Parenting Questionnaire

Understanding the Parenting Questionnaire

The Parenting Questionnaire is a structured court form filed at the commencement of parenting proceedings in the Federal Circuit and Family Court of Australia (FCFCOA). It provides the court with a factual snapshot of your children's circumstances, existing parenting arrangements, and the orders you are seeking — enabling efficient case management from the very first court event.

The FCFCOA uses a risk-stratified case management model. The Parenting Questionnaire, together with the Notice of Child Abuse, Family Violence or Risk and the Family DOORS Triage, enables the court to assess the complexity, urgency, and safety profile of your case from the outset. This determines your case pathway and the level of judicial attention your matter receives.

Legal framework

• Governing rule: Rule 8.09, FCFCOA (Family Law) Rules 2021.
• Best interests framework: Section 60CC, Family Law Act 1975 (as amended 6 May 2024).
• Related form: Notice of Child Abuse, Family Violence or Risk (Rule 2.04) — a separate, universally mandatory form.
• Practice direction: Family Law Practice Direction — Parenting Proceedings.

When the Parenting Questionnaire is required

On 28 November 2022, Rule 8.09 was amended: the Questionnaire is now only required where a party has not filed an affidavit with their application or response. This change reduces duplication because an affidavit already covers the substantive evidentiary ground.

When you must file it

• Filing an Initiating Application seeking final parenting orders only (no interim orders, so no affidavit required).
• Filing a Response to Initiating Application without an accompanying affidavit.
• As directed by a judicial registrar at or after a Case Assessment Conference.

When it is not required

• When you file an affidavit with your Initiating Application (the affidavit replaces it).
• When seeking interlocutory (urgent/interim) orders, which require an affidavit.
• At interim hearings, final hearings, or appeals — those stages are governed by affidavits and outlines of case.

Both parties must file

Each party is required to file their own Parenting Questionnaire (or affidavit in lieu). The Applicant files theirs with the Initiating Application; the Respondent files theirs with the Response to Initiating Application within 28 days of service. The court receives two questionnaires — one from each party — reflecting each party's perspective on current arrangements and what they are seeking. This allows the court to compare the two accounts and identify areas of agreement and dispute before the first court event.

Key sections of the form

The Parenting Questionnaire is organised around six substantive areas, each designed to capture specific information the court needs for initial case management. Complete every section — even where the answer is "no concerns" or "not applicable."

Section 1 — Party details

Your full name, date of birth, capacity in which you are filing, and your relationship to the children. Ensure these details match those on your Initiating Application or Response exactly.

Section 2 — Children's details

For each child the subject of the proceedings:

• Full name and date of birth.
• Current school or childcare arrangements.
• Any developmental, health, educational, or cultural needs or concerns.

Section 3 — Current arrangements

A factual account of what is actually happening right now:

• Where the children currently live.
• Time-spending arrangements with each parent and other significant people.
• How decisions about the children are currently being made.
• Whether any existing court orders govern the arrangements.

Section 4 — Proposed arrangements

The orders you are seeking from the court:

• Who the children should live with.
• Proposed time-spending arrangements (weekdays, weekends, holidays, special occasions).
• How parental responsibility should be exercised (sole or joint).
• Any specific conditions (travel restrictions, communication arrangements, handover protocols).

Section 5 — Safety and risk concerns

Whether there are concerns about family violence, abuse, neglect, or other risks to the child or to a party. This section flags the existence and general nature of concerns — the detailed allegations go into the separate Notice of Child Abuse, Family Violence or Risk (Rule 2.04).

Section 6 — Other relevant matters

Any other matters relevant to the children's welfare that should be drawn to the court's attention at the outset. This may include pending family dispute resolution, involvement of child protection services, or any other circumstances specific to your case.

Step-by-step completion guide

Completing the Parenting Questionnaire requires a factual, child-focused approach. The form asks you to describe what is happening now and what you want to happen — not to argue your case.

Step 1 — Gather information about each child

Before starting the form, compile the details for each child: full name, date of birth, school or childcare details, any medical or developmental concerns, and any cultural or identity considerations. For Aboriginal and Torres Strait Islander children, the court will specifically need to understand the child's connection to culture, community, country, and language.

Step 2 — Document current arrangements factually

Describe what is actually happening — not what you wish were happening. Be specific about time-spending patterns, who makes which decisions, and any formal or informal agreements currently in place.

Step 3 — Set out your proposed arrangements

Clearly state the orders you are seeking. Be practical and specific: specify days and times for time-spending, identify who has decision-making authority for different categories (education, health, religion, extracurricular activities), and address holidays and special occasions. The court expects workable, child-focused proposals — not punitive or unrealistic demands.

