Family Law: How to...lodge an Initiating Application in Parenting Matters

Written by James Frank | 14/12/16 6:09 AM

An Initiating Application is a document you file with the Court if you want to start court proceedings. Whilst Court should be an avenue of last resort, sometimes it is necessary to bring proceedings into the Court. This blog post examines how to file an initiating application in parenting matters. If you want more information regarding parenting matters before reading this post, please see our blog post ‘The What and Why of Family Law Parenting Matters’.

To put on an Initiating Application for parenting matters you will need:

An initiating Application, stating the orders you want made in relation to the children,
A s60I certificate, confirming that you have attend a Family Dispute Resolution session,
An Affidavit, setting out your version of events and the evidence which supports these claims and
The filing fee.

These forms will set out what you are after and why. Essentially, you will be silently pleading your case on paper through these forms. As such, it is essential that they are drafted well.

Nowadays you can file these documents online, send them to the Court via post or file them at Court in person.

If you have a solicitor they will have thought about:

Which Court your matter should be heard in,
The feasibility and wording of the things you are seeking,
and how best to explain your side of the story.

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.