Accurate
Country-specific legal content
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
Family LawAustralia
Initiating Application — Parenting Orders (Australia)
When parents cannot agree on the arrangements for their children, either may apply to the Federal Circuit and Family Court of Australia for parenting orders. Australian parenting law changed fundamentally on 6 May 2024 — the best-interests test was rebuilt around six factors with safety first, and the presumption of equal shared parental responsibility was repealed. Our template produces the grounds and submissions for your Initiating Application on the current law: the orders you seek framed as who the children live with and spend time with, the section 60CC submission, family violence and safety, and the practical arrangements that make orders workable.
Free to useInstant PDFNo account required
PDF (free) + editable Word (.docx) with Expert
Initiating Application — Parenting Orders (Grounds and Submissions)
In Support Of An Application For Parenting Orders Under Part VII Of The Family Law Act 1975 (Cth) · 9 June 2026
Olivia M. Tran
7 Jacaranda Crescent, Mitchelton QLD 4053
0407 215 668
olivia.tran@email.com.au
9 June 2026
Federal Circuit and Family Court of Australia
The Registrar
Federal Circuit and Family Court of Australia
(filed via the Commonwealth Courts Portal)
Federal Circuit and Family Court of Australia
(filed via the Commonwealth Courts Portal)
PARENTING ORDERS — GROUNDS AND SUBMISSIONS
Applicant: Olivia M. Tran · Respondent: Daniel J. Foster
To the Federal Circuit and Family Court of Australia,
I, Olivia M. Tran, apply for parenting orders under Part VII of the Family Law Act 1975 (Cth) in respect of the children named below, with Daniel J. Foster (the children's father) as Respondent. These grounds and submissions accompany my Initiating Application. In every parenting matter the child's best interests are the paramount consideration (s 60CA), and the Court determines best interests by reference to the considerations in section 60CC, as amended by the Family Law Amendment Act 2023 (Cth) (in force 6 May 2024). I ask the Court to make the orders set out below.
I, Olivia M. Tran, apply for parenting orders under Part VII of the Family Law Act 1975 (Cth) in respect of the children named below, with Daniel J. Foster (the children's father) as Respondent. These grounds and submissions accompany my Initiating Application. In every parenting matter the child's best interests are the paramount consideration (s 60CA), and the Court determines best interests by reference to the considerations in section 60CC, as amended by the Family Law Amendment Act 2023 (Cth) (in force 6 May 2024). I ask the Court to make the orders set out below.
1.
THE CHILDREN AND CURRENT ARRANGEMENTS
1. Mia Foster (born 8 April 2017) — currently lives with the Applicant
2. Leo Foster (born 22 November 2019) — currently lives with the Applicant
Current arrangements: Since separation in August 2025 the children have lived with me at Mitchelton and spent time with their father each Saturday. There are no current court orders, and a short-lived informal arrangement has broken down over communication.
2. Leo Foster (born 22 November 2019) — currently lives with the Applicant
Current arrangements: Since separation in August 2025 the children have lived with me at Mitchelton and spent time with their father each Saturday. There are no current court orders, and a short-lived informal arrangement has broken down over communication.
2.
ORDERS SOUGHT
I seek the following parenting orders:
Lives with: That the children live with the Applicant.
Spends time with: That the children spend time with the Respondent each alternate weekend from after school Friday to before school Monday, half of each school holiday period, and on Father's Day and the Respondent's birthday.
Parental responsibility: I seek an order that the parties have joint decision-making for major long-term issues (such as the children's education, health and where they live), to be exercised after genuine consultation where it is safe to do so.
These orders are framed in the language the Family Law Act 1975 (Cth) now uses — who a child lives with, who they spend time with, and how parental responsibility is allocated.
Lives with: That the children live with the Applicant.
Spends time with: That the children spend time with the Respondent each alternate weekend from after school Friday to before school Monday, half of each school holiday period, and on Father's Day and the Respondent's birthday.
Parental responsibility: I seek an order that the parties have joint decision-making for major long-term issues (such as the children's education, health and where they live), to be exercised after genuine consultation where it is safe to do so.
These orders are framed in the language the Family Law Act 1975 (Cth) now uses — who a child lives with, who they spend time with, and how parental responsibility is allocated.
3.
FAMILY DISPUTE RESOLUTION (S 60I)
A section 60I certificate issued by a registered family dispute resolution practitioner is filed with the application, confirming that family dispute resolution has been attempted or was not appropriate.
4.