Step 4 — Address safety concerns honestly

If there are genuine safety concerns, flag them in this section. You do not need to provide the same detail as the Notice of Child Abuse, Family Violence or Risk, but you should clearly indicate the nature of the concern. Understating genuine concerns creates a disconnect with later evidence. Overstating concerns without supporting evidence in the Notice or affidavit creates procedural difficulties.

Step 5 — Complete the Notice of Child Abuse, Family Violence or Risk

This is a separate, universally mandatory form that must be filed alongside the Parenting Questionnaire. Even if you have no safety concerns, you must complete the Notice to confirm the absence of concerns. If there are concerns, you must also file an affidavit setting out the allegations in detail.

Step 6 — File and serve

File electronically through the Commonwealth Courts Portal. The Parenting Questionnaire must be filed simultaneously with your Initiating Application or Response and served on the other party as part of the complete application bundle. Keep proof of service for your records.

Best interests and section 60CC

The Parenting Questionnaire is structured to capture information the court needs to assess the child's best interests under section 60CC of the Family Law Act 1975. Since the May 2024 amendments, the court now considers six non-hierarchical factors — there is no longer a distinction between "primary" and "additional" considerations.

The six best interests factors (s60CC)

• 1. Safety — What arrangements would promote the safety of the child and each person who has care of the child, including safety from family violence, abuse, neglect, or other harm.
• 2. Child's views — Any views expressed by the child, with weight given according to the child's maturity and level of understanding. The court does not require children to express views if they do not wish to.
• 3. Developmental, psychological, emotional and cultural needs — The holistic needs of the child, including connection to culture, identity, and community. For Aboriginal and Torres Strait Islander children, additional specific considerations apply under section 60CC(3).
• 4. Parental capacity — The capacity of each person who has or is proposed to have parental responsibility to provide for the child's developmental, psychological, emotional, and cultural needs.
• 5. Benefit of relationships — The benefit to the child of being able to have a relationship with both parents and other significant people (such as grandparents), where it is safe to do so. The "where safe" qualification is new from the 2024 amendments.
• 6. Anything else relevant — A residual catch-all factor allowing the court to consider any other circumstances specific to the child that are relevant to determining their best interests.

How the Questionnaire maps to these factors

The Parenting Questionnaire does not ask you to explicitly argue the section 60CC factors — that analysis belongs in affidavits, submissions, and family consultant reports. However, the information it captures is organised around the same factual inquiries the court must make:

• Current arrangements — Informs factors 4 (parental capacity) and 5 (existing relationships).
• Safety concerns — Directly informs factor 1 (safety).
• Children's details — Informs factors 2 (views), 3 (needs), and 6 (other relevant matters).
• Proposed arrangements — Informs all factors by showing what each party considers best for the children.

Parenting Questionnaire vs Notice of Child Abuse, Family Violence or Risk

These are two distinct, separately required documents. They are not interchangeable, and filing one does not satisfy the obligation to file the other.

Common mistakes to avoid

Procedural errors

• Not filing the Notice of Risk separately — This is universally mandatory and cannot be substituted by the Questionnaire.
• Filing both when only one is needed — After November 2022, if you file an affidavit, the Questionnaire is unnecessary.
• Using an outdated form version — The form was updated in May 2024; pre-2024 versions reference abolished concepts.
• Failing to serve on the other party — The Questionnaire must be served with the application bundle.

Content errors

• Treating it as sworn evidence — The Questionnaire is a procedural summary, not an affidavit. Save detailed allegations for your affidavit.
• Mixing current and proposed arrangements — "Current arrangements" describes what is happening; "proposed arrangements" describes what you want.
• Using argumentative language — State facts, not opinions or accusations.
• Leaving sections incomplete — All sections should be answered, even if "not applicable."

Safety disclosure errors

• Understating genuine concerns — Creates a disconnect with your Notice of Risk and affidavit, potentially affecting credibility.
• Overstating concerns without evidence — Allegations flagged in the Questionnaire must be supported in the Notice and affidavit.
• Omitting family violence history — Under the 2024 amendments, safety (including family violence) is a core factor. Do not minimise.

Strategic errors

• Proposing unrealistic arrangements — Demands designed to punish the other parent rather than serve the child's interests will not be well received.
• Inconsistency with later evidence — What you state in the Questionnaire may be compared to your affidavit and oral evidence.
• Not addressing the child's views — If your child has expressed views about arrangements, note that they have (details go in evidence).

Common questions