When it comes to family law matters, having the right documents at your fingertips is crucial.
Whether you're dealing with parenting arrangements or property disputes, obtaining a copy of your court orders can feel like navigating a maze without a starting point.
But don't worry – we've got you covered!
Our family law firm, Unified Lawyers, believes that it's important that you understand your rights and responsibilities when it comes to family law matters, and that includes knowing how you can get copies of your family court orders. Because we understand the ins and outs of the family law system, we're able to help you every step of the way.
Before we dive into the practical steps to get those important court orders in your hands, let's talk about family court orders.
What is a family court order?
A Family Court order is a legally binding decision made by the Federal Circuit and Family Court of Australia.
These orders are designed to address various aspects of family law matters that usually arise when a relationship ends, such as parenting arrangements, property settlements, as well as issues of family violence.
When parties are unable to reach an agreement on their own, the court steps in to make a final decision that is in the best interests of all involved, especially the children.
Family Court orders can cover a wide range of issues, including:
- Parenting orders: These orders determine the parenting arrangements access in family law for children after separation or divorce. This may include where the children will live, how much time they will spend with each parent, and how decisions about their welfare will be made.
- Consent orders: When both parties agree on the arrangements for children or property, they can apply for consent orders for children to have their agreement approved and sealed by the court, making it enforceable.
- Property orders: These orders outline how the property and financial resources of the parties will be divided.
- Interim orders: Temporary orders made by the court to provide immediate arrangements until a final decision is made.
Who can access family court orders?
Access to family court orders is restricted to protect the privacy and confidentiality of those involved. Not everyone can obtain these sensitive documents, and the court maintains strict guidelines about who is eligible. Generally, the following people may be able to access court orders for family law matters:
Parties involved in the case
The individuals directly involved in the case, including the applicant (the person who filed the case) and the respondent (the person against whom the case was filed), have the primary right to access court orders.
Lawyers representing the parties in the case can also request and access copies of the orders. This ensures that they can provide accurate legal advice and representation.
Family members and relatives
In cases involving children, the parents or legal guardians have the right to access the relevant court orders, such as parenting orders. This helps in ensuring that they can make informed decisions regarding the welfare of their children.
It's also important to note that sometimes, other relatives, such as grandparents, may need to access these orders, especially if they are involved in the child's care. However, they typically require permission from the court or the primary parties involved.
Authorised agencies and professionals
It's possible that in some situations, agencies involved in child protection may be granted access to court orders to ensure the safety and well-being of the children.
And in certain cases, doctors, therapists, or counsellors involved in the care of the parties or children may need access to court orders to provide appropriate treatment and support.
Restricted access
Generally, members of the public cannot access family court orders. The court prioritises the privacy of the individuals involved and protects sensitive information from public scrutiny, and that includes from being published by media outlets or on social media.
In some cases, individuals or entities not directly involved in the case may seek access to court orders. This requires a formal application to the court, explaining the reasons for the request. The court then decides whether to grant access based on the merits of the application and the need for confidentiality.
If you're unsure whether you can access a particular order, consulting with our family lawyers in Sydney can provide clarity and guidance.
Practical steps to obtain a family court order
Getting a copy of your family court order might seem a little overwhelming, but once you know where to start, the process itself is quite manageable.
If you are someone who should be able to access a court order, here's how to do so:
1. Register for the Commonwealth Courts Portal
To access your Family Court orders, you'll need to register for the Commonwealth Courts Portal (the Portal). The Portal provides secure web-based access to your court file and documents, including divorce and court orders.
If you are not registered:
- Visit the Commonwealth Courts Portal: Go to the Portal's website and follow the registration instructions.
- Complete the registration form: Provide all requested information, including your case number or file number, if known.
- Receive login details: You will receive an auto-generated email with your username and temporary password. Follow the instructions to create a new password and accept the terms and conditions.
2. Access your file
Once registered, log in to your Portal account to access your court file and documents.
If you are registered but cannot access your file:
- Submit an enquiry form: Complete the enquiry
form on the Portal, selecting the relevant options:
- "I am making an enquiry about myself"
- "Commonwealth Courts Portal support and registration"
- Choose either "I need to register for the Commonwealth Courts Portal" or "I am registered for the Commonwealth Courts Portal but can't see my file"
- Provide necessary information: Ensure all required details are included, including file numbers and your relevant court date information. Also, provide your telephone number for any necessary follow-up.
3. Viewing and downloading orders
Once you have been registered and there is confirmation of the relevant family law files, these files will be linked to your account and you will be notified via email. In this email, you will be advised of how to navigate the portal, download and print your files and orders.
Note: Orders prior to July 1, 2017, might not be available on the Portal. If the orders are not accessible, you can request to view the file at the registry by submitting a Request for file inspection form.
4. Applying for sealed court orders and applicable fees
If you need a copy of sealed court orders or court orders for a family law matters that are not available on the Commonwealth Courts Portal, the below steps are based on whether you are a relevant party to the proceedings:
If you are a party to the proceedings:
Complete the Application for sealed copy of orders Form
Include the full names of all parties involved.
For lawyers acting on behalf of clients
Submit the application form with a covering letter on your firm's letterhead confirming your representation.
For non-parties
Request permission from a registrar by submitting a detailed written request, explaining your interest and providing necessary information about the parties.
It's important to note that accessing files on the Commonwealth Courts Portal is free, however, if you were not a party to the proceedings or applying for sealed court orders or orders not available on the portal, then you will be required to pay a fee of $30 (as of July 2024).
5. Receive your order
Once your request is processed, you will be able to download and print your orders directly from the Portal or be sent the files in the mail. Ensure you keep this document safe, as it is legally binding and crucial for enforcing the terms agreed upon or decided by the court.
Why should you see family law lawyers?
Navigating the complexities of family law can be challenging and emotionally taxing. Whether you're dealing with separation, divorce, or disputes over parenting arrangements, having experienced family law lawyers by your side can make a significant difference.
The guidance of family lawyers means that you can have personalised support and advocacy throughout your entire family law matter.
If this process seems overwhelming or you encounter any family law issues, don't hesitate to reach out to our family lawyers Sydney. At Unified Lawyers, we're dedicated to guiding you through your family law matter to help you achieve the best possible outcome for your situation. Don't navigate this journey alone – let us support you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.