Parenting Orders South Australia: How to Apply to the FCFCOA

When You Need a Court Order

Not every separating family needs the court involved. Most parenting arrangements are worked out through direct negotiation or mediation and formalised as either a parenting plan or consent orders — neither of which requires a judge.

Court-made parenting orders become necessary when parents can't agree, when one parent refuses to engage with mediation, or when safety concerns make a negotiated arrangement impossible. In South Australia, parenting applications are heard by the Federal Circuit and Family Court of Australia (FCFCOA), which sits in Adelaide and handles all family law matters under national legislation.

The Two Types of Orders

Final parenting orders resolve the parenting dispute on a long-term basis. They set out who the child lives with, how time is divided, who makes major decisions, and what conditions apply. Final orders remain in force until the child turns 18 unless a court varies them based on a significant change of circumstances.

Interim parenting orders are temporary arrangements made while the case is waiting for a final hearing. They're designed to stabilise the situation — maintaining the child's schooling, housing, and routine — without prejudging the final outcome. Interim hearings are typically shorter (one to two hours) and decided on affidavit evidence rather than a full trial.

The wait for a final hearing in the FCFCOA can be lengthy, which is why interim orders matter. Without them, there's no enforceable arrangement in place during that period.

Filing Requirements

Section 60I certificate. Before filing a parenting application, you must have attempted Family Dispute Resolution and obtained a certificate from the FDR practitioner. Exemptions exist for family violence, child abuse risk, extreme urgency, severe physical or cognitive incapacity, or where the other parent has breached an FCFCOA order within the past 12 months.

Genuine Steps Certificate. All applicants must file this document confirming they've complied with pre-action procedures — exchanging relevant information, making genuine offers to resolve the dispute, and attempting dispute resolution.

Initiating Application (Form 1). This is the main application to the court, setting out what orders you're seeking and why. You'll need to outline the proposed parenting arrangement, the child's current situation, and any safety concerns.

Supporting affidavit. A sworn statement setting out the facts of your case — the child's current living arrangements, the history of the relationship, any attempts at negotiation or mediation, and why the orders you're seeking are in the child's best interests.

Applying Without the Other Parent's Consent

You don't need the other parent to agree before you can apply for parenting orders. The court process exists precisely for situations where agreement isn't possible.

When you file an Initiating Application, you must arrange for the sealed documents to be served on the other parent by an independent adult over 18. The server completes and files an Affidavit of Service (Form 7), and the other parent then has an opportunity to file a response. If they don't respond, the court can proceed in their absence — though it will want to be satisfied that they were properly served and had a reasonable opportunity to participate.

"Without consent" applications are assessed under the same six Section 60CC best interests factors as any other parenting matter. The court doesn't penalise you for filing without agreement — but, unless an exemption applies, it does expect you to show that you've genuinely attempted to resolve the matter before turning to litigation.

What the Court Considers

Since the May 2024 reforms, the FCFCOA assesses all parenting matters against six streamlined factors:

• Safety of the child and caregivers from harm, violence, abuse, and coercive control
• The child's views, weighted by maturity and understanding
• Developmental and cultural needs
• Each parent's capacity to meet the child's needs
• The benefit of maintaining relationships with both parents and significant others, where safe
• Any other relevant circumstances

Safety is given priority. The court must account for identified safety risks when determining the arrangement.

Interim Orders: When You Need Protection Now

If the parenting situation is urgent — one parent is threatening to relocate, the child is at immediate risk, or there's been a sudden breakdown in existing arrangements — you can apply for interim orders without waiting for the full hearing process.

Urgent applications can be filed "without notice" (formerly called "ex parte"), meaning the other parent isn't informed before the hearing. You'll need to demonstrate genuine urgency — not just inconvenience or disagreement, but an immediate risk to the child's safety or wellbeing.

Interim orders made without notice are temporary by nature. The court can list the matter for a return hearing, giving the other parent an opportunity to respond.

The Hearing Process

First return date. After filing, the court lists the matter for a first return date — a short procedural hearing where a registrar assesses the case, makes directions about evidence and timetabling, and may refer the parents to a family consultant.

Family report. In many contested cases, the court orders a family report — an assessment by a qualified family consultant who interviews both parents and the children, observes the family dynamics, and provides a recommendation to the court. The family report carries significant weight in the judge's decision.

Compliance and readiness hearing. Before the final hearing, the court checks that both parties have complied with all directions — filing evidence, exchanging documents, and completing any court-ordered programs.

Final hearing. Both parties present their evidence and cross-examine witnesses. The judge weighs the evidence against the Section 60CC factors and makes final parenting orders.

Costs

Court proceedings are significantly more expensive than mediated outcomes:

• Filing fee for an Initiating Application: $455 for final orders only, or $610 if seeking both interim and final orders (eligible concession cardholders and applicants demonstrating financial hardship can apply for a reduction to $0)
• Legal representation: $320–$600+ per hour for a family lawyer in Adelaide; a contested parenting matter through to final hearing can cost $20,000–$80,000 or more per party
• Family report: court-ordered reports are prepared at public expense, but privately commissioned reports cost $5,000–$10,000

If you're representing yourself, the South Australia Child Custody & Parenting Plan Guide provides a structured framework for organising your evidence and building a parenting proposal that addresses each of the Section 60CC factors — the same factors the court will use to make its decision.

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