WHY THESE ORDERS ARE IN THE CHILDREN'S BEST INTERESTS
The children have lived with me as their primary carer throughout their lives and are settled at school and in their community in Mitchelton. They have a warm relationship with their father, and the orders I seek give them stability while preserving meaningful time with him.
5.
BEST INTERESTS — THE SECTION 60CC CONSIDERATIONS
Since 6 May 2024 the Court determines a child's best interests by reference to the six considerations in section 60CC(2), with no hierarchy of primary and additional factors. I make the following submissions on each, the first — safety — being the consideration to which the Act gives particular weight (s 60CC(2)(a) and s 60CC(2A)):
(a) Safety: There are no safety concerns that would limit the children spending time with their father. Both households are stable and free of family violence, and the proposed arrangement keeps the children safe while maintaining their routine.
(b) The children's views: Mia (9) has said she enjoys her weekends with her father and wants to keep seeing him, and would like more notice of changes. Leo (6) is too young to express a considered view. Their wishes are given weight appropriate to their ages.
(c) and (d) Needs and capacity: Both children are healthy and doing well at school. They benefit from the routine of living primarily in one home. Both parents love the children and are capable carers; the Applicant has been the primary carer and manages the children's schooling, health and daily needs.
(e) Benefit of relationships: The children benefit greatly from an ongoing relationship with both parents and with their maternal and paternal grandparents. The orders sought protect those relationships while giving the children a settled primary home.
(f) Anything else relevant: The Court may take into account any other circumstance relevant to these particular children.
(a) Safety: There are no safety concerns that would limit the children spending time with their father. Both households are stable and free of family violence, and the proposed arrangement keeps the children safe while maintaining their routine.
(b) The children's views: Mia (9) has said she enjoys her weekends with her father and wants to keep seeing him, and would like more notice of changes. Leo (6) is too young to express a considered view. Their wishes are given weight appropriate to their ages.
(c) and (d) Needs and capacity: Both children are healthy and doing well at school. They benefit from the routine of living primarily in one home. Both parents love the children and are capable carers; the Applicant has been the primary carer and manages the children's schooling, health and daily needs.
(e) Benefit of relationships: The children benefit greatly from an ongoing relationship with both parents and with their maternal and paternal grandparents. The orders sought protect those relationships while giving the children a settled primary home.
(f) Anything else relevant: The Court may take into account any other circumstance relevant to these particular children.
6.
PARENTAL RESPONSIBILITY AND TIME
The presumption of equal shared parental responsibility has been repealed (former s 61DA), and with it the requirement to consider equal time or substantial and significant time. There is no starting point of equal time; the question is simply what arrangement best serves these children's interests under s 60CC. Parental responsibility continues to exist, and where it is safe the parents are encouraged to consult on major long-term issues (s 61CA / s 61D).
Why the proposed allocation of parental responsibility: Joint decision-making for major long-term issues is appropriate because both parents are safe, capable and able to consult. The Applicant proposes a short protocol for consultation by email to reduce conflict at changeover.
Why the proposed living and time arrangement: Equal time is not sought and is not assumed. The children are young and settled with the Applicant; alternate weekends, half the holidays and special days give them substantial and meaningful time with their father without disrupting their schooling and routine.
Major long-term decisions: Decisions about which school the children attend, non-urgent major medical treatment, and any change to their living city would be made jointly after genuine consultation.
Why the proposed allocation of parental responsibility: Joint decision-making for major long-term issues is appropriate because both parents are safe, capable and able to consult. The Applicant proposes a short protocol for consultation by email to reduce conflict at changeover.
Why the proposed living and time arrangement: Equal time is not sought and is not assumed. The children are young and settled with the Applicant; alternate weekends, half the holidays and special days give them substantial and meaningful time with their father without disrupting their schooling and routine.
Major long-term decisions: Decisions about which school the children attend, non-urgent major medical treatment, and any change to their living city would be made jointly after genuine consultation.
7.
FAMILY VIOLENCE AND SAFETY
Safety measures sought: Changeover to take place at the children's school on school days, and otherwise at a public location, to keep handovers calm and predictable.
8.
PRACTICAL ARRANGEMENTS
Changeover: Changeover at the start of the weekend to occur at the children's school at the end of the school day; the return changeover at the school at the start of the school day on Monday.
School holidays and special days: School holidays to be shared equally; Christmas Day alternated each year; the children to spend Father's Day and the Respondent's birthday with their father and Mother's Day and the Applicant's birthday with the Applicant.
