What to do before you apply for Parenting Orders

About the Author: Kristdel Bolog

Kristdel practices solely in Family Law has been a Partner at The Family Lawyer since June 2019. Aside from her amazing ability to recite from memory the entire “Ode to Spot” by Commander Data, she has a wealth of knowledge and practical experience from a decade in the field of family law. Kristdel’s passion for the law and a love of helping people through difficult times enables her to put peoples minds at ease, even during complicated or bitter family court proceedings. As our resident “empath” she is The Family Lawyers’ Counsellor and is always there to listen to her colleagues or clients and bring a smile to their faces. Her nickname around the office is “the nerd”, a badge she wears proudly. Kristdel is hardworking, knowledgeable and dedicated to getting great outcomes for her clients. You can contact her at kbolog@thefamilylawyer.com.au or on 03 8657 3751.
DATE

July 14, 2021

CATEGORIES
SHARE

What to do before you apply for Parenting Orders

Did you know there are certain things you need to do before applying for parenting orders? These are referred to as pre-action procedures.

The pre-action procedure applies to:

  • anyone considering starting a case
  • anyone named as a respondent if a case is started, and
  • their lawyers (if any).

Before making an order, the court wants to be satisfied that the parties make a genuine effort to resolve their dispute before applying to the court.

Applicants applying for any parenting order must supply to the court a certificate from a registered family dispute resolution practitioner, referred to as a 60I certificate unless there is an exemption.

The pre-action procedure is not required for applications:

  • for divorce only, or
  • for child support only, or
  • where the case includes the Court’s bankruptcy jurisdiction.

Pre-action procedure objectives

Attempting to resolve your matter prior to applying for a parenting order is important as the court process is expensive, emotional and invasive.

  • To encourage early and full disclosure through the exchange of information and documents about the prospective case.
  • To help people resolve their differences quickly and fairly, and to avoid legal action where possible. This will limit costs and hopefully avoid the need to start a court case.
  • Where an agreement cannot be reached out of court, to help parties identify the real issues in dispute. This should help reduce the time involved and the cost of the case.
  • To encourage parties to seek only those orders that are realistic and reasonable on the evidence.

How can we help?

If you need legal advice or support, our experienced and compassionate family lawyers can assist you, whatever stage you may be at. Talk to us today for a FREE 15-minute family law consultation by calling 03 8657 3751 or via email at enquiries@thefamilylawyer.com.au we look forward to helping you achieve a better outcome.

BOOK YOUR FREE CASE ASSESSMENT

Related articles