A Complete Guide to Parenting Orders in Australia

Parenting order, whether agreed upon or decided by the court, cover various aspects of the child’s overall care, welfare, and development.

These orders can be established through two main methods: by an application for consent orders or a court ruling.

1. Consent Order Application: This method involves both parties agreeing on the terms of the parenting arrangements. They jointly apply to the court for these agreements to be formalised into consent orders. This process is typically faster and less adversarial.
2. Court Decision: When parties cannot agree on parenting arrangements, they may present their case to a family law court. After considering the evidence, the court makes a decision and issues a parenting order. This process can be lengthier and more contentious.

How to Apply

Applying for the court’s decision to make parenting orders in Australia involves a structured and detailed legal process. Here is a step-by-step guide to navigate this process:

1. Family Dispute Resolution (FDR): Before applying to court, parties must attempt family dispute resolution, except in cases of urgency or family violence. FDR aims to help parties reach an agreement outside of court.
2. Filing an Initiating Application: If FDR is unsuccessful or isn’t suitable, either party can file an application with the Federal Circuit and Family Court, including necessary forms and an affidavit detailing the parenting situation and why the proposed orders benefit the child.
3. Response from the Other Party: The other party has the opportunity to file a response, outlining their position and any different orders they seek.
4. Interim Orders: If immediate decisions are needed on certain issues while waiting for the final hearing, either party can apply for interim orders.
5. Pre-trial Procedures: This may involve attending a case assessment conference, directions hearings, and a conciliation conference to try and resolve issues before the final hearing.
6. Compulsory Family Dispute Resolution Conference: Before the final hearing, parties are often required to participate in a further dispute resolution conference to attempt to settle matters without a court decision.
7. Final Hearing: If the matter is still unresolved, the case moves to a final hearing. Here, both parties present evidence and arguments, including witness testimonies and expert reports for the judge’s decision.
8. Court Decision: After considering all evidence and submissions, the court will make a decision and issue final parenting orders. The paramount consideration is the best interests of the child or children involved.
9. Compliance: Once parenting orders are made, both parties are legally bound to comply with the terms set out in the orders. Non-compliance can result in legal consequences, including fines, imprisonment, or changes to the custody arrangements​​​​.
10. Modifications: If circumstances change significantly, you may apply to the court to vary the orders. However, this typically requires demonstrating that the change is in the child’s best interests​​.
11. Throughout this process, it’s crucial to seek legal advice from an experienced child custody lawyer to understand your rights, responsibilities, and the implications of the parenting orders sought. A lawyer can guide you through the process, help draft necessary documents, and ensure your application aligns with legal standards​​.

Emergency Parenting Order

An emergency order addresses immediate risks or breaches of existing orders, facilitating a quick court response.

Reasons for pursuing an emergency order can include risk of harm, abduction concerns, or unauthorised relocations.

The process aims for rapid court response, possibly dispensing with mediation in time-sensitive situations. 

Also read: Sole Parental Responsibility in Australia

 

How Long Does a Parenting Order Last?

A parenting order in Australia typically lasts until the child turns 18. However, the specifics can vary based on the court’s decision and the individual circumstances of the case.

The order outlines responsibilities regarding the child’s living arrangements, parental contact, and decision-making until it expires or is replaced by a new order.

 

Parenting Order Examples

Examples of parenting orders in Australia may include stipulations about:

• Who will the child live with, and what time will the child spend with each parent?
• The manner and frequency of communication between the child and a parent they don’t reside with.
• Allocation of parental responsibilities and decision-making rights regarding the child’s welfare, education, and health.
• Specific terms addressing the child’s routine, travel arrangements, and procedures for altering the order or resolving disputes.
• Guidelines for the child’s education, such as which school they should attend.
• Arrangements for medical and dental care, including how parents will make decisions about treatments.
• Provisions for the child’s religious and cultural upbringing.
• Requirements for the child’s extracurricular activities, including who will bear the costs and responsibilities for transportation and attendance.
• Conditions under which the order can be reviewed or modified, especially in response to significant changes in the child’s or parents’ circumstances.

These samples demonstrate the breadth of considerations a parenting order may cover, focusing on structuring a supportive environment for the child’s development and upholding their best interests.

What Parenting Orders Can and Cannot Do

Parenting orders offer a structured framework for separated parents to share responsibilities and care for their children.

However, there are clear limits to what these orders can legally direct. Understanding the scope and boundaries of parenting orders helps avoid disputes and promotes realistic expectations.

What Parenting Orders Can Do:
Parenting orders can cover who a child lives with, how much time they spend with each parent, and how parents share decision-making for long-term issues such as health, education, and religious upbringing.

They may also detail how and when communication with the other parent or extended family should occur and provide rules for overseas travel, relocation, or participation in activities.

What Parenting Orders Cannot Do:
Parenting orders cannot dictate personal conduct outside parenting duties unless it directly affects the child’s welfare.

For instance, they cannot require a parent to change partners, adjust living arrangements unrelated to the child, or enforce moral standards.

They also cannot compel a parent to behave kindly or attend events unless such terms relate directly to the child’s care or emotional safety.

While parenting orders can provide clarity and reduce conflict, they must respect individual autonomy and are not a tool for micromanaging daily life. Understanding these limits can help parents focus on cooperative solutions rather than relying solely on the court for conflict resolution.

Keeping Focus on the Child’s Long-Term Wellbeing

Parenting orders are more than just procedural tools.

They are frameworks for stability during a child’s most formative years. While the legal process can feel structured and, at times, rigid, the intent is to centre decisions around the child’s safety, routine, and emotional needs.

By working within the structure of a parenting order and remaining open to change where needed, parents can support their child’s long-term wellbeing and adapt to evolving family circumstances.

Need Expert Guidance on Parenting Orders?

Unsure how a parenting order might apply to your situation? At Justice Family Lawyers, we offer dedicated legal guidance to help you understand your options and responsibilities.

Whether you are considering a consent order, need urgent intervention, or are preparing for a court hearing, our team is here to provide clear support at every stage.

We work with your family’s unique circumstances to help you move forward confidently and securely. Contact us today to speak with one of our experienced family lawyers.