performance and inconsistency.
- Focus on your children's needs, not your grievances about the other parent.
- Demonstrate insight — show that you understand your children's perspective, not just your own.
- Don't speak negatively about the other parent in front of the children during the assessment.
We routinely prepare clients for this process. Knowing what to expect and how to present yourself genuinely — not artificially — makes a real difference.
Independent Children's Lawyers
In some contested matters, the court appoints an Independent Children's Lawyer (ICL) — a separate legal representative whose sole obligation is to the children's interests, not to either parent. The ICL reviews evidence, speaks with the children (if they're old enough), and presents submissions to the court about what arrangements would best serve the children.
An ICL is not the same as a child advocate who simply repeats what the child says. They exercise independent judgment about what is in the child's best interests, which may differ from the child's stated preferences — particularly with younger children or in cases where a child's views appear to have been influenced by a parent.
The cost of an ICL is typically shared between the parties. Their involvement usually signals a complex or serious matter. If an ICL is appointed in your proceedings, we'll work closely alongside them.
Trials and final orders
Most parenting matters do not go to trial. The majority resolve through consent orders — either before filing, during proceedings, or at a conciliation conference held just before trial. Settling by consent gives both parties more control over the outcome than leaving it to a judge.
When a matter does go to trial, it typically proceeds as follows:
- Both parties file and exchange final affidavit evidence
- Expert reports (Family Report, any psychological assessments) are tendered to the court
- Each parent gives oral evidence and is cross-examined by the other party's lawyer
- Other witnesses may be called
- Both lawyers make closing submissions
- The judge reserves their decision — which may take weeks or months to deliver
Trials are expensive and emotionally demanding. We are always looking for opportunities to resolve matters short of a hearing — but when a trial is necessary, we prepare for it rigorously.
Forty years of court experience means we know exactly how to prepare and present a father's case.
Typical timelines and costs
Timelines in family law vary significantly depending on the court's workload, the complexity of the matter, and whether the parties are cooperating.
- Consent orders (agreed outcome): 6 weeks to 4 months from filing
- Undefended interim orders: Can be made at first return date (4–8 weeks after filing)
- Contested interims through to final orders: 12 to 24 months is common in metro areas
- Contested trials: Can extend beyond 2 years in complex matters
Costs depend on complexity. Simple consent orders can cost a few thousand dollars. A fully contested trial can cost tens of thousands. This is not an argument against going to court where it's necessary — it is an argument for getting proper advice early, exploring every opportunity to settle, and making sure your time in court is focused and well-prepared.
We offer fixed fees for many stages of family law proceedings. We'll give you a clear picture of likely costs at the outset, not after the fact.
Court doesn't have to be overwhelming.
With the right preparation and representation, it's a process you can navigate with confidence. We'll walk you through every step. Tell us where you're at.
Book a consultation