Applying To Family Law Court: A Step-By-Step Guide

Applying to family law court can be a complicated process, and it is recommended that you seek legal advice from a solicitor. The procedure and requirements may vary depending on your location, but there are some general steps that are typically involved. Here is an overview of how to apply to family law court:

1. Complete the necessary forms: The specific forms required may vary depending on your jurisdiction, but you will typically need to fill out standard court forms, such as Form C100 in the UK or the Initiating Application in Australia. It is important to carefully fill out these forms, providing all the relevant information about yourself, the other party, and the details of your case.

2. Address any mandatory prerequisites: In some jurisdictions, such as the UK, you are legally required to attend a Mediation Information and Assessment Meeting (MIAM) with an authorised family mediator before submitting your application to court. This step aims to help resolve family disputes outside of court, which can be less stressful and provide more control over the outcome.

3. Pay the relevant court fees: Court applications typically incur fees, and you will need to pay the required fees when submitting your application. However, in certain circumstances, you may be eligible for a reduced fee or a fee exemption.

4. Submit your application to the appropriate court: Identify the correct family court to submit your application to, which is usually the court closest to you. Take or send all the necessary forms, along with the required number of copies, to the family court. The court office will issue your application and provide you with a court reference number.

5. Attend court hearings: After submitting your application, the court will schedule hearings to review your case. Be prepared to present your evidence, provide testimony, and answer any questions from the other party or their lawyer. The court may also request additional information, reports, or statements before making a decision.

6. Receive the court's decision: The court will consider all the information presented and make a decision based on the best interests of the child or relevant legal considerations. This decision is usually final, but in certain circumstances, you may be able to appeal the court's ruling.

Remember that the specific steps and requirements may vary depending on your location and the specifics of your case. It is always advisable to seek legal advice to ensure you are following the correct procedures and protecting your rights throughout the process.

Mediation Information and Assessment Meeting (MIAM)

Mediation Information and Assessment Meetings (MIAMs) are a legal requirement in most cases before taking your case to court. The aim of a MIAM is to see if mediation can be used to resolve your difficulties, rather than going to court. The meeting is confidential and will usually be between you and the mediator, but in some cases, the other person involved may also attend. The meeting will last around 45 minutes to an hour and will cost in the region of £95-£120 per person, depending on the mediation service you use. If you are eligible for Legal Aid, the MIAM will be free.

During the meeting, you will have the opportunity to tell the mediator about your situation and the issues that need to be agreed upon. The mediator will then explain the mediation process and other options for reaching agreements, such as arbitration and the collaborative process. They will also discuss the likely costs of mediation and whether you are eligible for free mediation and Legal Aid.

At the end of the meeting, the mediator will tell you whether your case is suitable for mediation. If it is, you can decide whether to proceed with mediation or explore other options. If mediation is not suitable, the mediator will supply you with a signed form confirming your attendance at a MIAM, which is required before you can issue court proceedings.

Benefits of Mediation

• It is cheaper, quicker, and less stressful than going to court.
• It provides a safe and confidential environment to discuss future arrangements for you and your family.
• It helps provide long-term solutions that are in the best interests of you and your family.
• It is flexible and can accommodate your family's unique needs, allowing you to keep more control over your future.

Court forms

The forms you need to complete will depend on the type of application you are making.

For parenting orders, you will need to complete the following forms:

• Initiating Application
• Notice of Child Abuse, Family Violence and Risk
• Parenting Questionnaire
• Section 601 Certificate
• Any Family Violence Orders
• Genuine Steps Certificate

For financial orders, you will need to complete the following forms:

• Initiating Application
• Financial Statement
• Notice of Child Abuse, Family Violence and Risk
• Parenting Questionnaire
• Section 601 Certificate
• Genuine Steps Certificate
• Superannuation Information Kit

For consent orders, you will need to complete the following forms:

• Application for Consent Orders
• Application for Consent Order Forms
• Consent Order Forms

You may also need to complete a supplemental form C1A if you or your child have suffered, or are at risk of suffering, any harm from domestic violence, child abduction, or other harmful conduct or behaviour.

In addition, you will need to pay the relevant court fee or complete form EX160 if you are applying for a fee exemption.

Where to Find the Forms

You can find and download the relevant forms from the Federal Circuit and Family Court of Australia (FCFCOA) website or your local family court.

Filing the Forms

Once you have completed the forms, you will need to file them with the FCFCOA. You can do this online or in person at the courthouse. You will also need to pay a filing fee, which may be reduced if you have a government-issued concession card.

After filing, you will need to serve the documents on all other parties to the dispute. This can be done by hand delivery, post, or electronic communication.

Getting Help

If you need help completing the forms, you can use the Guided Pathways to Family Court Forms, a free online tool developed by Community Legal Education Ontario (CLEO) and the Ministry of the Attorney General. You can also seek legal advice from a solicitor or legal aid office.

