Parenting orders in Australia:
a father's guide

What are parenting orders?

A parenting order is a legally binding document issued by the Federal Circuit and Family Court of Australia that sets out the arrangements for your children after separation. It can cover who the children live with, how much time they spend with each parent, how decisions about their education, health, and religion are made, and how parents communicate about the children.

Parenting orders carry the force of law. Breaching them without reasonable excuse is a criminal offence — one that can result in fines, community service, or imprisonment. That enforceability is what makes them so important to get right from the beginning.

Types of parenting orders

Courts can make several different kinds of parenting orders, often in combination:

• Live with orders — specify which parent (or parents) the children live with. "Equal shared time" or "spend time with" arrangements are common but not automatic.
• Spend time with orders — set out the schedule for time with each parent, including during holidays, school terms, and special occasions.
• Parental responsibility orders — determine whether major long-term decisions (schooling, medical treatment, religion) require joint agreement or can be made by one parent alone.
• Communication orders — specify how parents communicate with each other and how children communicate with the parent they're not currently with.
• Specific issues orders — deal with a particular decision, such as which school a child attends or whether a child can travel internationally.

How to get parenting orders

There are two paths. The first — and preferred — is by consent: both parents agree on arrangements, those arrangements are put into a formal parenting plan or consent orders, and the court seals them without a hearing. This is faster, cheaper, and less damaging to the co-parenting relationship.

The second is a contested hearing, where a judge makes a decision after hearing from both sides. Before the court will hear a parenting dispute, the Family Law Act requires both parties to make a genuine attempt at Family Dispute Resolution (mediation) — with limited exceptions including family violence and urgency.

The process in broad steps:

1. Attempt Family Dispute Resolution (FDR) with an accredited mediator and obtain a Section 60I certificate if it fails or is not appropriate.
2. File an Initiating Application in the Federal Circuit and Family Court of Australia, along with a supporting affidavit.
3. Attend a first hearing (Directions hearing), where the court sets the timetable and may make interim orders.
4. Complete disclosure, exchange documents, and potentially undergo a Family Report assessment.
5. Attend a final hearing if no agreement is reached, at which a judge makes final orders.

What the court considers

The court's overriding consideration is the best interests of the child. The Family Law Act 1975 sets out two primary considerations:

• The benefit to the child of having a meaningful relationship with both parents.
• The need to protect the child from physical or psychological harm.

Where there is a risk of harm, the court will prioritise safety over the benefit of both relationships. Additional factors the court weighs include the child's own views (weighted by their age and maturity), the nature of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, and the practical difficulty and expense of the arrangements proposed.

One thing worth understanding: equal shared parental responsibility — the presumption that both parents jointly make major decisions — does not mean equal time. The court considers equal time only when it is reasonably practical and in the child's best interests. The presumption of equal shared parental responsibility itself can be displaced where there are serious concerns about family violence or child abuse.

If orders are being breached

If the other party is not complying with parenting orders — refusing handovers, keeping the children beyond their allotted time, alienating the children from you — you have legal remedies. Take these steps:

1. Document everything. Keep a record of every missed handover, refused phone call, or unilateral decision. Dates, times, and what was said.
2. Send a written record. Email or message the other party so there's a paper trail of your attempt to resolve it.
3. Apply to the court. A contravention application puts the breach before a judge. The court can make compensatory time orders, impose fines, and in serious cases order imprisonment.

If a child has been taken interstate or internationally without your consent, or if you believe there is an immediate risk, these are urgent matters that require legal action the same day. Call us directly rather than submitting a contact form.

Changing existing orders

Parenting orders are not permanent in the sense that they can be varied — but they're not easily undone either. To change existing orders, you need to either reach an agreement with the other party (and file new consent orders) or satisfy the court that there has been a "significant change in circumstances" since the orders were made. The court is reluctant to re-litigate matters that have already been decided, so it's important to get the orders right the first time.

Common reasons courts agree to vary orders include one parent relocating, a material change in the child's needs or wishes as they grow older, or evidence of family violence that wasn't before the court when the original orders were made.