When parents separate, the most important question is usually how the children will be cared for. Most parents work this out between themselves, sometimes with help. Where that is not possible, the court can make parenting orders. We help you understand where you stand and work towards arrangements that are safe, workable and right for your children.

The children’s best interests come first

Under the Family Law Act 1975 (Cth), the best interests of the child are the paramount consideration in any parenting decision. When deciding what is in a child’s best interests, the court considers matters such as:

• the safety of the child and of each person who cares for them, including any history of family violence;
• the child’s views, depending on their age and maturity;
• the child’s developmental, psychological, emotional and cultural needs;
• each parent’s capacity to provide for those needs; and
• the benefit to the child of maintaining relationships with both parents and other significant people, where it is safe to do so.

Since May 2024 there has been no presumption of “equal shared parental responsibility”, and the law does not start from an assumption that children should spend equal time with each parent. Every arrangement is assessed on what is best for the particular child.

Your options for reaching an arrangement

An informal agreement or parenting plan

A parenting plan is a written agreement, signed and dated by both parents, setting out arrangements such as where the children live, the time they spend with each parent, schooling and holidays. It is flexible, but it is not legally enforceable.

Consent orders

If you agree, you can ask the court to make your agreement into consent orders. These are legally binding and enforceable, and in most cases you do not need to attend court.

Family dispute resolution

Before applying to the court for parenting orders, parents generally must attempt family dispute resolution (mediation) and obtain a certificate from an accredited practitioner. There are exceptions, including where there has been family violence or child abuse, or where the matter is urgent.

Court proceedings

If agreement is not possible, either parent can apply to the Federal Circuit and Family Court of Australia. The court may order a family report, and in some cases appoint an Independent Children’s Lawyer. Interim orders can be made while the case progresses.

Common issues we advise on

• Living arrangements and time with each parent, including school holidays and special occasions
• Decisions about schooling, health and religion
• Relocation, where one parent wants to move with the children
• Concerns about safety, family violence, substance use or mental health
• Changing or enforcing existing parenting orders
• Arrangements involving grandparents and other significant people

Child support is separate

Child support is generally dealt with by Services Australia rather than through parenting orders. We can explain how it interacts with your parenting arrangements and your property settlement.

Common questions

At what age can a child decide where they live?

There is no fixed age. A child’s views are one of the matters the court considers, and the weight given to them generally increases with the child’s age and maturity.

Can I stop the other parent from seeing the children?

Unless there is a court order or a genuine safety concern, both parents generally remain entitled to make arrangements for the children. If you are worried about your children’s safety, get advice quickly.

Do we need a lawyer to make a parenting plan?

No, but advice before signing helps you understand whether the arrangements are workable and whether consent orders would be more appropriate.

Related services

• Separation & Divorce
• Property Settlement
• Spousal Maintenance
• Domestic & Family Violence
• Consent Orders
• Financial Agreements (BFAs)

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.