Communication between visits: The children may speak with the parent they are not with by telephone or video call at a reasonable time each Wednesday evening.
Travel and relocation: Neither parent to relocate the children's residence outside the greater Brisbane area without the written agreement of the other parent or an order of the Court; interstate or overseas travel on written notice with a copy of the itinerary.
Where the Court considers it necessary, an Independent Children's Lawyer may be appointed; an ICL must meet with the children and give them an opportunity to express their views, unless an exception applies (ss 68L, 68LA).
School holidays and special days: School holidays to be shared equally; Christmas Day alternated each year; the children to spend Father's Day and the Respondent's birthday with their father and Mother's Day and the Applicant's birthday with the Applicant.
Communication between visits: The children may speak with the parent they are not with by telephone or video call at a reasonable time each Wednesday evening.
Travel and relocation: Neither parent to relocate the children's residence outside the greater Brisbane area without the written agreement of the other parent or an order of the Court; interstate or overseas travel on written notice with a copy of the itinerary.
Where the Court considers it necessary, an Independent Children's Lawyer may be appointed; an ICL must meet with the children and give them an opportunity to express their views, unless an exception applies (ss 68L, 68LA).
9.
NEXT STEPS
I ask the Court to make the parenting orders sought, on an interim basis if necessary and final orders in due course. The Initiating Application is filed through the Commonwealth Courts Portal. This is an application brought by me; it is not a consent-orders application (which both parties sign in agreement) and not a parenting plan (an informal written agreement that is not filed with the Court). I am willing to take part in dispute resolution where it is safe and appropriate to do so.
YOURS FAITHFULLY,
Olivia M. Tran
Applicant
Date: ____________________
APPLICANT
Olivia M. Tran
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is an Initiating Application for Parenting Orders?
An Initiating Application asks the <strong>Federal Circuit and Family Court of Australia (FCFCOA)</strong> to make <strong>parenting orders</strong> under <strong>Part VII of the Family Law Act 1975 (Cth)</strong> — binding orders about who a child lives with, who they spend time and communicate with, and how parental responsibility for major long-term decisions is allocated. It is the contested pathway: unlike a consent orders application (which both parents sign) or a parenting plan (a written agreement that is not filed), an Initiating Application puts the dispute before the Court for decision.
Since <strong>6 May 2024</strong>, when the Family Law Amendment Act 2023 (Cth) commenced, the Court decides every parenting case on a rebuilt test. The child's best interests remain the paramount consideration (s 60CA), but section 60CC now lists <strong>six factors with no hierarchy</strong>: safety of the child and their carers; the child's views; the child's developmental, psychological, emotional and cultural needs; each parent's capacity to meet those needs; the benefit of relationships with parents and significant others where safe; and anything else relevant. For Aboriginal and Torres Strait Islander children there is a standalone factor about the right to enjoy culture (s 60CC(3)).
Just as important is what the reforms removed: the <strong>presumption of equal shared parental responsibility</strong> was repealed, and with it the requirement to consider equal time or substantial and significant time. There is no starting point of equal time in Australian law — the question in every case is simply what arrangement serves these particular children. Before filing, most applicants must attempt family dispute resolution and file a <strong>section 60I certificate</strong>, unless an exemption applies for urgency or family violence. This template builds the supporting submission around all of it.
What's Covered in This Template
The submission follows how the Federal Circuit and Family Court approaches a parenting case after the 2024 reforms — children, orders sought, the six-factor best-interests test, safety and practicality.
The Children, Row by Row
Each child with their date of birth and current arrangements — the factual baseline for every order sought.
Orders in Modern Language
Who the children live with, who they spend time with, and how parental responsibility is allocated — the terms the Family Law Act actually uses.
Six-Factor s 60CC Submission
The Expert grounds argue each best-interests consideration as reformed in May 2024 — safety first, then views, needs, capacity and the benefit of relationships.
Reform-Current Parental Responsibility
Built on the repeal of the equal shared parental responsibility presumption — no outdated equal-time starting point, joint or sole decision-making argued on the children's interests.
Section 60I Certificate or Exemption
Records your family dispute resolution certificate, or claims the urgency or family-violence exemption with the right statutory basis.
Family Violence & Unacceptable Risk
Sets out family violence under the broad s 4AB definition, references any family violence order, and frames protective orders around the High Court's unacceptable-risk test.
Aboriginal & Torres Strait Islander Culture
The standalone s 60CC(3) factor — the child's right to enjoy their culture and stay connected to kin, community and Country.
