When parents separate, one of the biggest concerns is how future decisions about their children will be made. While many families are able to reach agreements themselves, others need formal arrangements that provide certainty and legal protection. This often leads to the question: how do parenting orders work in Australia?

Parenting orders are legally enforceable court orders that set out how important aspects of a child’s care will be managed after separation. They can be made by agreement between parents or determined by the Federal Circuit and Family Court of Australia when an agreement cannot be reached.

Knowing how parenting orders work can help you understand your rights, your responsibilities and the legal options available to protect your child’s wellbeing.

Quick Overview: Parenting Orders Explained

Parenting orders are legally binding orders that outline how a child’s care and arrangements will be managed after separation.

They can cover:

• Where a child lives
• How much time the child spends with each parent
• Communication arrangements
• Major decisions about the child’s upbringing
• Other practical parenting matters

The court only makes parenting orders that it considers to be in the child’s best interests.

What Is a Parenting Order?

A parenting order is a legally enforceable order made under the Family Law Act that outlines arrangements for children after separation.

Unlike an informal parenting plan, parenting orders create legal obligations that both parents are expected to follow.

Orders may be made:

• By consent, where both parents agree
• After mediation
• Following court proceedings where parents cannot reach agreement

Once made, parenting orders remain in effect until they are varied, discharged or replaced by another court order.

What Can Parenting Orders Include?

Parenting orders can deal with many aspects of a child’s care and upbringing.

Where the Child Lives

The order may specify:

• That the child lives primarily with one parent
• That the child lives with each parent at different times
• Other living arrangements suitable for the family

The arrangement depends on the child’s individual circumstances rather than any standard formula.

Time With Each Parent

Parenting orders often set out detailed arrangements for time spent with each parent.

These may include:

• Weekday and weekend schedules
• School holiday arrangements
• Birthdays and special occasions
• Religious or cultural celebrations

Clear arrangements help reduce uncertainty and minimise future conflict.

Communication

Orders can also address how a child communicates with a parent when they are apart.

Examples include:

• Telephone calls
• Video calls
• Text messaging where age appropriate

The goal is to support healthy and consistent relationships.

Major Long-Term Decisions

Parenting orders may specify how major decisions will be made regarding:

• Education
• Medical treatment
• Religion
• Cultural upbringing

These decisions are separate from everyday parenting choices.

How Are Parenting Orders Made?

There are several pathways to obtaining parenting orders.

By Agreement

Where parents reach agreement, they can apply for Consent Orders.

Consent Orders:

• Reflect the agreement reached
• Become legally enforceable once approved by the court
• Usually avoid the need for contested court proceedings

This option often provides certainty while reducing stress and legal costs.

Through Court Proceedings

If agreement cannot be reached, either parent may apply to the Federal Circuit and Family Court of Australia.

The court considers:

• Evidence from both parents
• Family reports
• Independent expert recommendations where appropriate
• The child’s individual circumstances

After considering all relevant information, the court determines the parenting orders that best serve the child’s interests.

The Best Interests of the Child

Every parenting decision begins with one guiding principle: the child’s best interests.

Rather than applying fixed rules, the court carefully examines each family’s circumstances.

Factors commonly considered include:

• The child’s safety and wellbeing
• The benefit of maintaining meaningful relationships with parents where appropriate
• Each parent’s ability to meet the child’s needs
• The child’s emotional, developmental and educational requirements
• Any family violence or abuse concerns

The court focuses on achieving arrangements that promote the child’s long-term welfare.

Is Equal Time Automatically Ordered?

No.

A common misconception is that parenting orders automatically provide equal time with both parents.

 

In reality, there is no automatic entitlement to equal time. Instead, it considers the child’s individual circumstances and determines the parenting arrangement that best serves the child’s best interests.

Factors such as school commitments, travel distance, work schedules and the child’s individual needs all influence whether equal time is appropriate.

Each parenting arrangement is tailored to the family’s circumstances rather than based on a standard formula.

What Happens If Parenting Orders Are Breached?

Because parenting orders are legally binding, parents are expected to comply with them.

Examples of breaches include:

• Failing to return a child on time
• Refusing scheduled contact without reasonable excuse
• Repeatedly ignoring communication arrangements
• Making major decisions contrary to the orders

 

Where breaches occur, the court may consider a range of remedies depending on the circumstances, including:

• Varying existing orders
• Requiring participation in parenting programs
• Making other orders or taking other action it considers appropriate

 

The outcome will depend on the nature of the breach and the individual circumstances of the case.

Can Parenting Orders Be Changed?

Yes.

Parenting orders can be varied if circumstances change significantly.

Examples include:

• A parent relocating
• Changes to the child’s needs
• Safety concerns
• Significant changes to work or living arrangements
• Ongoing non-compliance with existing orders

If both parents agree, they may apply for new Consent Orders.

If agreement cannot be reached, one parent may apply to the court for a variation.

The court will again consider whether any proposed changes are in the child’s best interests.

Parenting Orders and Parenting Plans: What’s the Difference?

Although the terms are sometimes confused, they have different legal effects.

Parenting Plan

A parenting plan:

• Is a written agreement between parents
• Is not legally enforceable
• Can provide flexibility where parents cooperate well

Parenting Orders

Parenting orders:

• Are legally enforceable
• Can be made by agreement or the court
• Provide greater certainty where disputes exist

Choosing the right option depends on the family’s circumstances and the level of cooperation between parents.

Practical Tips Before Seeking Parenting Orders

Before applying for parenting orders, it is helpful to carefully consider the child’s needs and the practical realities of daily life.

Questions to think about include:

• What routine best supports the child?
• How will school and extracurricular activities be managed?
• How will communication occur between households?
• Are both parents able to cooperate effectively?

Focusing on practical solutions often produces more sustainable parenting arrangements.

The Importance of Family Dispute Resolution

Before starting court proceedings, parents are generally required to attempt Family Dispute Resolution unless an exception applies.

Mediation allows parents to:

• Discuss concerns constructively
• Explore practical parenting options
• Develop workable arrangements
• Reduce conflict where possible

Even when full agreement is not reached, mediation often narrows the issues and assists later court proceedings.

The Bottom Line

Parenting orders provide legally enforceable arrangements that help separated parents understand their rights and responsibilities. Whether made through agreement or by the court, the focus always remains on the child’s best interests rather than either parent’s preferences.

Clear parenting orders can provide stability, reduce uncertainty and establish practical arrangements that support a child’s development after separation. Seeking advice early can help you understand your options and avoid unnecessary disputes.

FAQs

Are parenting orders legally binding?

Yes. Parenting orders are legally enforceable and both parents are expected to comply with them.

Can parenting orders be changed later?

Yes. They may be varied if circumstances change significantly or both parents agree to new arrangements.

Do parenting orders always provide equal time?

No. The court does not automatically order equal time. It decides the parenting arrangements based on the child’s individual circumstances and what is in the child’s best interests.

Do I have to go to court to get parenting orders?

Not always. If parents agree, they can apply for Consent Orders without contested court proceedings.

Speak With Johnsons Law Group About Parenting Orders

Understanding how parenting orders work is an important step towards creating stable arrangements for your child after separation. Whether you are negotiating an agreement, attending mediation or preparing for court, obtaining clear legal guidance early can help you make informed decisions.

At Johnsons Law Group, we work closely with you to develop parenting arrangements that reflect your family’s circumstances while keeping your child’s best interests at the centre of every decision. We provide practical advice, assist with Consent Orders and represent you when court proceedings become necessary.

If you would like advice about parenting orders or any other parenting matter, call us on 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation. We are here to help you move forward with confidence, clarity and a practical plan for your family’s future.