Navigating child custody, more accurately known in Australia as parenting orders, can be one of the most emotionally challenging moments in a family’s life.
Whether you are seeking clarity, fairness, or legal protection, understanding how parenting orders work is essential.
This guide unpacks the legal framework, what courts consider, and how experienced family lawyers can help protect your child’s best interests.
What Are Parenting Orders?
Parenting orders are legally binding decisions made by the Federal Circuit and Family Court of Australia (FCFCOA) under Part VII of the Family Law Act 1975. These orders determine:
- Where a child will live
- The time a child spends with each parent (and other relatives)
- Who makes major long-term decisions.
- Other aspects of a child’s care, welfare, or development, such as schooling or medical treatment.
How Parenting Orders Are Made
If parents are unable to mutually agree, they may apply to the court for a parenting order.
The FCFCOA decides parenting orders based on the best interests of the child, which is the paramount consideration in all child-related decisions under the Family Law Act 1975.
Parents who agree upon parenting arrangements can submit consent orders, which the court then endorses without the need for a hearing. Once consent orders have been sealed, they carry the same legal effect as a judge made order.
Key Considerations in the Best Interests of the Child
The Family Law Act guides courts with detailed factors to determine a child’s best interests.
These include:
- Safety, being what arrangements would promote the safety of the child and each person who has care of the child, from being subjected to, or exposed to, family violence, neglect or other harm.
- Views of the child, when age and maturity allow
- Developmental, psychological, emotional, and cultural needs of the child.
- Capacity of each person to provide for the child’s developmental, psychological, emotional and cultural needs.
- Benefit of being able to have a relationship with the parents and other significant people (e.g., siblings, extended family), provided it’s safe.
- Anything else that is relevant to the circumstances of the child.
- Where a child is of Aboriginal or Torres Strait Islander culture, there are additional considerations which include the child’s right to enjoy their culture and the likely impact of any proposed parenting order on this right.
Recent Legislative Changes
Recent reforms to the Family Law Act emphasise the child’s safety by:
- Removal of the presumption of equal shared parental responsibility, courts now assess each case without default biases.
- A streamlined set of factors for determining the child’s best interests.
- Enhanced measures to protect children from litigation misuse and strengthen information sharing between courts and relevant agencies.
These reforms place the child’s welfare at the center of all parenting decisions.
Why Family Lawyers are Important
At Ramsden Family Law, we offer critical support in:
- Navigating complex legislation and procedural nuances.
- Advocating strategically for arrangements that reflect your child’s best interests.
- Ensuring your voice and your child’s voice are heard in court.
- Reducing emotional pressure by managing communications, hearings, and documentation.
Our expertise ensures parenting matters are handled with empathy, precision, and clarity.
Final Thoughts
Understanding parenting orders is essential for anyone navigating a separation or divorce. The focus has shifted firmly to what serves the child’s best interests, free from old presumptions.
While you can choose to be a self-represented litigant, having skilled family lawyers makes a meaningful difference, helping craft arrangements that promote your child’s best interests, provide clarity, and ease the emotional burden.
Whether you’re preparing for your first court event or facing a final hearing, we’re here to help every step of the way.
Book your free 30-minute consultation and gain clarity, confidence, and support.
Learn more about our family court representation services.
Contact us today to get started.
