Going to court for a guardianship application

At your case conference

A case conference is conducted by a Family Courts judge and is closed to the public. Only those directly involved in the matter can attend.

You do not have to attend the case conference yourself if you have a lawyer. Similarly, if the other party has a lawyer, their lawyer will attend the case conference.

If you are representing yourself, on the day of your case conference, you should:

• Arrive early and find your way to the venue.
  • Refer to the building directory for more information.
• Confirm your case is heard in the venue you are about to enter. Inform the court officer before entering.
• Dress neatly and decently when attending court.
  • Refer to the visitors' guide for the dress code.
• Speak and conduct yourself in a courteous manner.

What to expect in a case conference

At the case conference, the court will:

• Clarify the parties' positions on the matter.
• Give directions for parties to file further documents.
  • This is necessary so that the court has a better understanding of the facts of the case.

The court may also direct parties to attend mediation and counselling at the Family Dispute Resolution (FDR) Division.

Once all the necessary documents have been filed and the court is satisfied the matter is ready for a hearing, the court will schedule a date for the hearing.

At your application hearing

If both parties reach an agreement on the matter at the hearing, the court will record a consent order if it is satisfied that the order the parties are seeking is in the best interests of the child.

If both parties cannot reach an agreement at the hearing, the court may proceed to make an order based on the affidavits that have been filed in court, and after hearing submissions from the parties or their lawyers (if any).

Once the court has granted the order, parties can extract the court order (Form 114, Family Justice Courts Practice Directions 2024 (DOCX, 53 KB)) via eLitigation at the LawNet & CrimsonLogic Service Bureau.

If a party is not satisfied: appeal

If a party is not satisfied with an order, they may appeal to the Family Division of the High Court by filing a Notice of Appeal (Form 136, Family Justice Courts Practice Directions 2024 (DOCX, 46 KB).

They will need to file and serve the notice within 14 days after the date the order was made.

Find out about the appeal process.