Parenting orders set out the arrangements for children after separation. They can be made by agreement or through the court. Understanding how the process works helps you plan and protect your children's interests.
Parenting orders are orders made under the Family Law Act 1975 that set out arrangements for children after their parents separate. They can cover who the child lives with, who they spend time with, how decisions about their health, education, and welfare are made, and any other aspect of their care. Orders can be made by consent or by the court after a hearing.
Australian family law starts from the principle that children benefit from a meaningful relationship with both parents, provided it is safe to have that relationship. The law requires courts to consider the best interests of the child as the paramount consideration. This includes the benefit to the child of having both parents involved in their life, and the need to protect the child from harm.
Before applying to the court for parenting orders, most parties are required to attend family dispute resolution (mediation) and make a genuine effort to reach an agreement. There are exceptions to this requirement, including where there is family violence or child abuse, or where the matter is urgent. If mediation fails, a certificate is issued that allows you to proceed to court.
If parents reach an agreement, it can be formalised through consent orders filed with the Federal Circuit and Family Court of Australia. Consent orders have the same legal force as orders made after a hearing. Formalising the arrangement is important because an informal agreement is not enforceable if one party later fails to comply.
If the matter goes to a hearing, the court will consider the views of the child (where appropriate given the child's age and maturity), each parent's ability to meet the child's needs, the existing relationship between the child and each parent, and any risk of harm. In complex or contested matters, an independent children's lawyer may be appointed to represent the child's interests directly.