Filing interim parenting orders in the FCFCOA
Interim parenting orders set the arrangements for children until final orders are made. The court applies the best interests test under s 60CA of the Family Law Act and generally seeks to preserve the status quo unless there is a real risk of harm.
This is an 8-step workflow for filing interim parenting orders in the FCFCOA. It assumes there is a live parenting dispute that needs urgent holding orders while final orders are being determined.
Before you start
- Section 60I certificate or a genuine exemption ground (urgency, family violence, or risk of harm)
- Up-to-date instructions on the children, the other party, and the proposed living arrangements
- Any relevant family violence orders, police reports, or DCJ notifications
- Notice of Risk (Part VII) information from the client
The workflow
Assess urgency and pre-action requirements
Confirm whether a s 60I certificate is required or whether an exemption applies. Document the urgency grounds if seeking to bypass FDR.
Draft the Initiating Application
Prepare the Initiating Application with the interim parenting orders sought. Orders should be specific on time, changeover, communication, and school holidays.
Prepare the supporting affidavit
Draft a focused affidavit addressing parenting history, current arrangements, any risk factors, and the proposed interim regime. Attach relevant exhibits.
File the Notice of Child Abuse, Family Violence or Risk
Complete the Notice of Risk (formerly Form 4) if any Part VII risk factors are present. This is mandatory where the client alleges abuse, violence, or risk.
File via the Commonwealth Courts Portal
File the application, affidavit, and Notice of Risk electronically. Pay the filing fee or apply for exemption. Serve the other party within the required time.
Serve the documents correctly
Arrange personal service by an independent server and file an affidavit of service. Confirm the other party has received the material before the first return date.
Prepare for the interim hearing
Prepare case outline, proposed orders, chronology, and duty lawyer submissions. Interim hearings are usually decided on the papers with limited oral evidence.
Appear at the interim hearing
Attend the first return date or interim hearing. Present submissions focused on the child's best interests, the status quo, and any identified risk factors.
What you will have at the end
Interim parenting orders made by a Judicial Registrar or Judge that set the arrangements for the children until final orders are made or the matter is otherwise resolved.
Common issues
- Filing without a s 60I certificate where no exemption actually applies
- Overly long or argumentative affidavits that breach the 10-page interim affidavit limit in some registries
- Failing to file the Notice of Risk when Part VII risks are present
- Seeking substantive change to the status quo without strong evidence of harm
- Insufficient detail on changeover logistics leading to further disputes
Run this workflow on a real matter
Quillio drafts FCFCOA-compliant interim parenting applications and affidavits from your file notes, flags Part VII risk factors, and surfaces relevant authority on the best interests test. See /practice-areas/family-lawyers.
This workflow is a general guide. Adapt it for the urgency level of your matter and the specific children's issues, particularly where family violence or abuse allegations are involved.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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