HOW TO APPLY FOR A PARENTING ORDER IN AUSTRALIA
When a relationship ends, and children are involved, decisions about where they live, who they spend time with, and who makes decisions for them don’t stop mattering. They become more important.
Parenting orders in Australia are legally binding arrangements that set out how separated parents will care for their children. Whether you and your former partner are working towards an agreement or heading to court, understanding the process is the first step.
This page explains what parenting orders are, how Australian courts approach parenting disputes in 2026, and what you need to know about applying, whether you’re in Sydney, Melbourne, Brisbane, Gold Coast, or anywhere across Australia.
WHAT ARE PARENTING ORDERS?
Parenting orders are formal orders made by the Federal Circuit and Family Court of Australia. They set out the arrangements for a child, including:
- Who does the child live with?
- How much time does the child spend with each parent?
- How does the child communicate with each parent?
- Who is responsible for major long-term decisions about the child’s education, health, and religion?
Orders can be made by consent (where both parties agree) or after a contested hearing (where the court decides). Either way, once issued, parenting orders are legally enforceable. Breaching them carries serious consequences, including fines and, in severe cases, imprisonment.
PARENTING ORDERS VS PARENTING PLANS: WHAT’S THE DIFFERENCE?
Many parents confuse parenting orders with parenting plans. They are different in one critical way: enforceability.
A parenting plan is an informal, written agreement between parents about arrangements for the children. It is flexible and can be updated easily as circumstances change. But it is not a court order. If one parent doesn’t follow it, the other has no legal mechanism to enforce it.
A parenting order, by contrast, is filed with the court and issued as a formal order. It is legally binding on both parents. If one parent fails to comply, the other can apply to the court to enforce the order or seek a variation.
What is right for your family depends on your circumstances. Where parents have a cooperative relationship and consistent communication, a parenting plan can work well. Where trust has broken down or there is a history of non-compliance, parenting orders give the structure and legal weight that a parenting plan cannot.
What the Law Says in 2026: Key Changes to Parenting Arrangements in Australia
The Family Law Amendment Act 2023, which came into effect on 6 May 2024, introduced the most significant reforms to parenting law in Australia in nearly two decades. If you had arrangements in place before those changes, or if you’re navigating a parenting dispute now, this matters to you.
The presumption of equal shared parental responsibility has been removed. Previously, the law started from the assumption that both parents should share decision-making equally. That presumption no longer exists. Courts now decide parental responsibility on the specific facts of each case, without any starting presumption.
This doesn’t mean equal arrangements are disfavoured. It means the court approaches each matter fresh, guided only by what is in the best interests of the child.
The Family Law Amendment Act 2024 further strengthened protections for children in cases involving family violence, expanding the definition of family violence and directing courts to give priority to a child’s safety where safety and the benefit of a meaningful parental relationship come into conflict.
How Courts Decide Parenting Arrangements: Best Interests of the Child
In every parenting matter, the court’s paramount consideration is the best interests of the child. This is the central principle of Australian family law, and it governs every decision a court makes about parenting arrangements.
HOW COURTS DECIDE PARENTING ARRANGEMENTS - READ MORE
Under the current law, the factors courts consider include:
- The child’s safety, including any history of family violence or the existence of family violence orders
- The child’s views, taking into account their age and maturity
- The child’s developmental, psychological and emotional needs
- The benefit of the child having a relationship with both parents, and with grandparents and other significant people in their life
- The capacity of each parent to provide for the child’s needs
- Any other relevant circumstances
Where safety concerns conflict with the benefit of maintaining a parental relationship, safety prevails. This is a deliberate shift in the legislation designed to better protect children and the parents who care for them.
A Common Scenario
A mother in Brisbane separates from her partner after a long relationship. There are two young children. She wants the children to live primarily with her, with the father having regular time. The father wants equal time. Neither has made any formal applications. Both want to avoid going to court.
In this situation, the starting point is family dispute resolution. If an agreement is reached, they can formalise it through consent orders. If not, either party can apply to the court, which will then determine what arrangement best serves the children’s interests. The court is not required to start from equal time or equal shared parental responsibility. It will look at the children, the parents, and the particular facts.
How to Apply for Parenting Orders in Australia
The parenting orders process in Australia follows several steps. Here is what to expect.
HOW TO APPLY FOR PARENTING ORDERS IN AUSTRALIA - READ MORE
Step 1: Attempt family dispute resolution
Before applying to the court for parenting orders, most parties are required to attend family dispute resolution (FDR) with an accredited practitioner. The purpose is to give parents an opportunity to reach an agreement without court intervention.
If FDR is successful, parents can formalise the agreement through consent orders filed with the court. If it breaks down, or if it’s not possible to proceed, the FDR practitioner issues a certificate (known as a section 60I certificate) which allows the parties to apply to the court.
