Parenting Orders (Respondent)

Purpose of this Guide: Use this plan when your client has been served with an Initiating Application for parenting orders and needs to respond as the respondent. Open it immediately upon receiving service, as the respondent faces a strict 28-day statutory deadline to file a formal response. The plan covers the full FAM-PARENTING pathway from response drafting through to final hearing.\n\nJurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and the FAM-PARENTING Practice Direction. Configured for Queensland registries but applies nationally. There are no forks in this plan.\n\nThe Process at a Glance: The matter is triggered by the date of personal service on the respondent. The lawyer analyses the Initiating Application, the originating Affidavit, and the Form 2 Notice of Risk to understand the applicant's case and identify any false or exaggerated allegations. The respondent must complete the Lighthouse Project risk screen and file a Response to Initiating Application (Family Law), a responding Affidavit addressing the section 60CC best interests criteria, and a Genuine Steps Certificate within the 28-day deadline via the Commonwealth Courts Portal. A cross-application for interlocutory orders may also be filed if urgently required. The respondent appears at the First Court Event before a Judicial Registrar, participates in any ordered Child Dispute Conference or section 11F Interview, and presents submissions at the Interim Hearing. Evidence is finalised before the Compliance and Readiness Hearing, and the matter concludes at a Final Hearing with cross-examination of the applicant, Family Consultant, and witnesses.\n\nKey Legislation and Case Law: - s 60CC (best interests criteria - the respondent's case must address each factor), s 60I (the respondent is also subject to FDR obligations and must file a Genuine Steps Certificate), s 62G (court-ordered Family Report - the Family Consultant's recommendations are highly influential at trial), s 67Z (mandatory reporting obligations triggered by Form 2 allegations). - Rule 2.27 (personal service requirements that the applicant must have satisfied - verify this as a jurisdictional point), Rule 4.01 (pre-action procedure obligations applicable to both parties). FAM-PARENTING Practice Direction - the 28-day response deadline runs from the date of personal service under Rule 2.27. Failure to respond within time risks the matter proceeding without the respondent's participation. The Lighthouse Project risk screen result may trigger allocation to the Evatt List for high-risk case management.