Parenting orders matter because they can shape where a child lives, when they spend time with each parent and how important decisions are made after separation.
The quick answer is that parenting orders are court orders about a child’s care, time, communication and parental responsibility. A parent, the child, a grandparent or another person concerned with the child’s care, welfare or development may apply. The Court decides parenting orders according to the child’s best interests.
What parenting orders can cover
Parenting orders are made under the Family Law Act 1975 (Cth). Section 64B says a parenting order may deal with one or more matters about a child, including who the child lives with, time with another person, communication, parental responsibility, dispute-resolution steps and other aspects of the child’s care, welfare or development.
Orders can cover school terms, holidays, birthdays, handover, video calls, travel, passports, medical decisions, schooling, communication and what should happen if parents disagree later.
Parenting orders can be made after a contested case or by consent. Consent orders are often used where people have reached agreement and want the arrangement to be legally binding.
Who can apply
The right to apply is set out in Family Law Act 1975 (Cth) s 65C. A parenting order may be applied for by either or both parents, the child, a grandparent, or any other person concerned with the care, welfare or development of the child.
That means applications are not limited to biological parents. Grandparents, step-parents, relatives and other significant carers may be able to apply where the proposed order concerns the child’s care, welfare or development.
Being allowed to apply is not the same as being entitled to the order sought. The Court still decides whether the proposed order is in the child’s best interests.
The current best-interests test
The child’s best interests are the paramount consideration: Family Law Act 1975 (Cth) s 60CA. The current s 60CC framework replaced the old two-tier structure from 6 May 2024.
The Court considers safety, the child’s views where relevant, developmental and emotional needs, the capacity of each proposed carer, and the benefit to the child of relationships with parents and significant people where safe. Additional matters apply for Aboriginal and Torres Strait Islander children.
The old presumption of equal shared parental responsibility has been removed. Equal time is not automatic. The Court may still make equal-time orders where safe and appropriate, but it is not required to follow the old pathway.
Applying for parenting orders
Before applying, many people need to attempt family dispute resolution and obtain a s 60I certificate, unless an exception applies. Exceptions may include urgency, family violence, risk of abuse, consent applications or other circumstances.
An application should identify the orders sought and the evidence supporting them. The affidavit should focus on the child, the current arrangements, safety issues, practical problems and why the proposed orders are in the child’s best interests.
If there is urgency, such as a child not being returned, threatened relocation, safety concerns or overseas travel risk, get advice quickly.
Changing final parenting orders
Changing final parenting orders is not automatic. The current law includes s 65DAAA, which requires the Court to consider whether there has been a significant change of circumstances and whether reconsidering the final orders is in the child’s best interests, subject to exceptions.
Examples may include serious safety concerns, major changes in a child’s needs, relocation, repeated non-compliance or arrangements that have become unworkable. The evidence must be specific.
If orders no longer work, get advice before simply ignoring them.
Evidence and practical steps
Useful evidence may include school records, medical records, calendars, messages, family violence orders, travel documents, photographs of relevant issues and records showing who manages the child’s day-to-day needs.
Evidence should be child-focused. The Court is usually less assisted by general criticism than by specific facts showing how the child is affected and what arrangement would solve the problem.
A short appointment with a family lawyer can help you decide whether to negotiate, mediate, apply for consent orders or file a court application.
The next step
Parenting orders can provide structure, but they need to be safe, practical and clear. Before applying, agreeing or responding, understand the current law and the evidence needed.