Parenting

Parenting Orders are legally binding decisions made by a court about a child’s care. They can cover who the child lives with, spends time with, and who makes major decisions.

No. Many separated parents work out arrangements privately or with the help of mediation. If you reach an agreement, you can formalise it with a Parenting Plan or Consent Orders.

Learn more about What To Include In Your Parenting Plan.

A Parenting Plan is a written agreement between parents, but it’s not legally enforceable. Parenting Orders, on the other hand, are made or approved by the court and carry legal weight.

More in Parenting Plans vs Parenting Orders.

Australia doesn’t use the term ‘custody’ anymore, however it’s a term many people still seem to use colloquially. The court focuses on what’s in the child’s best interests. This usually involves both parents sharing responsibility, unless there are safety concerns.

We explain in What You Need To Know About Custody Arrangements.

It’s the legal principle that guides all parenting decisions. The court considers things like safety, emotional wellbeing, the child’s views, and the benefit of a meaningful relationship with both parents.

You can only restrict contact if there are serious safety concerns — like family violence or abuse. The court prioritises the child’s right to a relationship with both parents, unless it puts them at risk. If you’re planning on relocating with your child, you can get a Relocation Order.

Learn more in How To Get A Relocation Order.

If your ex breaches a Parenting Order without a reasonable excuse, they may face legal consequences, including fines or changes to the arrangement. You can apply to the court to enforce the order.

Learn more in our Guide To Urgent Recovery Orders In Queensland.

If negotiation and mediation fail, the court can decide. It will consider evidence from both sides and focus on the child’s best interests when issuing Parenting Orders.

Explore your options in Dispute Resolution.

A child’s views are considered, especially as they get older, but they don’t get the final say. The court weighs their maturity and understanding against what’s safe and practical.

We explain how the court considers children’s voices in Can A Child Decide Which Parent To Live With?

Yes. Grandparents can apply for parenting orders if it’s in the child’s best interests. The law recognises the important role extended family can play in a child’s life.

We explain how this works in Withholding Grandchildren From Grandparents in Australia.