How the family court process works in Australia
The family court process in Australia is primarily managed by the Federal Circuit and Family Court of Australia (FCFCOA). Parenting and property cases follow practice directions that emphasise early resolution, safety, proportionality and proper disclosure. Parenting matters generally require Family Dispute Resolution (FDR) before filing, unless an exemption applies. If you reach agreement, consent orders can be lodged online and usually decided on the documents without a hearing.
If an application is required, the court will triage risk issues early, consider any urgent interim orders, and then manage the case through disclosure, conferences and, if needed, expert reports before a final hearing. Parallel state or territory processes (e.g. protection orders) may also affect timing and risk management.
Important: This page provides general information only. Family law outcomes depend on your facts, the evidence, applicable legislation and court directions.
Compare your options
Resolve without going to court
- Family Dispute Resolution (FDR) or private mediation
- Parenting plan (flexible, not enforceable)
- Property/financial agreement (seek advice on formality)
- Child Support assessment or limited/binding agreements
Best for families who can cooperate and want lower cost and faster resolution.
Get court orders by consent
- Draft and eFile consent orders
- Parenting or property orders finalised on the papers
- Lower cost than contested hearings
- Creates enforceable arrangements
Useful when you agree in principle and want certainty. Many firms offer fixed-fee consent orders.
Contested court pathway
- Initiating Application, affidavit and required notices
- Interim hearing for urgent or short-term issues
- Disclosure, valuations, family reports if needed
- Conciliation conference and, if unresolved, final hearing
Appropriate where safety, urgency or entrenched disagreement prevents settlement.
Choosing a help option
- Legal Aid or community legal centre (eligibility applies)
- Accredited family law specialist (private)
- Fixed-fee services for defined tasks
- Unbundled help for documents or strategy
We can outline free and low-cost options and, if you ask, connect you with family lawyers near you.
Typical timeframes and costs
Time and cost vary with urgency, complexity and cooperation. These ballparks help you evaluate the likely path.
| Step | Typical timeframe | Indicative cost |
|---|---|---|
| FDR / mediation | 2–8 weeks to book and complete | Community FDR low/no fee; private mediators often $1,500–$4,000+ shared |
| Consent orders (on papers) | Preparation 1–3 weeks; court processing a few weeks | Often fixed-fee; typically lower than contested litigation |
| Interim orders (contested) | Urgent lists can be days–weeks; routine 4–12 weeks | Varies by complexity; legal aid may assist eligible clients |
| Final hearing (contested) | Commonly 6–18 months from filing | Significant; depends on hearing length, experts and disclosure |
You can control cost by narrowing issues, preparing key documents early and considering unbundled or fixed-fee help for specific stages.
Documents and information that often matter
Preparing the right records early strengthens your position and makes advice more targeted.
- Section 60I certificate (parenting) or details of any exemption
- Draft consent orders or a parenting plan (if negotiating)
- Initiating Application, affidavit and Genuine Steps statement
- Notice of Child Abuse, Family Violence or Risk (parenting)
- Financial Statement and disclosure (bank/loan statements, tax returns, super, valuations)
- Evidence relevant to children’s best interests (school, medical, care history)
- Any family violence orders, police or risk material
Mediation & Family Dispute Resolution (FDR)
For parenting cases, attempting FDR is generally required before filing in court. A registered FDR practitioner may issue a section 60I certificate showing you attended, attempted but did not reach agreement, or that FDR was not appropriate.
When FDR is required
- Most parenting disputes before filing
- Not required for property-only matters (but negotiation still expected)
When FDR can be skipped
- Urgency (e.g. risk or abduction concerns)
- Family violence, child abuse or safety issues
- Incapacity, impracticality or other exemptions
Agreements from FDR can be recorded in a parenting plan or converted into consent orders for enforceability.
Steps in a contested family court case
| Stage | What usually happens |
|---|---|
| Pre-action | Genuine steps, disclosure and FDR (parenting) unless exempt. |
| File & serve | Initiating Application, affidavit, required notices, and in property cases a Financial Statement. Serve the other party. |
| First court event | Case triage, risk and safety directions, timetabling. Urgent issues considered. |
| Interim hearing | Short hearing for temporary arrangements (e.g. time with children, interim financial support). |
| Disclosure & experts | Exchange documents, obtain valuations; parenting may involve a Child Impact or Family Report. |
| Conference | Conciliation or dispute resolution event with a focus on settlement. |
| Trial preparation | Witness lists, outlines, tender bundles and compliance checks. |
| Final hearing | Evidence and submissions. Judge delivers orders and, if reserved, reasons later. |
Family Court Process FAQ
What is the family court process in Australia?
Most matters start with pre-action steps and FDR for parenting. If agreement is reached, consent orders can finalise the case. If not, the court manages the case through interim issues, disclosure, conferences and, if needed, a final hearing.
Do I have to try mediation (FDR) first?
For parenting matters, generally yes unless an exemption applies. Property-only cases require reasonable negotiation and disclosure but not a 60I certificate.
How long does it take?
Consent orders can be made within weeks. Contested matters can take several months to more than a year, depending on urgency and complexity.
What will it cost?
Consent orders are often fixed-fee. Contested cases vary widely based on evidence, experts and hearing time. Legal Aid or community legal centres may assist eligible clients.
Which documents are needed to file?
Typically: Initiating Application, affidavit, section 60I certificate or exemption (parenting), Notice of Child Abuse, Family Violence or Risk, and Financial Statement for property matters.
Need help with the family court process?
Use the form to compare your options, understand likely timeframes and costs, and, if you want, get connected with family lawyers near you.