How to Apply for Child Custody in Queensland

The Process Starts Before Court

If you want to formalise your parenting arrangements in Queensland, the path to court-ordered custody (called "parenting orders" under Australian law) starts well before you file anything with a court. The Family Law Act 1975 requires most parents to attempt Family Dispute Resolution before they can lodge a court application — and skipping this step without a valid exemption means your application will be rejected at the registry.

Understanding the full sequence helps you avoid wasted time and filing fees, and gives you the best chance of reaching an agreement without the cost of a contested hearing.

Step 1: Attempt Family Dispute Resolution

Before filing an Initiating Application for parenting orders, you must make a genuine effort to resolve the dispute through Family Dispute Resolution (FDR) with an accredited practitioner, unless an exception applies. The practitioner will conduct separate intake sessions with each parent to assess safety and suitability, then facilitate joint or shuttle mediation.

Where to find FDR in Queensland:

• Family Relationship Centres in Brisbane, Gold Coast, Ipswich, Toowoomba, Sunshine Coast, Rockhampton, Townsville, and Cairns. The first three hours are free; subsequent sessions are means-tested and capped at around A$60 per hour.
• Relationships Australia Queensland, Centacare, and UnitingCare offer subsidised FDR services with similar fee structures.
• Private mediators can schedule sessions within one to two weeks but charge A$1,500 to A$5,000 for a half-day or full-day session, typically split between both parents.

If mediation succeeds, you can document the agreement as a parenting plan or Consent Orders. If it fails, the practitioner issues a Section 60I Certificate — the document you need to proceed to court.

Step 2: Decide Between Consent Orders and Contested Proceedings

If you and the other parent reached a partial or full agreement through mediation (or through negotiation with lawyers), you can formalise it as Consent Orders without a hearing. This is faster, cheaper, and less adversarial than contested proceedings.

Consent Orders pathway:

• Complete the Application for Consent Orders (the DIY Kit or Form 11) through the Commonwealth Courts Portal
• Upload the Proposed Consent Orders template as an unlocked Word document
• Both parents complete the Notice of Child Abuse, Family Violence or Risk
• Pay the filing fee: A$215 (concession holders may qualify for an exemption)
• A Registrar reviews the documents in chambers — no court attendance required
• Timeline: approximately four to eight weeks for approval

Contested proceedings pathway (when you cannot agree):

• File an Initiating Application (Form 1) with a supporting affidavit
• Attach your Section 60I Certificate (or an exemption affidavit)
• Complete the Notice of Child Abuse, Family Violence or Risk
• Pay the filing fee: A$455 for parenting-only final orders, A$610 if you also seek interim orders, up to A$895 for combined parenting and financial matters
• The first court date is typically listed within six to twelve weeks
• A contested parenting case can take twelve to eighteen months to reach final hearing

Step 3: Prepare Your Evidence

Whether you are filing Consent Orders or an Initiating Application, the strength of your filing depends on the quality of your documentation.

For Consent Orders, the Registrar must be satisfied that the proposed arrangements are in the child's best interests. Your application should clearly address the six best-interests factors under Section 60CC — particularly safety, the child's developmental needs, and each parent's capacity to provide care.

For contested proceedings, your affidavit is the primary vehicle for presenting your case. It should include specific, factual statements about the child's current routine, each parent's involvement in daily care, any safety concerns, and the proposed parenting schedule. Avoid emotional language and unsupported accusations — judges evaluate evidence, not grievances.

When You Can Skip Mediation

You can bypass the FDR requirement and file directly with the court if you can establish a statutory exemption:

• Urgency: There is an immediate risk of harm or the other parent is about to remove the child from Australia
• Family violence or child abuse: There are reasonable grounds to believe the child or a caregiver is at risk
• Incapacity: One parent cannot effectively participate in mediation due to severe mental illness or cognitive impairment
• Serious contravention: The other parent has seriously breached an existing parenting order within the past twelve months

To claim an exemption, you file an Affidavit — Non-Filing of Family Dispute Resolution Certificate with specific factual evidence supporting your grounds.

Where to File in Queensland

All applications are filed electronically through the Commonwealth Courts Portal. The physical registries in Queensland are in Brisbane (119 North Quay), Cairns (94-104 Grafton Street), and Townsville (143 Walker Street). Regional parents in Bundaberg, Mackay, Rockhampton, and Toowoomba file online but may attend localized hearings through circuit sittings.

The Difference Between "Full Custody" and the Law

It is worth understanding that Australian family law does not recognise the concept of "full custody" as a formal legal category. What most parents mean when they say they want full custody is sole parental responsibility (decision-making authority) combined with the child living with them for a majority of the time. This is a possible outcome, but the court will only order it if the evidence supports it under the best-interests framework — and particularly where there are safety concerns or a demonstrated inability of the other parent to contribute to major decisions.

The Queensland Child Custody and Parenting Plan Guide walks through the complete filing process for both Consent Orders and Initiating Applications, including sample affidavit structures and a step-by-step walkthrough of the Commonwealth Courts Portal.

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