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.
Key takeaways
Child custody Family Court process 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 within the family court process.
With a properly completed application, the Family 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. However, since consent orders fall under Family Court proceedings, a family lawyer can help navigate the court process and ensure a smoother application within the Family Court. In cases involving financial disputes, the Court may direct parties to attend a conciliation conference to facilitate negotiations and potentially resolve issues without the need for further litigation.
Preparing and filing documentation
There are two essential documents you must file to get a parenting consent order within the Family Court process. The first is a Notice of child abuse, family violence or risk. This form is part of the Family Court’s responsibility to report to authorities and ensure compliance with family law regulations. 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. Court proceedings will settle the matter.
The Family Law System can involve delays, making it vital to have professional support throughout the process. Within the Federal Circuit, cases must comply with Family Law Rules, ensuring procedural fairness and efficiency. A family report may be required as part of a court event, providing the Court with insights to assist in decision-making. In some cases, the Court may direct parties to attend a conciliation conference, offering an opportunity to negotiate and resolve disputes before proceeding to a final hearing.
Pre-action procedures
Parties seeking to begin a Family 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, as part of the Family Court process. It will usually take anywhere from two weeks to three or four months to set up court-ordered mediation and dispute resolution before formal court proceedings commence.
If these actions are completed without success, you will receive a Genuine Steps Certificate to recognise that you have satisfied the pre-action requirement in the Family Court. At this stage, it is advisable to seek legal advice to understand the next steps in the court process. Additionally, a family report may be required to provide the Court with relevant information regarding the child’s best interests.
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 in the Family Court, as part of family law proceedings. 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 during court proceedings. If you’re applying for interim orders, you must attach an affidavit stating your reasons. A court event may be scheduled to review the interim orders before the matter proceeds to a final hearing.
The respondent may file a response to the application in the Family Court, setting out their case in accordance with family law. The response must be served on the applicant through ordinary service and any independent children’s lawyers appointed. If the matter is not resolved through mediation or interim orders, it may proceed to a final hearing where the Court will make a binding decision.
First court event
The first Family Court date is usually set for six to twelve weeks after filing the initiating application. Within the court system, the Court will review the submitted court forms and make procedural orders regarding the next steps in the proceedings and what actions the parties must take. If the matter is not resolved through earlier stages, it may proceed to a final hearing where the Court will make a binding decision.
Directions hearing
The Judge or Judicial Registrar may use the directions hearing to explain the steps the parties involved must complete, ensuring that the case is ready to proceed. In property matters, the Court may consider the financial circumstances of both parties and direct them to participate in a conciliation conference to explore settlement options before escalating the case further.
If urgent decisions are required, the Court may schedule interim hearings to address pressing issues such as financial support or parenting arrangements. Additionally, if the case involves children, the family report process may be initiated to provide expert recommendations on the child’s best interests before proceeding to a final determination.
Interim hearing
One party may seek interim orders, and a date will be set for the first court event to decide on the interim order. In the Federal Circuit and Family Court, the Court will consider the affidavits submitted by the parties and the oral evidence presented by their family lawyers. Additionally, a family consultant may be involved to provide assessments and recommendations regarding the child’s best interests.
Child dispute conference
The parties will meet with a court-appointed family consultant as part of the Family Court proceedings to try and reach an agreement. After the conference, the consultant will prepare a report summarising the issues and their recommendations for proceeding. This process falls under family law and helps the Court make informed decisions regarding the child’s best interests.
For example, the consultant may recommend the Family Court appoint an independent children’s lawyer to represent the child. The independent children’s lawyer does not represent either parent but solely advocates for the child’s welfare. If the matter remains unresolved, the Court may schedule an interim hearing to determine temporary arrangements before proceeding further.
Different types of reports may be ordered depending on the case. They typically involve interviews with the parties and their children if appropriate. Interviews can take several days to complete.
Child impact report. This details a child’s experiences and needs. It provides important information about how separation and divorces is affecting the child.
Child impact addendum report. This report builds on the findings of the original child impact report. It’s drafted by the same Court Child Expert within six months of the child impact report’s publication.
Specific issues report. The Court may order a report on a specific issue or event. The report delivers conclusions about the issue to assist the final hearing.
Family report. This provides a comprehensive analysis of risk factors, the child’s wellbeing, points of dispute, and other relevant issues to the family.
A copy of the report will be provided to each party’s lawyer, the judge and the parties.
Compliance and readiness hearing
Some parties are unable to resolve certain differences during dispute resolution, requiring further action in the Family Court. A readiness hearing determines whether the parties have complied with all court directions and orders. The parties must complete a Certificate of Readiness before this hearing. If necessary, a party may seek interim orders, which could lead to an interim hearing where the Court considers oral evidence and affidavit materials. Once the Judge is satisfied that all procedural requirements have been met, the case can proceed to the final hearing, where a binding decision will be made.
Final hearing
A final hearing will be set if the parties still can’t agree, progressing through the Family Court and Federal Circuit within the court system. The Court endeavours to hold the final hearing stage no later than 12 months from the initial application, striving for a more efficient justice system. This hearing may take between one and three days.
During the final hearing, the judge will read affidavits provided by each party and their witnesses. The parties will give an oral address, and each lawyer will have the opportunity for cross-examination. Additionally, a family consultant may provide expert insights on the child’s best interests, assisting the Court in making a well-informed decision.
The judge may make a decision immediately or within three months, depending on the complexity of the case and the evidence presented. As part of the process, parties may be required to submit a financial statement to ensure all relevant financial matters are considered. Overall, the process can last approximately 18 months or even two years, highlighting the importance of early resolution where possible.