Practical Arrangements
Changeover, school holidays, special days, phone and video contact, and a relocation and travel rule — the detail that stops orders breeding new disputes.
Independent Children's Lawyer Aware
Notes when an ICL may be appointed and the requirement that the ICL meet the children and hear their views (ss 68L, 68LA).
Formal Australian Court Format
Letterhead, the FCFCOA as recipient, numbered grounds and a single applicant signature block — ready to file with your Initiating Application.
How to Create Your Parenting Submission
Five steps from the current arrangements to a filed application.
- 1
List the Children and the Status Quo
Add each child with their date of birth, who they currently live with, and how the current arrangements came about.
- 2
Frame the Orders You Seek
Say who the children should live with, the time they should spend with the other parent, and whether decision-making should be joint or sole — in the Act's own language.
- 3
Deal With Section 60I
Attach your family dispute resolution certificate, or claim the exemption that applies — urgency, or family violence and child abuse risk.
- 4
Argue the Six Factors (Expert)
Safety, the children's views, their needs, each parent's capacity, and the benefit of relationships where safe — your facts organised under the reformed s 60CC test.
- 5
Add Safety and Practicalities (Expert)
Family violence and protective measures if they apply, then changeover, holidays, communication and relocation — and file through the Commonwealth Courts Portal.
Why Doxuno documents are different
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Always current
Always current with the law
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free PDF
Print-ready PDF
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Word · .docx
Editable Word (.docx)
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
Requires Expert one-time unlock or any paid Doxuno subscription.
Legal Considerations
Parenting applications are decided entirely on the child's best interests — under a test that was rewritten in 2024.
This template provides general information for parents and carers in Australia and is not legal advice. Parenting proceedings are fact-intensive, and where family violence, abuse or relocation is in issue, advice from an Australian family lawyer, Legal Aid or a community legal centre is strongly recommended. In an emergency involving a child's safety, contact police; for urgent recovery or injunction orders, the Federal Circuit and Family Court of Australia has duty lists.
Reviewed for Australian family law (2024 reforms)
The Reformed Best-Interests Test (s 60CC)
From 6 May 2024 the Court determines best interests through six considerations with no hierarchy (s 60CC(2) of the <strong>Family Law Act 1975 (Cth)</strong>): arrangements that promote the safety of the child and their carers; the child's views; the child's developmental, psychological, emotional and cultural needs; each proposed carer's capacity; the benefit of relationships with parents and significant people where safe; and anything else relevant. In weighing safety the Court must consider any history of family violence, abuse or neglect and any family violence order (s 60CC(2A)). The old two-tier list of primary and additional considerations is gone — submissions built on it argue the wrong law.
No More Equal-Time Presumption
The Family Law Amendment Act 2023 (Cth) repealed the presumption of equal shared parental responsibility (former s 61DA) and the linked duty to consider equal or substantial and significant time. Australian courts now allocate parental responsibility and time purely on the children's best interests. Parental responsibility itself remains — and where it is safe, parents are encouraged to consult on major long-term issues such as schooling and health (ss 61CA, 61D).
Family Dispute Resolution First (s 60I)
Before filing a parenting application, a party must generally file a certificate from a registered family dispute resolution practitioner under s 60I — mediation is the default route into parenting arrangements in Australia. Exemptions apply where the matter is urgent, where there are reasonable grounds to believe there has been or is a risk of family violence or child abuse (s 60I(9)), or where a party cannot participate effectively. The template records whichever pathway applies.
Family Violence and Unacceptable Risk
Family violence is defined broadly in s 4AB — coercion, control and causing fear, including economic abuse and a child's exposure to it. Where harm is alleged, the High Court's test in M v M (1988) 166 CLR 69 asks not whether abuse is proven, but whether an order would expose the child to an unacceptable risk. Protective structures — supervised time, neutral changeover, written-only communication — let a child keep a relationship with both parents where that is safe.
Related Australian Templates
If you and the other parent agree, a consent orders application turns your agreement into binding orders without a contested hearing, and a parenting plan records it informally. Our child support agreement covers the financial side through Services Australia, and our divorce application handles the end of the marriage itself — parenting orders are independent of divorce in Australian law.
Frequently Asked Questions
Argue the Current Law, Not the Old One
Create your parenting orders submission in minutes: orders framed as lives-with and spends-time-with, the six-factor s 60CC case, and the s 60I pathway handled. Download the PDF free, or unlock Expert for the best-interests submission, family violence and safety, parental responsibility and the practical arrangements.
Free PDF · Editable Word with Expert · No account required