Parenting Orders Australia: How Grandparents and Relatives Can Apply

If you're raising a grandchild or a relative's child in Australia and need formal legal authority, parenting orders can give you decision-making power over the child's care, residence and major life decisions. Without them, it may be harder to establish your authority with schools, doctors or Services Australia; informal carers may still qualify for some payments if they meet the care and eligibility rules.

What Parenting Orders Actually Do

A parenting order made under Part VII of the Family Law Act 1975 (Cth) can allocate who a child lives with, who they spend time with, and who makes major long-term decisions about their education, health, religion and name. Once sealed by a court, the order is legally binding and enforceable until the child turns 18, marries, enters a de facto relationship or is adopted.

There are three types:

• Interim orders — temporary arrangements while the case is still before the court, made on affidavit evidence alone
• Final orders — binding determinations after a contested hearing or trial
• Consent orders — where all parties agree on arrangements and submit a joint application for the court to seal

For grandparents, the most common pathway is either consent orders (when the parents cooperate) or contested proceedings (when they don't).

Your Right to Apply Under Section 65C

Grandparents have automatic statutory standing under section 65C(ba) of the Family Law Act 1975. You do not need the court's permission to file an application.

Non-grandparent relatives — aunts, uncles, adult siblings, step-parents — apply under section 65C(c) as a person "concerned with the care, welfare, or development of the child." You'll need to show active, genuine involvement in the child's life, but a separate leave application is not required.

Standing gives you the right to start proceedings. It doesn't guarantee an outcome — the court decides based on what's in the child's best interests under section 60CC.

The Application Process Step by Step

Step 1 — Family Dispute Resolution. Before filing, section 60I of the Act requires you to attempt Family Dispute Resolution (FDR) with an accredited practitioner and obtain a section 60I certificate. Family Relationship Centres offer income-based fee concessions (call the Family Relationship Advice Line on 1800 050 321). Exemptions exist for family violence, child abuse, urgency, incapacity or a physical impediment.

Step 2 — Prepare your application pack. For the Federal Circuit and Family Court of Australia (FCFCOA), you need five documents: the Initiating Application, a supporting Affidavit, a Genuine Steps Certificate, a Parenting Questionnaire, and a Notice of Child Abuse, Family Violence or Risk (FCFCOA-NOT19). In Western Australia, proceedings go through the Family Court of WA using state-specific forms (Form 1 for initiating, Form 11 for consent orders).

Step 3 — File electronically. Lodge through the Commonwealth Courts Portal (for FCFCOA matters) or the eCourts Portal of Western Australia. Pay the filing fee or apply for an exemption.

Step 4 — Serve the respondents. An adult who is not a party to the case must deliver the sealed documents to each respondent at least 28 days before the first court event (42 days for overseas respondents). You cannot serve documents yourself.

Step 5 — Attend the first court event. Held within one to two months of filing, the registrar checks procedural compliance, may order a Child Impact Report, and tries to narrow the issues in dispute.

Step 6 — Proceed to hearing or settle. If the matter doesn't resolve at a conciliation conference or dispute resolution event, it moves to a final hearing where a judge hears oral evidence and makes binding orders.

What It Costs

The 2026 filing fee for an Initiating Application seeking final orders only is $455. If you also seek interim orders, the combined fee is $610. Consent orders cost $215 to file.

Holders of a Health Care Card, Pensioner Concession Card or Commonwealth Seniors Health Card can apply for a full fee exemption. If you don't hold an eligible concession card, you must satisfy all three financial-hardship tests: fortnightly income below $1,622 for a single applicant with no dependants, liquid assets below five times the fee, and disposable income below the applicable surplus limit.

After the Orders Are Made

Sealed parenting orders document your care arrangement for Services Australia (Centrelink); eligibility and payment amounts depend on your care and the rules for each payment. Present certified copies to schools for enrolment, doctors for medical consent, and the Australian Passport Office if you need to apply for the child's passport.

The Parenting Orders for Grandparents and Relatives guide walks through every stage of this process, from FDR to filing to presenting your orders to Centrelink, with separate sections for FCFCOA and Western Australia proceedings.

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