Young children depend on secure attachments and consistent routines for healthy development. In Queensland, parenting plans and arrangements must prioritise the child’s best interests, ensuring stability and emotional well-being. Whether parents choose shared or sole care, understanding the legal framework is essential for making informed and fair decisions.
Experienced family lawyers can guide parents in creating workable agreements that support both parents maintaining a meaningful relationship with their child while meeting legal obligations.
This guide explores what works for young children in Queensland, legal considerations, co-parenting strategies and dispute-resolution options—helping parents navigate the process with clarity and confidence.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
Understanding Parenting Arrangements for the 0-4 Year Age Group
What Are Parenting Arrangements?
Parenting arrangements refer to how separated parents share the care of their child. These arrangements cover where the child lives, how much time they spend with each parent (including overnight stays or day visits), and who is responsible for major decisions such as health care, education or cultural matters.
How Do Parenting Plans and Court Orders Work in Queensland?
In Queensland, parents can make a parenting plan, which is a written agreement about parenting arrangements (living arrangements, time with each parent, decision-making responsibilities). A parenting plan is informal and not legally enforceable.
If parents want a binding agreement, they can apply for consent orders, which are court-approved and legally enforceable. If parents cannot agree, they may apply for parenting orders through the court system.
When disputes occur, the courts intervene under the federal legislation to make orders that serve the child’s best interests.
Legal Considerations for Parenting Arrangements in Queensland
When making parenting arrangements, the key legal principles are:
The paramount consideration is the child’s best interests, which includes protection from harm (physical or psychological) and having meaningful involvement with both parents where safe to do so.
The federal legislation defines parental responsibility as the duties, powers and responsibilities that parents have in relation to children.
Courts look at factors such as the child’s developmental, psychological and emotional needs; each parent’s capacity to meet those needs; any history of family violence; and the benefit to the child of a relationship with each parent.
A parenting plan or order must reflect these considerations and account for the child’s age, development and individual needs.
Best Parenting Arrangements for Babies and Toddlers (0-4 Years)
For children aged 0 to 4, stability, consistent caregiving and predictable routines are especially important. The following strategies support healthy development:
Frequent, short visits for infants (0–12 months):
Babies form strong attachments with their primary carer. Short, regular visits from the non-primary parent (for example a few hours every alternate day) can help maintain the relationship, rather than long, infrequent separations.Gradual introduction of overnight stays (12–24 months):
If the non-primary parent is consistently involved and the child has formed trust with both carers, overnight stays can be introduced gradually (for example one night per week), then extended as the child adjusts.Maintaining a consistent routine between households:
Toddlers thrive on routine—nap times, meals, bedtime and comfort items should be as aligned as possible between both homes. That helps reduce the disruption of transitions.Considering breastfeeding in parenting plans:
If the child is still breastfeeding, arrangements should account for that—this may mean day-visits first or facilitating expressed milk in the other home until feeding settles.Encouraging meaningful caregiving by the non-primary parent:
Visits should involve more than “playtime”—tasks such as feeding, bathing, bedtime routines help a toddler build connection with both parents.Flexibility for developmental milestones:
Children aged 0–4 change rapidly. Parenting arrangements should be reviewed at key transitions (for example starting early childhood, increased mobility, language development) and adjusted accordingly.Managing smooth change-overs:
Young children may feel anxious during hand-overs. Change-overs should be calm, in neutral settings if possible, and the child may bring a comfort item (toy or blanket) to ease the move.Using video-calls to maintain connection:
If the non-primary parent has limited in-person visits, short regular video calls (for example before bedtime) can help maintain the bond and reduce separation anxiety.Planning for early childhood education and preschool:
As children approach early childhood programs, both parents should coordinate drop-offs, pickups, parent-teacher nights and activity schedules to ensure continuity, involvement and minimal disruption.
What Happens If Parenting Arrangements Are Breached?
If a parenting plan or court-ordered arrangement is not followed by one parent, the following steps may be taken:
Communication and clarification: Many problems arise from misunderstanding, so a calm discussion may resolve the issue.
Record breaches: Document missed time, last-minute cancellations or changes to arrangements—these may be important if legal steps are needed.
Mediation / Family Dispute Resolution (FDR): If cooperation fails, parents may attempt FDR before applying to court for orders.
Apply for a contravention order: If a court-ordered parenting arrangement is breached, the court can enforce it, order make-up time or penalties.
Seek legal advice: Especially in cases involving family violence, child safety or repeated non-compliance, a family lawyer’s advice is strongly recommended.
How Legal Professionals Can Help with Parenting Arrangements
A family law lawyer can assist by:
Providing legal advice on parenting plans, consent orders or parenting orders tailored to the child’s development and statutory framework.
Representing parents in court if agreements cannot be reached, ensuring the child’s best interests are upheld.
Facilitating mediation and dispute resolution to achieve cooperative arrangements without adversarial court processes.
Assisting with modifications or enforcement of existing orders when circumstances change (for example, relocation, new employment, health changes).
Frequently Asked Questions (FAQs)
What is the most common arrangement for young children in Queensland?
There is no single “common” model. For very young children (0–4 years), arrangements often give the primary carer most of the living time, with the other parent having regular meaningful contact. Over time and as the child grows, more shared time may become appropriate.
When can overnight stays begin for toddlers?
Overnight stays may begin typically from about 12–24 months depending on the child’s attachment to both parents, the caregiving history of the non-primary parent, and how the child adjusts to both homes.
What if one parent refuses to follow a parenting plan?
If mediation fails and the plan is not being complied with, you may need to apply to court for variation or enforcement of the arrangement. Records and legal advice are key.
Can a non-primary parent still have shared decision-making?
Yes. Although the term “custody” is no longer used, the court may grant “equal shared parental responsibility,” meaning both parents share major decision-making, even if living arrangements differ.
What happens if parents cannot agree on a plan for a young child?
They are generally required to attend Family Dispute Resolution (mediation) before applying to court for parenting orders. The court will decide based on the child’s best interests and practical arrangements.
Final Thoughts
For children aged 0–4 years, parenting arrangements should prioritise stability, secure attachment, meaningful caregiving and predictable routines. A well-designed plan helps both parents maintain meaningful relationships with their child and supports the child’s emotional and physical wellbeing. Whether through a parenting plan, consent order or parenting order, focusing on what works best for the young child is essential.
If you need legal advice or assistance with parenting plans, consent orders or parenting orders, contact an experienced family lawyer.
Official Information Sources
Queensland Law Handbook – Parenting Plans & Parenting Orders: https://queenslandlawhandbook.org.au/
Federal Circuit & Family Court of Australia: https://www.fcfcoa.gov.au/
Legal Aid Queensland – Parenting Arrangements: https://www.legalaid.qld.gov.au/
Queensland Government – Families & Legal Relationships: https://www.qld.gov.au/families/legal
Family Relationships – Separation and Parenting Support: https://www.familyrelationships.gov.au/
Queensland Law Society – Family Law Resources: https://www.qls.com.au/
