# Can I send my own subpoena to a government agency for my child custody case?

- Jurisdiction: Australia
- Practice area: Family Law
- Published: 2026-11-05
- Last updated: 2026-11-05
- Canonical: https://lawasked.com/au/family-law/can-i-send-my-own-subpoena-government-agency

## Question

I am currently going through a messy separation in Victoria and have been in the family court system for about six months now. Since January, my ex-partner and I have been fighting over the parenting arrangements for our seven-year-old daughter. Last month, the judge actually made a specific order under a different part of the rules that forced the Department of Families, Fairness and Housing to share certain records with us to help settle the matter. However, I feel like there is still a huge gap in the information regarding my ex's previous welfare checks from three years ago. I spent all of yesterday afternoon trying to call the agency to ask for these extra files directly, but they told me they can't release anything else because of the existing court order already in place. I was planning to go to the registry this Friday to formally request a subpoena so I can force them to hand over those specific old files to prove my point about his history. I am just confused because I thought I had the right to ask for any evidence I needed to protect my child. Am I allowed to just issue my own subpoena to that same agency for more info, or does the fact that there is already an order in place mean I have to ask the judge for permission first?

## Summary

No, you cannot simply issue your own subpoena to the Department of Families, Fairness and Housing (DFFH) in this situation. Because a court order already exists regarding information sharing with that agency, you must first get the court's permission before requesting a subpoena for more information.

## Analysis

In your child custody case, you are facing a specific restriction under the Family Law Act 1975. Because a judge has already made an order under section 67ZBE requiring the Department of Families, Fairness and Housing to share certain records with you, you are subject to a rule regarding further requests. 

Under the law, "a party to those proceedings must not, without the court’s permission, request the issue of a subpoena requiring that agency to provide documents or information in relation to those proceedings" [1]. This means that since an order for information sharing is already active, you are legally barred from trying to force the agency to hand over those extra welfare check files via a subpoena unless you first ask the judge for permission to do so [1].

The law is designed to manage how sensitive information is gathered once a court has already stepped in to regulate that information flow. While you feel you have a right to evidence to protect your daughter, the process for getting more information from an information sharing agency is strictly controlled once an initial order is made. 

It is important to note that even if you get permission, the agency may still withhold certain details. They are allowed to protect "protected material," which includes things like the identity of people who spoke to them in confidence or information that could put someone's life at risk [2].

State, provincial, or local laws may add further rules regarding privacy or government agency procedures, so you should check Victorian-specific regulations.

## Statutory citations

- Family Law Act 1975, Section 67ZBK - Subpoena in respect of certain documents or information [in force] (https://www.legislation.gov.au/C2004A00275/latest/text)
  > If an order has been made under section 67ZBE... a party to those proceedings must not, without the court’s permission, request the issue of a subpoena requiring that agency to provide documents or information in relation to those proceedings.
- Family Law Act 1975, Section 67ZBF - Disclosure of protected material [in force] (https://www.legislation.gov.au/C2004A00275/latest/text)
  > Protected material is information: (a) that is the subject of legal professional privilege; or (b) that discloses, or would enable a person to ascertain, the identity of a person who communicated information to the agency in confidence...

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