What the Law Says

• Objects and principles – The Family Law Act states that children have the right to know and be cared for by both parents, and to be protected from harm (Family Law Act 1975 s 60B).
• Paramount consideration to the best interests of the child – Every decision must place the bestinterests of the child above all else (s 60CA).
• Compulsory dispute resolution – Except in urgent or risk cases, parties must attempt family dispute resolution and obtain a section 60I certificate before filing (s 60I).
• Who may apply – A parent, grandparent or any other person concerned with the child’s care, welfare or development can start proceedings (s 65C).
• Court’s power – The Court may make any parenting order it thinks proper (s 65D).

Do I Really Need to Go to Court?

Most families resolve matters through mediation or a negotiated parenting plan. Court proceedings become necessary when:

• there is family violence or risk of abuse;
• communication has broken down completely;
• a parent withholds the child;
• urgent travel, schooling or medical decisions are disputed; or
• previous orders need urgent change and the other party will not agree.

Step-by-Step Guide to Court Proceedings

1. Seek legal advice early – Quality advice can prevent mis-steps and unnecessary expense.
2. Family dispute resolution (FDR) – Attend FDR and obtain the s 60I certificate. Exemptions apply for urgency, risk or impracticability.
3. Filing the application – Your lawyer prepares an Initiating Application, a detailedaffidavit, a Genuine Steps certificate and a Notice of Child Abuse,Family Violence or Risk (if relevant).
4. First Court date – Usually within weeks. The Judge or Senior Judicial Registrar considers interim issues (e.g., where the child will live in the meantime) and sets a timetable.
5. Family reports & expert evidence – The Court may appoint a Family Consultant (s 62G) to interview family members and prepare an independent report.
6. Dispute resolution within the Court – Many matters settle at conciliation conferences or private mediation ordered by the Court.
7. Final hearing – If settlement fails you proceed to trial. Witnesses give evidence and are cross-examined; the Judge then delivers written reasons and makes final  parenting orders.
8. Enforcement – A party who breaches an order without reasonable excuse faces serious consequences, including make-up time, bonds, fines or in extreme cases imprisonment (Div 13A, Pt VII).

How the Court Decides – Key Factors

Section 60CC lists the factors the Court must consider, including

• Primary:
  
  • the benefit of a meaningful relationship with each parent; and
  • the need to protect the child from physical or psychological harm
• Additional:
  
  • views expressed by the child (through a report or independent Children's Lawyer);
  • the child's relationship with each parent and other relatives;
  • effect of change on the child;
  • practical difficulty and expense of time arrangements;
  • each parent's capacity to meet their child's needs;
  • family violence history, protection orders and safety proposals.

The Court must also consider any family violence order and can make ordersinconsistent with that order only with express reasons (s 68P–68Q).

Special Issues

• Urgent & Recovery Applications – Where a child has been taken or is at immediate risk, the Court can list a matter within 24–72 hours and make recovery or airport watch-list orders (ss 67Q–67X).
• Relocation – Moving a child’s residence (especially interstate or overseas) requires either the other party’s consent or a specific order.
• Grandparents & significant others – Grandparents often seek orders for time with a child; the Act expressly allows this (s 65C(c)).
• Aboriginal & Torres Strait Islander children – The Court must consider the child’s right to enjoy their culture (s 60CC(3)(h)).

Practical Tips for Parents

• Keep communication child-focused and avoid inflammatory language in emails or texts (these will form part of the evidence).
• Attend a parenting course – even if not ordered, it demonstrates insight and co-operation.
• Maintain routine contact – video calls can be valuable interim measures.
• Pay child support on time; it shows willingness to meet financial responsibilities.
• Document concerns factually – times, dates, events – and share them with your solicitor.

Why Choose Stanley & Co Lawyers?

Children’s matters sit at the very heart of family law disputes. Our Adelaide-based family law team combines technical expertise with compassionate guidance, ensuring your voice—and your child’s—are heard. We:

• explain your options in clear, everyday language;
• draft persuasive,well-structured court material;
• advocate firmly for safe, child-centred outcomes; and
• explore settlement wherever possible to save you time, stress and cost.

First impressions with the Court matter. Professional representation often makes the crucial difference between confusion and clarity, delay and progress, or even risk and safety.