Getting Started - Applying to Court
What you'll need:
-
Info on you
-
Info on the other party
-
Info on the child(ren)
-
Reasons for the application
It sounds like you will need to apply to the Court to decide on arrangements for the child. You will need to apply for an Order by completing the relevant application forms and paying the application fee.
Keep on scrolling down to read more about the process and next steps.
How to Apply (Family Proceedings Court)
Necessary Forms:
-
C1
-
C1A
-
C1AA (if applicable)
-
C4
-
C5
You will need to complete Form C1 which ask for details of the parents, children, the Order you applying for and the reasons for applying.
You can find information and download Form C1 here.
Forms for the Family Proceedings Court are also available on our website
You will also have to complete Form C1A, C4, (and C1AA, but only if you have answered "yes" to Section 6 of the C1). If you do not wish to reveal your address to another person you should also complete Form C5.
Number of copies needed
Multiple Copies:
-
Check with the Court Office how many copies are needed
-
Court office details can be found here.
You should file the original of each document, plus a number of additional copies as required by the Family Proceedings Court office nearest to where the child lives by lodging the forms with the Court office in person or by posting the forms to the Court office. You should confirm with the Court Office how many copies they require.
Forms need to be completed in full -- otherwise, they may not be approved by the Judge, and this could result in delay in the case being listed for hearing.
Timelines and Scheduling
Estimated Timeline:
-
First Directions Hearing will usually be scheduled within 6 weeks from the date of the application
When a person makes an application for an order, a court date will generally be listed within six (6) weeks of the application.
Where the case is listed, the first hearing is called a First Directions Hearing. The parties may be required to complete an HR2 Form one (1) week before a hearing. Details of this will be sent by the Court office.
Application Checklist
Be sure to get proof of postage and to pay the application fee.
-
Completed Form C1 + required additional copies
-
Completed Form C1A + required additional copies
-
Completed Form C1AA + required additional copies (where you have answered yes to section 6 of From C1)
-
Completed Form C4
-
Completed Form C5 (if you do not want to reveal your address)
-
Copy of the child’s long birth certificate for each child stated within the application
-
Application fee and service fee
Further Information
Remember to check that all sections of the form are accurately completed and spellchecked!
For further information on applying for an order, the Family Court Info site contains details on the process of making an application.
Filing forms with the courts often require a fee. Click here to read more on court fees.
To read more about Court offices, you can go here.