Emergency Custody Orders in the ACT: How to Apply for Urgent Parenting Orders

When a child is at immediate risk — abuse, family violence, abduction, or one parent unilaterally removing the child from Canberra — the standard family law timeline of mediation, negotiation, and consent orders is too slow. The FCFCOA provides an expedited pathway for urgent parenting applications.

When You Can Apply for Urgent Orders

The court grants urgent (interim) parenting orders when there is an immediate risk to a child's safety or welfare. Common scenarios include:

• Family violence or child abuse. Active physical, emotional, or sexual abuse, or credible threats of harm.
• Child abduction or retention. One parent has taken the child or is refusing to return them, or there is a genuine risk of removal from Australia.
• Unilateral relocation. One parent is about to move the child out of the ACT without consent or a court order.
• Immediate safety concerns. The child is living in conditions that pose a direct risk — substance abuse in the home, exposure to dangerous individuals, or neglect of basic needs.

Bypassing the FDR Requirement

Normally, you cannot file a parenting application without a Section 60I certificate proving you attempted Family Dispute Resolution. The urgent pathway provides a statutory exemption under Section 60I(9) of the Family Law Act 1975.

You qualify for the exemption when:

• The matter involves urgency that makes FDR impractical
• There are reasonable grounds to believe the child has been abused or is at risk of abuse
• There is a risk of family violence
• A party is physically or mentally unable to participate in FDR
• The application concerns a serious contravention of existing orders within the past 12 months

To use this exemption, you must file an Affidavit — Non-Filing of Family Dispute Resolution Certificate explaining the circumstances that make FDR inappropriate or impossible.

How to File at the Canberra Registry

Step 1 — Prepare your documents. You need:

• An Initiating Application seeking interim and final parenting orders
• A supporting affidavit setting out the facts that establish urgency
• A Notice of Child Abuse, Family Violence or Risk
• The Affidavit — Non-Filing of FDR Certificate (if you do not have a Section 60I certificate)

Step 2 — File electronically or in person. Standard applications are eFiled via the Commonwealth Courts Portal. In genuinely urgent situations — where the risk is immediate and cannot wait for electronic processing — you can attend the Canberra Registry in person at the Nigel Bowen Commonwealth Law Courts (corner of Childers Street and University Avenue, ground floor).

Step 3 — Request an urgent listing. Contact the registry to request that your application be listed urgently. You will need to explain why the matter cannot wait for the normal court timetable.

Step 4 — Attend the hearing. Unlike consent orders, urgent applications require a court appearance. If you do not have a lawyer, attend the Duty Lawyer Service on the ground floor (next to Courtroom 4, Monday to Friday, 10:00 AM to 3:00 PM) before your hearing. They can provide free legal advice and same-day representation for eligible parties.

What the Court Can Order

Interim parenting orders can include:

• Immediate residence orders — specifying where the child will live while the matter is resolved
• Supervised contact — allowing the other parent contact only under professional supervision
• Recovery orders — directing police to locate and return a child who has been removed
• Injunctions — prohibiting a parent from relocating, removing the child from school, or contacting the child outside specified conditions
• Airport Watchlist placement — preventing the child from leaving Australia

These interim orders remain in effect until the court makes final orders or further interim orders are made.

Supporting Services

Family Advocacy and Support Service (FASS) provides free legal and social support for families affected by family violence, including safety planning and crisis referrals. Available Monday to Friday, 10:00 AM to 3:00 PM, ground floor of the Nigel Bowen building.

Legal Aid ACT can provide urgent legal assistance for eligible applicants — contact their helpline before attending the registry if possible.

For the complete urgent filing sequence and document templates, see the ACT Child Custody & Parenting Plan Guide.

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