Parenting Dispute Hearings in 2025: Family Law Act Expectations
Parental conflict can have a lasting impact on children caught in the middle of separation and divorce. In Australia, the Family Law Act 1975 has long governed how courts make decisions in parenting disputes. However, recent reforms have significantly shifted the way courts approach parental conflict, placing the welfare of the child at the centre of all decisions.
This article outlines what to expect in a parenting dispute hearing in 2025 under the Family Law Act 1975 in Australia.
Understanding the Legal Framework
Parenting disputes in Australia are governed by the Family Law Act 1975, which outlines the rights and responsibilities of parents and the paramount consideration of the court — the best interests of the child.
Pre-Court Requirements: Family Dispute Resolution (FDR)
Before lodging an application with the court, most parents are required to attempt Family Dispute Resolution (FDR). This mediation process helps parties resolve issues without the need for court intervention.
If FDR fails or is deemed inappropriate (e.g. in cases of family violence), a certificate (Section 60I) is issued, allowing the matter to proceed to court.
Starting the Court Process
The process begins by filing an Initiating Application in the FCFCOA. This includes the details of the parenting orders sought. Supporting documents may include:
An affidavit outlining relevant facts
A Notice of Child Abuse, Family Violence or Risk
The Section 60I Certificate (unless exempt)
Respondents are then served with these documents and given the opportunity to reply.
The First Court Event
The first court date is typically a procedural hearing. Here, the judge may:
Assess whether interim parenting orders are necessary
Refer parties to further FDR or parenting programs
Set timetables for gathering evidence (e.g. family reports)
Interim orders, if made, remain in place until the final hearing or until varied.
Evidence and Family Reports
To assist in determining the best interests of the child, the court may order:
Family Reports: Prepared by court-appointed professionals who interview the parents and children
Independent Children’s Lawyers (ICLs): Appointed in complex matters to represent the child’s interests
Expert Witnesses: In cases involving mental health or risk factors
These reports are crucial in shaping the court’s decision, especially when credibility or safety is at issue.
Final Hearing
If no agreement is reached, the matter proceeds to a final hearing. Each party presents their case, evidence, and witnesses are cross-examined. Hearings may span several days depending on complexity.
During the hearing, the court considers:
The child’s relationship with each parent
The capacity of each parent to provide for the child’s needs
Any risks of harm (physical or psychological)
The child’s views, depending on their age and maturity
The practicality of proposed arrangements
The court does not automatically favour one parent over another. Rather, it bases its decision on what arrangement serves the child’s best interests.
Court Etiquette and Expectations
Appearing in court can be daunting. Here are some important considerations:
Be respectful and punctual
Dress appropriately (smart, conservative attire)
Speak only when asked and address the judge as “Your Honour”
Avoid emotionally charged or aggressive behaviour
Your lawyer will guide you through these protocols and speak on your behalf when necessary.
After the Hearing: Orders and Enforcement
The court will issue parenting orders, which are legally binding. These may include:
Who the child lives with
Time spent with the other parent
Communication methods and schedules
Specific responsibilities (e.g. schooling, healthcare)
Failure to comply with these orders can result in penalties, including fines or variations to the order.
The 2025 Landscape: What’s Changed?
While the core principles of the Family Law Act 1975 remain, recent reforms in 2024–2025 have:
Streamlined the court process for parenting disputes
Placed increased emphasis on risk assessments and child safety
Expanded the role of ICLs in high-conflict matters
Introduced digital access for regional families via virtual hearings
These changes aim to make the system more accessible, child-focused, and trauma-informed.
Understanding the steps involved in a parenting dispute hearing can significantly ease the stress of litigation. Preparation, honesty, and legal support are your greatest assets. The court’s focus will always be on the child’s best interests, and demonstrating a cooperative and child-centred approach will serve you well.
Facing a parenting dispute in 2025? Let the team at New South Lawyers support you through every step. Our experienced Family Law team will advocate for your child’s best interests and help you achieve a fair and informed resolution.