Exemptions to FDR apply in cases involving family violence, child abuse, or other urgent circumstances.
Step 2: File an application with the Federal Circuit and Family Court of Australia
If agreement cannot be reached, either party can file an Initiating Application with the Federal Circuit and Family Court of Australia. This application sets out the orders you are seeking in relation to the children.
You will also need to file an affidavit setting out the relevant facts that support your application, and any other required documents.
Step 3: Attend court events
Parenting proceedings typically go through several stages: an initial hearing, interim hearing (if needed), and a final hearing where the court determines the arrangements. Throughout this process, the court may appoint an Independent Children’s Lawyer (ICL) to represent the child’s interests.
Many matters are settled before a final hearing. Experienced parenting lawyers play a key role in negotiating outcomes that avoid the time, cost, and stress of a contested trial.
Grandparents’ Rights in Australia
Separation affects more than just parents. Grandparents are often caught in the middle, and in high conflict matters, contact with grandchildren can be cut off entirely, with no fault on the grandparents’ part.
GRANDPARENTS’ RIGHTS IN AUSTRALIA - READ MORE
The Family Law Act 1975 recognises the importance of the relationship between children and their grandparents. Section 60B specifically includes the right of children to spend regular time with and communicate with grandparents, where this is in the child’s best interests.
Grandparents can make an application to the court for parenting orders in their own right. These applications are assessed on the same principle: the best interests of the child.
CHILD SUPPORT: A SEPARATE PROCESS
Child support is distinct from parenting orders. It is assessed administratively by Services Australia (formerly the Child Support Agency) under the Child Support (Assessment) Act 1989.
Either a parent or a non-parent carer can apply for an assessment. The amount is calculated based on the actual costs of raising the children, the income of both parents, and the proportion of time each parent spends caring for the child.
Child support is assessed annually and paid monthly. It generally ends when the child turns 18. Applications can be made online through myGov or directly through Services Australia.
RELOCATING WITH CHILDREN AFTER SEPARATION
If you want to move and take your children with you, interstate or overseas, you need the consent of the other parent, or a court order permitting the relocation.
Relocation disputes are among the most contested areas of family law. The court weighs the reasons for the proposed move against the impact on the child’s relationship with the other parent. There is no automatic right to relocate. The decision comes back to the same question: what is in the child’s best interests?
FREQUENTLY ASKED QUESTIONS ABOUT PARENTING ORDERS IN AUSTRALIA
HOW LONG DOES IT TAKE TO GET PARENTING ORDERS?
It depends on whether orders are made by consent or after a contested hearing. Consent orders can be processed in a matter of weeks. Contested proceedings can take a year or more to reach a final hearing, depending on the court’s workload and the complexity of the matter.
CAN PARENTING ORDERS BE CHANGED?
Yes. Either party can apply to the court to vary parenting orders if there has been a significant change in circumstances since the orders were made. Courts are generally reluctant to reopen final orders without good reason, but they will do so where the child’s needs have changed materially. If you are seeking to vary parenting orders, it is recommneded that you obtain legal advice as to the prospects of success, as the threshold to vary any final orders can be high.
DOES THE COURT STILL ORDER EQUAL SHARED PARENTAL RESPONSIBILITY?
Courts can still make orders for equal shared parental responsibility, but since the 2024 reforms removed the presumption, there is no automatic starting point. The court decides based on what the evidence shows is in the best interests of the specific child.
WHAT HAPPENS IF THE OTHER PARENT BREACHES A PARENTING ORDER?
You can apply to the court to enforce the order. The court takes breaches seriously. Depending on the circumstances and the severity of the breach, the court has broad powers, including requiring the breaching party to attend a post-separation parenting program, imposing a fine, or varying the orders.
DO I NEED A LAWYER TO APPLY FOR PARENTING ORDERS?
You are not legally required to have a lawyer, but parenting disputes involve complex law and often high emotion. An experienced parenting lawyer in Melbourne, Sydney, Brisbane, or Gold Coast can help you understand your position, negotiate a workable agreement, and represent you in court if needed. The decisions made in parenting proceedings affect your children for years. Getting proper advice matters.
SPEAK TO A PARENTING LAWYER AT RAMSDEN FAMILY LAW
Parenting disputes are hard. The legal process doesn’t have to make them harder.
At Ramsden Family Law, we work exclusively in family law. Our team of accredited family law specialists advises separated parents across Australia on parenting orders, parenting plans, disputes, and everything in between. We operate in Sydney, Melbourne, Brisbane, and the Gold Coast, with nationwide support available.
Whether you’re just starting to think about formalising arrangements, dealing with a difficult co-parenting situation, or facing court proceedings, we can help you understand your options and what to expect.
Contact our team today to arrange a confidential consultation.
