How Parenting Orders Work in Australia
Parents commonly search for parenting orders Australia, child custody orders Sydney, parenting orders lawyer Sydney, and family court parenting orders when separation becomes difficult.
Parenting orders are formal legal orders that set out the arrangements for children after separation. They can deal with where a child lives, who the child spends time with, who the child communicates with, and who makes important long-term decisions about the child’s life. The court can also make parenting orders for grandparents and other significant people, not only parents.
What Parenting Orders can Include
Parenting orders can be very broad or very detailed depending on the level of conflict and the family’s needs. Orders may deal with:
- Who the child lives with
- The days and times the child spends with each parent
- Holiday and special occasion arrangements
- Telephone, facetime and other communication
- School pick-up and drop-off arrangements
- Interstate and international travel
- Passport arrangements
- Responsibility for education, health and religion
- Supervised time, changeover arrangements or conditions for communication
In practical terms, good parenting orders should do more than state broad principles. They should reduce conflict by providing a clear, workable structure for day-to-day parenting.
How Parenting Orders are Made
Parenting orders can be made in two main ways.
The first is by agreement. If parents negotiate a resolution, they can formalise that agreement by applying for consent orders. This gives the arrangement legal force without the need for a contested hearing. Australian Government family law guidance recognises that many separated parents reach arrangements by agreement, whether informally, through a parenting plan, or by formalising terms through court orders.
The second is through court proceedings. If parents cannot agree, the Federal Circuit and Family Court of Australia can determine the arrangements. In doing so, the court focuses on what orders are in the child’s best interests. Current government guidance confirms that the court will simply look at what is right for the child in the particular circumstances; there is no longer a presumption that the court will order equal shared decision-making.
What the Court Considers
Parenting orders can be very broad or very detailed depending on the level of conflict and the family’s needs. Orders may deal with:
- Who the child lives with
- The days and times the child spends with each parent
- Holiday and special occasion arrangements
- Telephone, facetime and other communication
- School pick-up and drop-off arrangements
- Interstate and international travel
- Passport arrangements
- Responsibility for education, health and religion
- Supervised time, changeover arrangements or conditions for communication
In practical terms, good parenting orders should do more than state broad principles. They should reduce conflict by providing a clear, workable structure for day-to-day parenting.
Are parenting orders enforceable?
Yes. Parenting orders are legally binding. If one parent does not comply, the other parent may be able to bring a contravention application. The consequences depend on the seriousness of the breach and the reason for it. The court can also vary orders, require make-up time, or impose other remedies.
This is one of the main reasons formal orders are often preferable to vague informal arrangements in high-conflict matters. They create clarity, certainty and enforceability.
Can parenting orders be changed?
Yes, but not simply because one parent changes their mind. If final orders are already in place, a parent usually needs a sufficient change in circumstances before the court will revisit them. That is why it is important to draft parenting orders carefully from the outset.
Common reasons to revisit parenting orders include:
- a child starting or changing school
- one parent relocating
- a material change in the child’s needs
- new family violence or risk concerns
- repeated non-compliance with the orders
- a breakdown in the practical operation of the arrangement