Australia: family-law information and official sources
Practical starting points for parenting, family dispute resolution, courts, child support and safety in Australia, with official sources.
Choose your state or territory
Local legal aid and protection services vary. Western Australia also has a different family court and legislation for some cases.
Start with safety
If you or a child is in immediate danger in Australia, call 000. For domestic, family or sexual violence support, contact 1800RESPECT on 1800 737 732 or use its online options if safer. Family dispute resolution may be unsuitable where violence, child abuse, unequal bargaining power or other safety risks are present. Tell a service about safety concerns before any joint meeting; do not contact the other person merely to complete a step on this page. Family Relationships Online: mediation and suitability, Federal Court: family dispute resolution exceptions.
1. Parenting arrangements after separation
Parents can make practical arrangements about where a child lives, time with each parent or other important people, communication and major decisions. The child's best interests guide a court's decision, including safety; there is no automatic schedule or equal-time outcome that fits every family. The Attorney-General's updated parenting orders handbook gives examples to discuss, while the Federal Court's parenting overview explains the matters orders may address. For a WA case, start with the Family Court of Western Australia's parenting information.
2. Family dispute resolution and exceptions
Family dispute resolution (FDR) is a process with an accredited practitioner to explore parenting issues. For many contested parenting applications, a section 60I certificate or an accepted exception is required before filing. Possible exceptions include urgency, family violence, child abuse and inability to participate effectively; the facts and court rules matter. An exception is not something this guide can grant. Federal Court: pre-filing FDR requirements and exceptions, Family Court of WA: FDR.
3. Which family court and local service?
The Federal Circuit and Family Court of Australia is the federal family-law court for most states and territories. Western Australia is different: ordinary parenting cases there are heard by the Family Court of Western Australia. That court applies both Commonwealth and WA legislation; its legislation page distinguishes children of parents who were or are married from children whose parents were never married. Do not use a federal form or filing portal for a WA case without checking the WA court's current instructions.
4. Child support
Services Australia administers child-support assessments under Australian law. Its assessment formula explanation describes how parents' incomes, care percentages and children's ages affect an assessed amount. A care change can affect an assessment, so report a change through Services Australia and ask how it applies to your case. A parenting schedule does not itself state a final child-support amount. Use the official estimator or ask Services Australia rather than relying on a figure in a general article.
5. Moving with a child
Moving within Australia or overseas may make an existing parenting arrangement impracticable. Discuss a proposed move where it is safe to do so, check any orders, and seek advice before changing the child's residence. If people cannot agree, a court may be asked for orders about relocation; the result is based on the child's best interests and the facts. A unilateral move can lead to an order to return and may breach an existing order. Federal Court: relocation guidance. For WA proceedings, begin with the WA court's parenting information and obtain case-specific advice.
6. Overseas travel and passports
Travel permission, a child passport and permission to relocate permanently are different questions. Where parenting orders exist or parenting proceedings are pending, taking or sending a child out of Australia without the required consent or a permitting order may be an offence. The Federal Court explains travel orders and the Family Law Watchlist. If removal is threatened, obtain urgent legal advice and ask the court or police about protective options; do not rely on this page to decide whether travel is lawful.
7. Changing or enforcing an arrangement
First identify whether you have an informal arrangement, a parenting plan or a court order. Their legal effects differ. The Federal Court's change guide explains that reconsidering a final parenting order without everyone's consent requires the court to consider a significant change of circumstances and the child's best interests. An agreed plan can affect an order in some circumstances, but it is not a safe assumption for every case. Get advice before acting against the written order.
8. Legal aid and help
There is a legal aid commission in every state and territory. The Australian Attorney-General's legal-assistance directory explains legal aid, community legal centres and specialist family-violence legal services. Select your state or territory below to find its commission and local resources, then ask the service about availability and its own eligibility rules. A court registry can explain its process but cannot advise which legal outcome to pursue. Federal Court: legal advice and self-representation.
9. Costs, time and next steps
Court fees change, and legal representation or dispute resolution may add costs. Check the current federal family-law fees or WA court fees for the court that applies. The federal court describes possible fee exemptions, but this guide cannot determine eligibility. Ask a legal service or lawyer for a written cost estimate where available. No page can promise when a matter will finish; urgency, court workload, dispute complexity and the steps required vary.