Parenting Orders

Following separation, if you can agree on parenting arrangements, you can create a parenting plan or apply for consent orders. Otherwise, you can apply for the court to make parenting orders

This page is about parenting orders which make future arrangements in the best interests of the child, but there are also child-related orders for relocating children or recovering children if they have not been returned to your care.

What is a parenting order?

A parenting order is the result of the Court deciding how parental responsibilities will be allocated in the best interests of the child.

The topics that can be covered by a parenting order include:

A parenting order can also deal with the relocation of your child.

All of these topics could also be addressed by agreement with your partner, either informally or with a parenting plan - the difference is that a parenting order can be enforced by the Court. Most separating couples do manage to come to an amicable agreement. Less than five per cent of disputes need to be resolved by the Court.

There is more information about what a parenting order can do on the types of parenting orders page, and on the Attorney-General's website, Parenting Orders - what you need to know.

When is a parenting order application appropriate?

Parenting order applications are usually made if:

How to get a parenting order

The Court will make parenting orders after it is clear you can not come to an agreement with your partner – if family dispute resolution and the Court processes fail or are not appropriate.

Family law requires families who have a dispute about children to make a genuine effort to reach an agreement through family dispute resolution. Before applying for parenting orders, you must have attempted to reach an agreement. A copy of a certificate from an accredited family dispute resolution centre must accompany the application.

Resolving issues this way is less formal than going to court and involve less money, time and emotional stress. Since both parties are involved in shaping a solution, it improves the chances that an agreement will be long lasting.

If there is a history of family violence or child abuse, it may not be appropriate to attend family dispute resolution. You can apply for an exemption if this is the case. Speak to staff at the family dispute resolution service about your options and the support services that are available.

The Court can make a parenting order based on an agreement between the parties (known as consent orders) or after a court hearing.

Either parent can apply for parenting orders, as can other relatives or people who are important in the children’s lives. The law recognises that people other than parents, such as grandparents and extended family, may play an important role in children’s lives. For this reason, people other than the parents can apply for an order or be included in an order.

How the Court decides on parenting orders

When the parents can't agree on arrangements, the Court has to decide what is in the best interests of the child, including by ensuring their safety. This is the most important consideration when the Court makes parenting orders.

The focus is on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights.

This is sometimes misunderstood and parents are sometimes misinformed. For example, parents may be told they have a right to spend equal time with the child, or that they are entitled to a certain time with the child if they have paid child support. This is misleading and does not apply when parents are considering what arrangements to agree on.

The court will make the decisions in the best interests of the child and makes no assumption about who will make important parenting decisions, or that each parents will spend equal time with the child.

The legislation provides clear directions to the court as to what must be considered when making parenting orders, including:

  1. what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of:
    1. the child; and
    2. each person who has care of the child (whether or not a person has parental responsibility for the child);
  2. any views expressed by the child;
  3. the developmental, psychological, emotional and cultural needs of the child;
  4. the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
  5. the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so;
  6. anything else that is relevant to the particular circumstances of the child.

In considering the matters set out above, the court must include consideration of:

  1. any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and
  2. any family violence order that applies or has applied to the child or a member of the child’s family.

Additionally, for children of Aboriginal or Torres Strait Islander culture, the court must further consider:

  1. the child’s right to enjoy the child’s Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:
    1. to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and
    2. to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and
    3. to develop a positive appreciation of that culture; and
  2. the likely impact any proposed parenting order will have on that right.

Considering children’s views

When making parenting orders, the court will consider any views or attitudes expressed by the children. This may be done through a family report or an independent children’s lawyer.

The court does not usually hear directly from children, although it can. Children do not usually go into court.

More information

For more information, see these pages and documents:


Last updated: 29-Jan-2025

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