Receiving family court documents can feel confronting, particularly if you were not expecting proceedings to begin.
The documents may concern children, property, financial arrangements or another family law issue. They may also contain proposed orders, allegations, a court date and requirements for filing a response.
Do not ignore the documents or assume that the first court date is the only date that matters. McDonald Legal provides family law advice for Melbourne clients who have received court documents and need to understand what has been filed, what may be required and what should happen next.
Quick overview
After receiving family court documents:
- keep every page and attachment
- record when and how you received them
- identify the type of application
- find the court date and any response requirements
- read the orders the other party is asking the Court to make
- gather relevant parenting or financial information
- note any statements you believe are incorrect
- comply with any existing court orders
- seek legal advice promptly
Receiving an application does not mean that the Court has accepted every statement made by the other party. It means that documents have been filed and formally provided to you so the matter can proceed.
Keep the complete set of documents
Keep the envelope, covering email and every document you received.
A family law document package may include:
- an Initiating Application
- an Application in a Proceeding
- an affidavit
- proposed interim or final orders
- financial documents
- a Notice of child abuse, family violence or risk
- existing court orders
- information about the first court event
Do not separate or discard pages that seem unimportant. Attachments and supporting documents can help explain what the other party alleges and what they want the Court to decide.
Save an electronic copy and keep the original documents in a secure place. If they were received electronically, download the complete files rather than relying on access through an email link that may later expire.
Record when the documents were received
Write down:
- the date
- the approximate time
- how the documents were delivered
- who delivered or sent them
- which documents were included
This is important because some filing periods run from the date the documents were served.
The Federal Circuit and Family Court of Australia states that a Response to Initiating Application or a Response to an Application in a Proceeding must generally be filed and served within 28 days after service of the relevant application.
However, not every court document has the same requirement. An existing order, procedural direction or particular type of application may set a different timeframe. Check the documents carefully and obtain advice rather than relying on a general deadline.
Identify what the other party is asking for
An application usually sets out the orders the applicant wants the Court to make.
Read the section dealing with the orders sought and separate them into practical issues.
For a parenting matter, the requested orders may concern:
- where children live
- time spent with each parent
- communication
- school or medical decisions
- travel or relocation
- changeovers
- parental decision-making
- interim arrangements until a later hearing
For a property or financial matter, the requested orders may concern:
- sale or transfer of property
- access to funds
- financial disclosure
- valuations
- superannuation
- business interests
- payment of liabilities
- restrictions on dealing with assets
Do not assume that you must either accept or reject the entire application. A response may involve agreeing with some proposed orders, opposing others or asking the Court to make different orders.
Find the court date and attendance details
Look for the date, time and method of the first court event.
The hearing may be:
- in person
- by telephone
- by video
- managed through another electronic process
Check whether the documents contain connection details or instructions about when those details will become available.
Place the court event in your calendar immediately. Also set reminders several days beforehand.
If you cannot attend at the scheduled time, do not simply miss the hearing. The Court’s guidance warns that if a respondent fails to attend without a proper explanation, the matter may proceed and orders may be made in their absence.
Contact the Court and obtain legal advice as soon as possible if attendance may be difficult.
Do not contact the other party impulsively
Receiving allegations or proposed orders can cause an immediate emotional reaction.
Before sending a long message, making accusations or agreeing to a proposal, take time to understand what has been filed.
Communications sent after receiving court documents may later become relevant to the proceeding. Keep any necessary communication brief, factual and focused on practical matters, particularly where children are involved.
You should also consider whether an intervention order, family violence safety notice or existing parenting order limits communication between the parties. Continue to follow all existing orders unless they are changed by a court.
Prepare a factual response to disputed statements
Read any affidavit or supporting statement carefully.
Make a private note of:
- statements you agree with
- statements you believe are incorrect
- important information that has been left out
- documents that support your recollection
- dates, messages or records that may be relevant
Keep this factual. Avoid writing an emotional reply to every sentence.
An affidavit is a formal written statement in which the contents are sworn or affirmed to be true. The Court’s guidance states that an affidavit should set out facts rather than opinion.
Legal advice can help determine which disputed points are relevant to the orders being sought. Not every disagreement needs to be included in court material.
Gather the most relevant information
The documents you prepare will depend on whether the matter concerns parenting, property or both.
For parenting proceedings, useful information may include:
- current care arrangements
- school and childcare details
- existing parenting plans or orders
- medical or support needs
- important communications
- a brief chronology
- any immediate safety concerns
For property proceedings, useful information may include:
- bank and loan statements
- property records
- superannuation details
- income and tax documents
- business or trust information
- details of significant transactions
- existing agreements or settlement proposals
You do not need to organise the entire history before speaking with a lawyer. Start with the documents that relate most directly to the application and the orders being requested.
Consider whether anything requires urgent attention
Some court documents seek interim orders that may affect arrangements before a final decision is made.
Raise the matter promptly if the application involves:
- a proposed relocation
- children being withheld
- immediate changes to care arrangements
- family violence or safety concerns
- sale or transfer of property
- access to bank accounts
- disposal of business or investment assets
- an urgent injunction
- a hearing scheduled with little notice
Urgency does not necessarily mean the same response is appropriate in every case. It means the timing and potential consequences should be assessed promptly.
If you or another person is in immediate danger, call Triple Zero on 000.
Understand what filing a response may involve
The precise documents required depend on the application.
The Court’s official guide on how to file a response explains that a response may need to be accompanied by other documents, depending on whether the case involves children, finances, interim orders or other issues.
Responses are generally filed electronically through the Commonwealth Courts Portal. After filing, the response and related documents must also be served on the other parties in accordance with the Court’s requirements.
Do not copy a response from another matter or use a form without checking whether it applies to your circumstances. Court documents should reflect the orders you seek and the relevant facts supporting your position.
Seek advice before the response is due
Waiting until the final days before a deadline can make it harder to review the application, gather documents and prepare an appropriate response.
McDonald Legal’s family law services include assistance with parenting, property, separation and court-related family law matters.
A lawyer can help you:
- understand the documents
- identify the relevant deadlines
- assess the proposed orders
- decide what response may be required
- organise supporting information
- prepare for the first court event
- identify any urgent risks
Speak with McDonald Legal
Receiving family court documents does not mean you need to have an immediate answer to every allegation or proposal. It does mean that the documents, dates and requested orders should be reviewed carefully.
McDonald Legal offers a free thirty-minute consultation for people who need guidance about a family law matter.
To arrange a consultation, contact McDonald Legal or call (03) 9070 1107.
This article provides general information and is not legal advice. Court requirements and response documents depend on the type of application and the circumstances of the matter.
