What are parenting orders, and why should separated parents know about them? Parenting orders are legally binding court orders that set out arrangements for children—such as where they live, how time and communication with each parent will occur, and who makes major long-term decisions.
For families in conflict or facing issues like family violence, these orders provide clarity and help secure arrangements that are in the best interests of the child.
Experienced family lawyers can guide parents through the process and ensure the child’s needs and safety are properly put before the court.
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/
What Are Parenting Orders?
Parenting orders are orders of the Federal Circuit and Family Court of Australia (FCFCOA). They set out parenting arrangements after separation or divorce and are enforceable. Orders can be made by agreement (consent orders) or by the court after a hearing if parents cannot agree.
The overarching principle is that the child’s best interests are paramount. Orders typically deal with:
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Living arrangements (who the child lives with)
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Time and communication with the other parent (and sometimes other people)
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Parental responsibility (who makes major long-term decisions about matters like health, education and religion)
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Specific issues (e.g., conditions for travel, information sharing, or safety measures where family violence has been alleged or found)
Legal Foundation (Family Law Act 1975)
Parenting orders are made under the Family Law Act 1975 (Cth). In deciding what orders to make, the court must treat the child’s best interests as the paramount consideration. Relevant considerations include (among others):
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The need to protect the child from physical or psychological harm (including exposure to family violence)
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The benefit to the child of a relationship with each parent, where this is safe and appropriate
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The child’s views (given appropriate weight in light of age and maturity)
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Each parent’s capacity to meet the child’s needs
(The presumption about equal shared parental responsibility can be displaced, particularly where family violence, abuse, or other risks are present.)
Parenting Orders vs Parenting Plans
A parenting plan is a written agreement between parents that sets out arrangements for children. It is not legally enforceable.
A parenting order is a court order. It is legally binding and enforceable. If a parenting order is contravened without a reasonable excuse, the court can make enforcement or other consequential orders.
(Parents sometimes convert an agreed parenting plan into consent orders so the terms become binding.)
Key Components Typically Covered
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Living arrangements: where the child lives.
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Time arrangements: when and how the child spends time and communicates with each parent (weekdays, weekends, school holidays, special days).
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Parental responsibility: who makes long-term decisions about health, education, and religion (shared or sole).
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Protective and practical measures: conditions to address safety risks (including family violence), information-sharing, handover logistics, and travel permissions.
Shared vs sole parental responsibility
The court may order shared parental responsibility (both parents consult on major long-term decisions) or sole parental responsibility (one parent holds that authority) if it is in the child’s best interests—particularly where there are safety concerns.
Who Can Apply for Parenting Orders?
Applications are not limited to parents. The following may apply:
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A parent (biological or adoptive)
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A grandparent
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Any person concerned with the care, welfare or development of the child (for example, a step-parent or other relative)
The court considers each application on its merits, always with the child’s best interests as the paramount consideration.
When Should You Apply?
An application is typically made when:
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Parents cannot agree on arrangements
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There are safety concerns (e.g., family violence, abuse, neglect, or unacceptable risk of harm)
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An informal arrangement is no longer workable and clarity or enforceability is needed
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There are changes in circumstances that require formal variation of existing orders
How to Apply (Step by Step)
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Family Dispute Resolution (FDR) first
For most parenting disputes, parties are required to attempt FDR before filing. If no agreement is reached, a section 60I certificate is usually needed to commence court proceedings (exceptions apply, including urgency and family violence/risk). -
Prepare the documents
Common documents include an Initiating Application, an affidavit setting out relevant facts, and a Notice of Child Abuse, Family Violence or Risk where applicable. -
File with the FCFCOA
File online via the Commonwealth Courts Portal or at a registry and pay the filing fee (fee reductions may apply in eligible circumstances). -
Serve the other party
Ensure proper service of your documents in accordance with the court rules. -
Interim arrangements (if needed)
The court can make interim orders to address urgent matters pending a final hearing (for example, safety arrangements or short-term care schedules). -
Final determination or consent
If the matter does not resolve by agreement, the court hears evidence and makes final orders guided by the child’s best interests.
Timeframes
The duration varies. Urgent risk-based matters are dealt with more quickly; contested final hearings can take longer depending on complexity and listings.
If Parenting Orders Are Breached
If an order is not followed, the responding party may need to explain a reasonable excuse (for example, where compliance would have exposed the child to a risk of harm). Where there is no reasonable excuse, the court can:
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Order make-up time
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Vary the orders
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Require participation in programs (e.g., parenting programs)
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Make costs or other sanctions, and in serious cases consider fines or other penalties
The court’s focus remains on the child’s best interests and achieving workable compliance moving forward.
How a Family Lawyer Can Help
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Advice on the likely range of outcomes having regard to best-interests principles and any risk issues
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Drafting clear, child-focused proposed orders (for consent or hearing)
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Evidence preparation (affidavits, risk notices, disclosure)
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Representation at interim and final hearings, and in contravention or enforcement applications
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Variation applications when circumstances materially change
FAQs
How long do parenting orders last?
Generally until the child turns 18, or until varied/discharged by further order.
Can parenting orders be changed?
Yes—by consent orders (if both agree) or by application to the court, typically where there is a material change in circumstances.
Do I need a lawyer?
Not mandatory, but legal advice can make the process clearer, ensure the right evidence is before the court, and help craft workable, enforceable orders.
What’s the difference between parenting plans and parenting orders?
A parenting plan is not enforceable. A parenting order is a court order and is enforceable.
Can grandparents apply?
Yes. Grandparents (and others concerned with the child’s care, welfare or development) may apply. The court decides based on the best interests of the child.
Do parenting orders deal with money?
No. Parenting orders address arrangements for children. Financial matters (property settlement, spousal maintenance) are separate processes.
Can a 12-year-old choose where to live?
A child’s views are considered, but are not determinative. The court weighs the child’s views alongside all best-interests factors.
Official Information Sources
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Queensland Law Handbook – Parenting (post-separation), parenting plans, and parenting orders:
https://queenslandlawhandbook.org.au/ -
Federal Circuit and Family Court of Australia – Parenting proceedings, forms, contraventions, and the National Contravention List:
https://www.fcfcoa.gov.au/ -
Legal Aid Queensland – Parenting arrangements and what the court considers:
https://www.legalaid.qld.gov.au/ -
Queensland Government – Families and legal relationships (parenting and safety information):
https://www.qld.gov.au/families/legal -
Family Relationships – Family Dispute Resolution and parenting information:
https://www.familyrelationships.gov.au/ -
Queensland Law Society – Family law resources and referrals:
https://www.qls.com.au/
