What are Parenting Orders and how do they work?

When parents separate, one of the most difficult tasks is deciding the future arrangements for their children. In Australian law, we no longer use terms like “custody” or “visitation.” Instead, we talk about Parenting Orders that determine who a child “lives with” and “spends time with.”

What Do Parenting Orders Cover?

Parenting Orders are a set of rules enforced by the Court. They typically cover:

1. Parental Responsibility: Who makes the major long-term decisions (Health, Education, Religion).
2. Living Arrangements: Who the child lives with primarily.
3. Time Arrangements: When the child spends time with the other parent (weekends, holidays, special occasions).
4. Communication: How the child contacts the other parent (phone, FaceTime).
5. Handover: Where and when the child is picked up and dropped off.

“Best Interests of the Child”

Before making any order, the Court must regard the best interests of the child as the paramount consideration.¹ Following May 2024 changes, the Court now considers a refined list of factors:

• The child’s safety (including protection from family violence, abuse, or neglect).
• The child’s views and any relevant developmental, psychological, or emotional needs.
• The capacity of each parent to provide for the child’s needs.
• The benefit to the child of having a relationship with their parents and other significant people (like grandparents).

Changes to Parental Responsibility (2024 Update)

Historically, Section 61DA of the Family Law Act 1975 created a presumption that “equal shared parental responsibility” was in a child’s best interest. However, recent 2024 amendments (Family Law Amendment Act 2023) have repealed this presumption.

What this means for you:

• Focus on the Child: The focus has shifted away from a “starting presumption” to a case-by-case assessment of the child’s specific needs.
• Decision Making: The Court still encourages joint decision-making about major long-term issues (like schooling and health) but will readily order sole decision-making in high-conflict or abusive situations.
• No “Equal Time” Confusion: The repeal removes the common confusion that shared responsibility automatically meant equal (50/50) time. The Court will only order equal time if it is in the child’s best interest.
• Family Violence: The new laws provide greater protection for children and parents by ensuring that safety is the primary consideration during these decisions.²

Parenting Plan vs Consent Orders

You have two ways to formalise your agreement:

1. Parenting Plan

• informal, written agreement signed by both parents.
• Not legally binding or enforceable by the police.
• Flexible and easy to change as children grow.

2. Consent Orders (Recommended)

• Legally binding Court Orders.
• Enforceable by the Court (penalties apply for breach).
• Provides certainty and stability.

Related Family Law Topics

• Can my ex stop me seeing my children?
• Is mediation mandatory?
• Child support explained
• Family Law Practice Area

Child-Focused Solutions

Bell & Senior is committed to finding solutions that prioritise your children’s wellbeing while protecting your relationship with them.

Need help with parenting arrangements? Contact our family law team today. Call (07) 5532 8777.