When parents separate or divorce, deciding how children will be cared for can be one of the most emotional and complex parts of the process.
If informal arrangements or parenting plans aren’t working, a Parenting Order can help create certainty, stability, and legal protection for both parents and children.
Whether you’re negotiating care arrangements or seeking court intervention, this guide explains what parenting orders are, how they work, and how to apply, so you can make informed decisions for your family’s future.
What Is a Parenting Order?
A Parenting Order is a legally binding court order that sets out the care and living arrangements for a child after their parents have separated. It can cover a wide range of matters, including:
- Where the child will live
- How much time the child will spend with each parent
- How the child communicates with each parent or other significant individuals
- Who is responsible for decisions related to education, health, and religion
- How disputes between parents will be resolved
Parenting Orders are issued by the Federal Circuit and Family Court of Australia and are enforceable by law.
Who Can Apply for a Parenting Order?
Parenting orders are not limited to biological parents. Any person who is concerned with the care, welfare, or development of a child may apply.
This includes:
- Parents (married or de facto)
- Grandparents
- Step-parents
- Other relatives or close family friends involved in the child’s life
Before filing an application, most people must attempt Family Dispute Resolution (FDR) to try and resolve parenting matters amicably.
How the Court Decides on Parenting Orders
The court’s primary concern is always the best interests of the child, which is the central principle under the Family Law Act 1975. The court considers a variety of factors, including:
- The benefit of the child having a meaningful relationship with both parents
- The need to protect the child from harm, including abuse or neglect
- The child’s views (depending on their age and maturity)
- The nature of the relationship between the child and each parent
- The capacity of each parent to provide for the child’s emotional and physical needs
Safety, stability, and emotional wellbeing are key considerations.
How to Apply for a Parenting Order
If no agreement can be reached through mediation, an application can be made to the Federal Circuit and Family Court of Australia.
The process generally includes:
- Attending Family Dispute Resolution (FDR) – This is a legal requirement unless an exemption applies, such as in cases of family violence or urgency.
- Obtaining a Section 60I Certificate – This certificate proves that you made a genuine attempt to resolve the matter through FDR.
- Filing an Application – Alongside your application, you’ll need to submit documents like an affidavit, parenting questionnaire, and a Notice of Risk (if applicable).
- Court Hearings – The court may issue interim (temporary) orders before making a final decision.
Can Parenting Orders Be Changed?
Yes. Parenting Orders can be changed if there has been a significant change in circumstances since the original order was made.
Common reasons include:
- One parent moving interstate
- Changes in the child’s needs
- Safety concerns
- Changes in employment or parenting availability
If both parties agree on the changes, you can create a new parenting plan without going back to court. However, if there’s no agreement, you will need to apply for a variation through the court.
What If a Parenting Order Is Not Followed?
A Parenting Order is legally enforceable. If one party fails to comply with its terms, the other party can apply to the court for enforcement. The court may:
- Issue a warning
- Make compensation orders for lost time
- Impose fines or community service
- In serious cases, consider a change in care arrangements or even imprisonment
If you’re struggling with a non-compliant co-parent, legal support is available to enforce your parenting rights.
Co-Parenting & Communication After Orders Are Made
A Parenting Order can include conditions about how parents communicate with each other and how decisions are shared.
Successful co-parenting relies on:
- Open and respectful communication
- Keeping the child’s wellbeing as the top priority
- Avoiding conflict in front of the child
- Using written forms of communication (texts or emails) when verbal communication is difficult
Mediation or family counselling can also help improve communication if tensions remain high.
Do You Need a Parenting Order or Legal Support?
If you’re going through a separation and are unsure about the next steps regarding your children, it’s important to speak with an experienced family lawyer.
At Chatswood Family Lawyers, we help families create workable, child-focused arrangements, whether through negotiation or formal court applications.
From consent orders to complex contested hearings, our team is here to support you every step of the way.
Discover our parenting order services.
Get in touch with us to book a consultation.