What to Do if You’re Served with Family Court Papers in Victoria

Being served with Family Court papers can feel overwhelming. You might be worried about what it means, how much time you have to respond, and what steps you need to take.

The good news is that you are not alone, and there are clear steps to follow. Understanding the process can reduce anxiety and help you make smart decisions early on.

At Craigieburn Lawyers, our team of family lawyers in Craigieburn regularly assists clients facing Family Court matters. This guide will walk you through what to do if you’re served with Family Court papers in Victoria, step by step.

Step 1: Don’t Ignore the Papers

It can be tempting to put the documents aside and hope the situation resolves itself. Unfortunately, ignoring them won’t make them go away. If you fail to respond within the required timeframe, the Court may proceed without your input.

This could result in parenting or financial orders being made that don’t reflect your side of the story. So, the very first step is to acknowledge the papers and commit to acting quickly.

Step 2: Identify What Type of Application You’ve Been Served

Family Court papers can relate to different issues, including:

• Parenting matters – disputes about where children live, how much time they spend with each parent, or parental responsibility.

• Property or financial matters – dividing assets, debts, or superannuation following a separation.

• Combined applications – some cases deal with both parenting and property at once.

Look carefully at the heading and content of the application. The type of matter will determine the steps you need to take and the documents you must prepare in response.

Step 3: Check the Deadlines

Court documents will specify a timeframe in which you must file your response. This is usually:

• 28 days after being served (if you’re in Australia), or

• 42 days (if you’re overseas).

Meeting deadlines is critical. If you miss them, you risk default orders being made. Even if you feel unprepared, it’s better to file something on time and seek an extension if needed, rather than doing nothing.

Step 4: Read the Orders Being Sought

Carefully read the orders the other party is asking the Court to make. These might be interim (short-term) orders or final orders.

For example:

• In a parenting case, interim orders might ask that the children live with one parent and spend limited time with the other until a final hearing.

• In a property case, interim orders might ask for control of certain bank accounts or the sale of an asset.

Understanding exactly what the other side is requesting will help you (and your lawyer) decide how to respond.

Step 5: Seek Legal Advice Immediately

Even if you feel you understand the documents, it’s important to get legal advice quickly. Family lawyers in Craigieburn can:

• Explain what the application means in plain English.

• Advise whether the orders sought are reasonable or not.

• Help you prepare your response properly and on time.

• Represent you in Court and negotiate with the other side.

Many family lawyers, including our team at Craigieburn Lawyers, offer fixed-fee initial consultations so you can understand your position before making big decisions. Acting quickly with experienced legal guidance can save you time, stress, and potential complications.

Step 6: Prepare Your Response

If you want to oppose or vary the orders being sought, you must file a Response to Initiating Application with the Court. This is a formal document where you set out what orders you agree with, what you oppose, and what alternative orders you propose.

In parenting matters, you may also need to prepare an affidavit (your written evidence) and a Notice of Risk (which alerts the Court to any risks to the children).

In property matters, you’ll usually need to provide a Financial Statement outlining your income, assets, liabilities, and superannuation.

Getting these documents right is essential — incomplete or incorrect responses can delay your case or harm your position.

Step 7: Attend Court

After your response is filed, the Court will list the matter for a first return date (sometimes called a first hearing or mention). This is your opportunity to:

• Have the Court review the application.

• Ask for interim orders if necessary.

• Indicate whether you’re open to mediation or negotiation.

It’s vital that you attend. If you don’t, the Court may make decisions in your absence.

Step 8: Explore Resolution Options

The Court encourages families to resolve disputes without drawn-out litigation wherever possible. You may be directed to attend:

• Mediation or conciliation conferences – where a neutral mediator helps you negotiate.

• Family Dispute Resolution (FDR) – especially in parenting cases, to encourage cooperation.

Settling matters outside of a final hearing can save time, stress, and legal costs.

Step 9: Prepare for the Long Game

While some matters are resolved quickly, others can take many months — sometimes over a year — to reach a final hearing. During this time, the Court may make interim orders to guide parenting arrangements or protect property.

It’s important to remain patient and focus on what’s in the best interests of the children (in parenting matters) or a fair division (in property matters).

FAQs About Being Served with Family Court Papers

What if I agree with everything in the application?

You can file a document indicating your consent. The Court can then make orders “by consent” without the need for a lengthy dispute.

Can I represent myself?

Yes, but it’s not recommended. Family law is complex, and self-represented litigants often struggle with paperwork, deadlines, and Court procedure. Having a family lawyer in Craigieburn ensures your rights are protected.

What if I need more time to respond?

You can request an extension of time, but you should do this before your deadline expires. The Court decides whether to grant extensions.

How We Can Help

At Craigieburn Lawyers, we regularly assist clients in Craigieburn and across Victoria who have been served with Family Court papers. We explain the process clearly, prepare strong responses, and represent your best interests in Court or negotiations.

We’re proud to have a highly experienced family lawyer in Craigieburn — one of Melbourne’s top practitioners — who knows the ins and outs of the Family Court system. With years of experience and a reputation for achieving excellent outcomes, you can feel confident that your case is in capable hands.

 If you’ve just been served, contact Craigieburn Lawyers today for an urgent consultation — acting quickly can make all the difference.