Court fees

Filing Fees

Filing fees are payable by both applicants and respondents in family court proceedings. The fees are set by the Federal Government and outlined in the Family Law (Fees) Regulations 2022. As of 1 July 2024, some of the filing fees in the Federal Circuit and Family Court of Australia include:

• Application for Divorce: $425
• Application for Consent Orders: $425
• Initiating Application (Parenting or Financial, Final and Interim): $695
• Response to Initiating Application (Final): $770

It is important to note that these fees may change over time, so it is advisable to check the current fee schedule before submitting any applications.

Hearing Fees

In addition to filing fees, there may also be hearing fees associated with family court proceedings. For example, as of 1 July 2024, the daily hearing fee for each hearing day, excluding the first hearing day, is $770. There may also be additional fees for specific court events, such as setting down for a hearing or a conciliation conference.

Legal Representation Costs

The cost of legal representation can vary depending on the complexity of the case and the experience of the lawyer. Individuals may be able to access legal representation through Legal Aid or seek assistance from community legal centres or private law firms. It is important to discuss fees and payment options openly with your lawyer to avoid unexpected costs.

Fee Exemptions and Reductions

In certain circumstances, individuals may be eligible for an exemption or reduction of court fees. For example, if you have been granted Legal Aid, have a concession card, or are experiencing financial hardship, you may be able to apply for a fee waiver or discount. The specific criteria for fee exemptions and reductions are outlined in the Family Law (Fees) Regulations 2022.

Court proceedings

If you wish to start a new application, you should complete Form C100, which is available from your local family court or can be downloaded online. You may also need to complete Form C1A if you or your child have suffered or are at risk of suffering any harm from domestic violence, child abduction, or other harmful conduct or behaviour. You will also need to pay the relevant court fee or complete Form EX160 if you are applying for a fee exemption.

Take all the required forms and sufficient copies for yourself, the court, Cafcass, the other party, and anyone else with parental responsibility to your nearest family court. The court office will issue your application and give you a court reference number, as well as a date for the first hearing. If you have issued your application using Form C100, the court will send the application forms and hearing date to the other party.

The first hearing is called a "First Hearing Dispute Resolution Appointment" (FHDRA). During this hearing, the parties may be able to reach an agreement, in which case the court may make a consent order setting out the agreement. If the parties cannot agree, the judge may make a decision and put it in an order. Alternatively, if the judge needs more information, they may list a further hearing and ask for various things to happen in the meantime, such as requesting reports or disclosure from the police or social services.

In some circumstances, you can ask the court to hear your application without the other parent knowing about it, which is called a "without notice" application. This may be granted if informing the other parent would enable them to take steps that defeat the purpose of your application or put you or your child at risk of harm. During a without notice hearing, the judge may make the requested order or postpone the decision until they have heard from the other party.

If you are responding to an initiating application in parenting matters, you will need to file the following court documents setting out your position:

• Response to Initiating Application
• Notice of Child Abuse, Family Violence, and Risk
• Financial Statement (if applicable)
• Genuine Steps Certificate
• Parenting Questionnaire

There is a filing fee associated with responding to an initiating application. As of 1 July 2023, the filing fee is $410, but this is usually reviewed by the court at the end of each financial year. The documents will need to be served on the other party in the proceedings.

If you are initiating or responding to court proceedings in financial/property matters, you will need to file the following documents:

• Initiating Application
• Financial Statement (for the applicant)
• Financial Questionnaire (if an affidavit is not filed initially)
• Genuine Steps Certificate
• Superannuation Information Kit (if applicable)

There is also a filing fee associated with initiating applications in financial matters, which is usually reviewed by the court at the end of each financial year.

Court orders

There are several types of court orders:

• Child arrangements order — This type of order decides the living and contact arrangements for a child, including whom the child lives with, spends time with, and has contact with, as well as where the child lives. For example, if a child lives with their ex-partner and the parent wants to see them on weekends, or if there is a dispute about which parent the child should live with, a child arrangements order can be applied for.
• Specific issue order — These orders give instructions about a specific issue or action normally done by a parent. For instance, if there is a disagreement between parents about which school to send their child to.
• Prohibited steps order — This type of order means a person must obtain the court's permission before carrying out an action that would typically be done by a parent. For example, if a parent needs the court's permission to take their child to a foreign country.
• Parental responsibility order — Parental responsibility includes all the rights, duties, powers, and authority that a parent has in relation to their child and their property. For instance, if a father wants to be recognised legally as the child's father but was not married to the child's mother and is not named on the birth certificate, they may apply for a parental responsibility order.
• Appointment of a guardian — A guardian appointed by the court will generally take over parental responsibility for the child after the death of a parent. For example, if a child's parents have passed away, their aunt or uncle might apply to become their guardian.
• Special guardianship order — A special guardian can make most decisions about the child until they turn 18 years old. Unlike adoption, the child will maintain their ties to their birth family.

To apply for a court order, individuals must typically complete and submit specific court forms, pay relevant fees, and follow other procedural requirements. The exact process may vary depending on the type of order being sought and the jurisdiction. It is recommended to seek legal advice when navigating family court applications and proceedings.

Frequently asked questions