Family Court Hearing: What to Expect at a Parenting Orders Hearing in Australia

Walking into a family court building for the first time is intimidating, especially when you're a grandparent who never expected to be in this position. Knowing what actually happens at each stage takes some of the anxiety out of it.

The First Court Event

This is a case management hearing held within one to two months of your filing date. It's not a trial — nobody gives evidence or argues the merits. A judicial registrar checks that all documents have been filed and served correctly, that the Notice of Risk has been completed, and that any urgent safety concerns are flagged.

At this stage, the registrar may:

• Order a Child Impact Report — an early assessment by a court child expert
• Refer the parties to a dispute resolution event or conciliation conference
• Set a timetable for the exchange of further evidence
• Make interim orders if temporary arrangements need to be formalised urgently

Come with copies of everything you filed, your identity documents, and any sealed interim orders already in place. If the hearing is via Microsoft Teams (common since the pandemic), ensure you're in a quiet, private room with a neutral background and that no children are present or within earshot.

Child Impact Reports and Family Reports

Child Impact Reports are conducted early in proceedings by a court child expert. They provide a snapshot — the child's current experiences, safety risks, key relationships and immediate developmental needs. These reports inform the registrar's case management decisions.

Family Reports are more comprehensive evaluations ordered under section 62G, usually before a final hearing. A family consultant interviews each party separately, observes the child interacting with each carer, and speaks with the child directly (depending on age and maturity). The report assesses care capacity, emotional security and the practical viability of each proposed arrangement.

For grandparents, the family consultant's interview is a chance to demonstrate the stability and safety you're providing. Be honest, be factual, and don't coach the child on what to say — the court treats any attempt to influence a child's views as a serious credibility issue.

Court-funded assessments are free. If parties engage a private report writer, costs range from $3,000 to $8,000 or more, split between the parties unless the court orders otherwise.

Conciliation and Dispute Resolution

Many cases settle before reaching a final hearing. The court may list the matter for a conciliation conference (fee: $510, shared between the parties) or refer it to a judicial registrar-led dispute resolution event. These are structured negotiation sessions aimed at narrowing the issues or reaching an agreement.

If the parties reach an agreement at any stage, they can file consent orders — avoiding a trial entirely.

The Final Hearing

If the matter doesn't resolve, it proceeds to trial. At a final hearing:

• Both parties give oral evidence and are cross-examined
• Expert witnesses (family consultants, psychologists) present their reports and answer questions
• If an Independent Children's Lawyer has been appointed, they present the child's perspective
• The judge applies the best interests test under section 60CC and makes final binding orders

Trials can run from one day to several days depending on the complexity of the case. The setting down fee for a Division 2 trial is $820, with $820 per additional hearing day.

Practical Tips

• Arrive early and check in with the registry
• Dress respectfully — you don't need a suit, but avoid casual or provocative clothing
• Address the judge as "Your Honour" and the registrar as "Registrar"
• Don't interrupt anyone — wait for your turn to speak
• Bring water and something to read; court days involve a lot of waiting

The Parenting Orders for Grandparents and Relatives guide includes a hearing preparation checklist covering documents to bring, questions to prepare and how to present your evidence clearly.

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