In Queensland, separation and divorce can bring significant emotional and practical challenges. Parents must navigate shared care schedules, school commitments, and financial responsibilities — often while communication is strained.
Understanding your rights as a separated parent is essential to make sound decisions about your children’s care, time arrangements, and financial obligations. Knowing the law helps reduce conflict and supports fair, child-focused outcomes.
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 Rights Do Separated Parents Have in Queensland?
Parenting matters in Queensland fall under the Family Law Act 1975 (Cth), which applies across Australia. These laws recognise that children generally benefit from having a meaningful relationship with both parents, provided it is safe.
Below are the key legal rights and responsibilities for separated parents:
1. Equal Shared Parental Responsibility
The law presumes both parents share responsibility for making major long-term decisions about their child’s life, such as education, health, and religion. This applies unless the court decides otherwise — for example, due to family violence or abuse concerns.
2. The Child’s Right to a Relationship with Both Parents
Children have the right to spend time and communicate with each parent on a regular basis, where safe and practical. Parenting arrangements are based on the child’s best interests — not automatically on equal time.
3. Access to Information About the Child
Each parent is entitled to access information about their child’s education, medical treatment, and welfare unless a court order limits this. Schools and health providers can generally share information with both parents.
4. The Right to Apply for Parenting Orders
Parents (and in some cases, grandparents or others with a genuine interest) may apply to the Federal Circuit and Family Court of Australia for parenting orders covering where a child lives, spends time, and who makes decisions about them.
5. Rules on Relocation
A parent cannot relocate a child a significant distance — such as interstate or far from the other parent — without the other parent’s consent or a court order. Relocation disputes focus on the child’s stability, relationships, and overall welfare.
6. Family Dispute Resolution (FDR) Before Court
Except in cases involving family violence, child abuse, or urgency, parents must attempt Family Dispute Resolution (mediation) before applying for parenting orders. You will receive a certificate from an accredited FDR practitioner confirming this step.
Child Support Rights for Separated Parents
Child support ensures both parents contribute financially to their child’s needs after separation. The system is administered federally by Services Australia under the Child Support (Assessment) Act 1989 (Cth).
How Child Support Works
Parents apply to Services Australia for an administrative assessment, which determines payment amounts based on:
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Each parent’s income
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The number and age of children
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The percentage of care each parent provides
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The child’s general costs
The assessment can be reviewed or varied if financial circumstances change.
Court Orders and Agreements
Parents can also include child support terms in a court order or binding child support agreement, which must comply with legislative requirements. These provide more flexibility but require legal advice before signing.
Enforcement
If a parent fails to pay, Services Australia can recover payments by garnishing wages, intercepting tax refunds, or initiating enforcement actions. Courts can also issue orders to recover arrears where needed.
How to Enforce Your Rights as a Separated Parent
Even with parenting or financial orders in place, issues can arise when one parent doesn’t comply. Here are your options under the Family Law Act 1975 (Cth) and court procedures:
1. Contravention Applications
If a parent breaches parenting orders (for example, refusing contact), you can apply to the Federal Circuit and Family Court of Australia for a contravention order. The court can impose penalties, order make-up time, or issue further directions.
2. Enforcement Orders
Where specific parts of an order (like handover times) aren’t being followed, the court can issue enforcement orders to compel compliance. In serious situations, the court may authorise police to assist.
3. Record Evidence
Keep detailed records of any missed visits, late payments, or communication issues. Evidence helps demonstrate patterns of non-compliance during mediation or court hearings.
4. Vary Outdated Orders
If the existing parenting or financial arrangements no longer reflect your family’s circumstances, you can apply to vary the orders. The court will consider changes in the child’s needs, parents’ circumstances, or practical arrangements.
5. Enforce Child Support
If the other parent defaults on payments, Services Australia can enforce collection through their statutory powers. Seek legal advice if payments remain outstanding or if a court order is involved.
6. Seek Legal Advice Early
A qualified family lawyer can help you navigate enforcement procedures, file documents correctly, and advocate for you in court. Legal advice ensures compliance with all procedural steps and improves the chance of resolution.
Frequently Asked Questions (FAQs)
What rights do fathers have in Queensland?
Fathers have the same rights and responsibilities as mothers under the Family Law Act 1975. Decisions are based on what is in the child’s best interests, not gender.
Can a separated parent move interstate with a child?
No, not without the other parent’s consent or a court order. Relocating without permission can result in serious legal consequences.
What support is available for separating parents?
Free or low-cost mediation and parenting help are available through Family Relationship Centres, Legal Aid Queensland, and community support services.
What if one parent breaches a parenting order?
You can file a contravention application. The court may order penalties, additional time, or changes to orders to ensure compliance.
Can a step-parent or grandparent apply for parenting orders?
Yes. The Family Law Act allows people with an ongoing relationship or significant involvement in the child’s care to apply for parenting orders, if it’s in the child’s best interests.
Does child support stop at 18?
Usually, yes. However, it can continue past 18 if the child is in full-time education or has a disability, through an adult child maintenance application.
Conclusion
Separation is never easy, but understanding your rights as a parent helps ensure stability and fairness for your children. Parental responsibility, meaningful time, and financial support are all protected under Australian family law to prioritise the best interests of the child.
If you need help understanding or enforcing your parental rights, VM Family Law can provide clear, practical advice and representation tailored to your situation. Call 07 3447 8966 or visit vmfamilylaw.com.au today.
Official Information Sources
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Queensland Government – Parenting, Child Custody and Family Law
https://www.qld.gov.au/families/legal/child-custody-and-parenting-arrangements -
Family Relationships Online – Parenting, Separation and Child Support Information
https://www.familyrelationships.gov.au -
Queensland Law Society – Family Law Resources and Legal Advice
https://www.qls.com.au
