---
title: "Checklist: family law orders while a child is under a care order (Family Law Act s 69ZK)"
url: "https://ailawframework.com/precedents/child-protection-and-care-proceedings/family-law-and-care-orders-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a52-family-law-and-care-orders-checklist"
area_id: "A52"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A52-E20261018-6"]
law_stated_as_at: "2026-10-22"
---

# Checklist: family law orders while a child is under a care order (Family Law Act s 69ZK)

> Checklist for a parenting matter where a child is, or may be, under care under a child welfare law: the limits in section 69ZK and what must be on the file before a family law order is sought.

Canonical page: https://ailawframework.com/precedents/child-protection-and-care-proceedings/family-law-and-care-orders-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Child Protection & Care Proceedings](https://ailawframework.com/precedents/child-protection-and-care-proceedings.md)
- Jurisdictions: Australia, Commonwealth, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia, Commonwealth and New South Wales.

## When to use it

Use at the start of a family law matter, and again before filing or consenting to parenting orders, if a child welfare authority is or may be involved.

## Used for these tasks

- [Check for family law proceedings and orders and plan around the care orders](https://ailawframework.com/practice/child-protection-and-care-proceedings/check-for-family-law-proceedings-and-orders-and-plan-around-the-care-ord.md)

## How AI may be used

AI may list family law orders and care orders from the documents on the file. The lawyer decides whether s 69ZK applies and whether consent is required.

**AI may:**

- Build a table of existing parenting orders and care orders with dates and who holds parental responsibility
- Flag a proposed order that would take effect while a care order is still in force
- List whether a written consent from a child welfare officer is on the file

**AI must not:**

- Must not state that the Family Court or the Federal Circuit and Family Court can make the order
- Must not draft the consent or the order
- Must not describe Division 7 or the definition of child welfare law, which were not opened

**The lawyer checks:**

- Whether the child is under the care of a person under a child welfare law, using the definition in the Act, which is opened
- Any proposed order either takes effect when that care ends, or the written consent of a child welfare officer of the State or Territory was obtained for the institution or continuation of the proceedings
- The care order is not treated as overtaken by a family law order. Section 69ZK(2) preserves the child welfare jurisdiction, the care order and the child welfare law
- If a child welfare authority proposes to act, an adjournment under subsection (3) is considered

## Authorities

- [Family Law Act 1975 (Cth) s 69ZK (no order under the Act, other than under Division 7, for a child under care under a child welfare law, unless the order starts when that care ends or a child welfare officer has consented in writing; child welfare jurisdiction preserved)](https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s69zk.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/child-protection-and-care-proceedings/family-law-and-care-orders-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*