Child custody cases are some of the most sensitive in family law. When organising parenting arrangements, the Family Law Act requires the Family Court to prioritise the child’s best interests. Parties often wonder how long does court take for child custody as they aim to settle parenting matters as quickly as possible.
This article will explore the timeframe you can expect to face and the complications that can arise.
Child custody timeline
The easiest and quickest way to make parenting arrangements is through a consent order. Parenting consent orders provide co-parents a way to organise parental responsibility cooperatively.
With a properly completed application, the Court will usually process the application within around six to eight weeks.
Here’s the basic timeline to follow.
Consent orders
Seek legal advice
It’s not necessary to obtain legal advice before applying for consent orders. A family lawyer will smooth the application process, though.
Preparing and filing documentation
There are two essential documents you must file to get a parenting consent order. The first is a Notice of child abuse, family violence or risk. This form is part of the Court’s responsibility to report to authorities. It covers the following:
Allegations of child abuse or a risk of child abuse.
Allegations of family violence or a risk of family violence that amount to abuse of a child.
The other document is the application itself. The application will cover how major long-term decisions will be made regarding crucial parts of your child’s life. The application can then be filed online through the Commonwealth Courts Portal.
For more information on how to prepare a consent order, visit and read our blog titled “How to Prepare for a Consent Order? (Important Steps for a Smooth Process)”
Parenting orders
Some parents fall into custody battles because one or both parents can’t accept proposed custody arrangements. This means that court proceedings will settle the matter.
The Family Law Court will add delays to the process. It’s vital to have professional support.
Pre-action procedures
Parties seeking to begin a court action must make a genuine attempt to resolve the matter amicably. This involves inviting the other party to participate in alternative dispute resolution, such as mediation or counselling.
If these actions are completed without success, you will receive a Genuine Steps Certificate to recognise you have satisfied the pre-action requirement.
Some applications are exempt from this requirement. Such applications include:
Urgent applications.
Applications that include allegations of family violence.
Applications that would be prejudiced by pre-action procedures.
Initiating application
The applicant must file an initiating application to begin the action for parenting orders. You may apply for interim orders simultaneously if you feel it’s necessary. Interim orders put a temporary order in place while the Court considers the final orders. If you’re applying for interim orders, you must attach an affidavit stating their reasons.
The respondent may file a response to the application, setting out their case. The response must be served on the applicant through ordinary service and any independent children’s lawyers appointed.
First court hearing
The first court date is usually set for six to twelve weeks after filing the initiating application. The Court will make procedural orders regarding the next step in the proceedings and what actions the parties must take.
Interim hearing
A date will be set to decide on an interim order if one party applied for one. The Court will consider the affidavits submitted by the parties and the oral submissions of their family lawyers.
Child dispute conference
The parties will meet with a court-appointed family consultant to try and reach an agreement. After the conference, the consultant will prepare a report summarising the issues and their recommendations for proceeding. For example, they may recommend the Court appoint an independent children’s lawyer to represent the child.
A copy of the report will be provided to each party’s lawyer, the judge and the parties.
Final hearing
A final hearing will be set if the parties still can’t agree. The Court endeavours to hold the final hearing no later than 12 months from the initial application. This hearing may take between one and three days. The judge will read affidavits provided by each party and their witnesses. The parties will give an oral address, and each lawyer will have a cross-examination.
The judge may make a decision immediately or within three months. The process can last approximately 18 months or even two years.
Conclusion
With the child’s best interests in mind, parties should take every opportunity to make a parenting agreement. The Court can usually organise consent orders in six to eight weeks. However, disputed cases can run on for months or even years.
We offer free consultations if you need help with a consent order