Mediation versus litigation
There’s a big time difference between mediating a custody arrangement and forcing one through litigation. In a family law matter, mediation allows for a quicker resolution, while the Family Court process can take at least 12 months before proceedings begin due to the high volume of cases. The Family Court system is busy, and delays can be costly, both financially and emotionally. In cases involving financial circumstances, the Court may require parties to attend a conciliation conference to explore settlement options before proceeding to litigation, helping to reduce delays and promote fair outcomes.
Mediation has benefits that reduce the time necessary for parties to resolve family law matters.
Scheduling
Family dispute resolution proceeds at an appropriate pace for each party, balancing the need for fairness with the financial and emotional costs involved. However, the Family Court follows strict deadlines, which may cause issues for parents navigating the process.
Conflict resolution allows parties to meet on better terms, potentially avoiding the stress of cross-examination and prolonged litigation. If resolution is not achieved, the matter will proceed to a final hearing, where the Court will issue final orders that legally determine parenting and financial arrangements.
Fewer procedures
Litigation involves many steps that slow down parenting or property matters within the Family Court system. In contrast, mediation versus court proceedings offers a more streamlined approach. Mediation sessions are set up to suit the needs of your case, allowing parties to engage in discussions voluntarily.
Since the parties attend mediation by agreement, they can engage on their own terms without having to navigate the procedural complexities of the Family Court. This can lead to faster resolutions, reducing stress and legal costs. If mediation is unsuccessful, the case may proceed through formal court proceedings, ultimately leading to final orders issued by the Court.
Case study: Farrington & Belkis (2024)
The Farrington & Belkis case study shows how extensive custody cases can be.
The facts
The parties were in a considerable amount of conflict, which had negative consequences for their children. As the matter escalated through Family Court proceedings, it was found that the father was controlling and coercive. There was also an imbalance due to age and employment status, further complicating the case.
As a result, the parties had to attend court to resolve the dispute, with the Family Court assessing the best interests of the children before making any final determinations.
A parenting order was formed by consent in 2019. It gave both parties equal shared parental responsibility. The father sought to amend the consent order in 2021. Both parties engaged in excessive litigation in the following years. The large amount of filings, primarily by the father, prevented the matter being finalised.
In 2024, the mother received sole parental responsibility. The father would not be given any contact with the children. New family law rules introduced in 2024 made it easier to get sole parental responsibility by removing the assumption of shared responsibility.
The importance of effective legal representation
Both parties in this case study were self-represented during significant parts of the Family Court process, which added complexity to their parenting or property matters. Without legal guidance, they struggled to navigate the court system, leading to delays and prolonged litigation.
Had they engaged professional legal representation, the time required to resolve their dispute could have been significantly reduced. A lawyer could have assisted in streamlining the process, ensuring proper documentation, and effectively advocating during an interim hearing or final proceedings, ultimately facilitating a more efficient resolution.
Early dispute resolution
A skilled family lawyer can guide clients through dispute resolution within the Family Court. Effective early mediation helps focus discussions on the child’s best interests rather than the parents’ animosity, preventing unnecessary escalation of family disputes. This is particularly important in parenting matters, as the case study states: “The way the matter was conducted very often put the Father, rather than the children, at the centre of attention.” Legal representation can also assist during the first court date and any interim hearing, ensuring that proceedings remain focused on the welfare of the children rather than parental conflicts.
Preventing coercive litigation
The father showed a pattern of coercive behaviour, using delay tactics such as frivolous filings, which caused significant emotional strain for the mother and children. Within the Family Court system, these tactics extended the case unnecessarily. A family report writer could have provided an independent assessment of the family’s circumstances, offering the Court a clearer understanding of the children’s best interests.
A family lawyer could have sought specific orders sought to limit the father’s ability to prolong proceedings, ensuring a final agreement was reached efficiently. If the matter escalated, both parties may have been cross-examined in court, further intensifying the conflict. To prevent ongoing meritless filings, a litigation restraint order could have been applied, restricting the father from making repeated applications without valid legal grounds.
Stronger advocacy for protection orders
A family lawyer would help navigate the Family Court system to secure protection orders sought sooner, preventing the father’s continuous harassment. They could also assist in obtaining sole parental responsibility more efficiently by presenting evidence from professionals such as psychologists. If urgent intervention were needed, a lawyer could apply for an interim hearing to seek temporary orders while the case progressed.
Additionally, having a legal representative ensures that all necessary documentation and arguments are properly presented, strengthening the case for the mother and children’s safety.
Reducing the children's exposure to conflict
In high-conflict cases, an experienced lawyer can facilitate alternative options such as parallel parenting plans, especially in exceptional circumstances where cooperation is difficult. This approach can help one or both parties establish a more structured and practical arrangement earlier, reducing ongoing disputes.
A lawyer can also assist in gathering independent evidence, such as reports from psychologists or family consultants, to support the most suitable parenting agreement in the best interests of the child.
Conclusion
With the child’s best interests in mind, parties should take every opportunity to make a parenting agreement. In a family law matter, the Court can usually organise consent orders within six to eight weeks. However, disputed cases can extend for months or even years, particularly when religious and cultural issues arise or the other party refuses to cooperate. The case study highlights how a custody case can remain in the Family Court system for many years, causing prolonged stress for all involved.
A senior judicial registrar may be assigned to oversee complex cases, ensuring procedural fairness and efficiency. Additionally, the Court may request a detailed report from a family consultant to assess the best interests of the child. If an agreement is not reached, the matter may be adjourned to a later date, further delaying resolution. An experienced lawyer can help avoid unnecessary delays by ensuring all legal requirements are met and advocating for a fair and timely outcome.
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