Parenting Orders (Applicant) - Grandparent or Third-Party Application

The Process at a Glance: The lawyer first establishes the client's standing to apply under section 65C(ba) of the Family Law Act, which confers standing on any person concerned with the care, welfare, or development of a child. The applicant must demonstrate a genuine and significant relationship with the child. Pre-action compliance, the section 60I certificate, Genuine Steps Certificate, and all originating documents required in the main parenting plan must still be completed. Because the presumption of equal shared parental responsibility typically benefits the parents, the applicant must present clear evidence as to why the proposed parenting arrangement - which places a child with a non-parent - serves the child's best interests. The Lighthouse risk screen, First Court Event, and interim and final hearing pathway all apply in the same sequence as the standard plan. An Independent Children's Lawyer is commonly appointed given the nature of these applications. The court may also order a section 62G Family Report and require subpoenas to Child Safety and Police.

Key Legislation and Case Law: Family Law Act 1975 (Cth) - s 60CC (best interests of the child as the paramount consideration), s 61DA (presumption of equal shared parental responsibility - must be rebutted where both parents oppose the non-parent's application), s 65C(ba) (standing of persons other than parents to apply for parenting orders), s 65G (additional procedural requirements where orders are sought in favour of a non-parent, including possible mandatory referral to a Family Consultant before chambers approval). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Rule 2.27 (service), Rule 4.01 (pre-action procedure). The Lighthouse Project risk screen and Evatt List allocation apply equally to grandparent applications involving family violence. Section 62G Family Reports are particularly influential in these matters given the absence of parental consensus.

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