Understanding Parenting Orders in Australia: How They Work and How to Apply

Separation is challenging enough, on top of the parenting responsibilities each of you will carry can be even more burdensome – but it does not have to be.  

Parenting agreements and parenting orders can determine your rights and responsibilities that are in the best interests of the child or children, so you can be more certain of your parental responsibility going forward. 

Let’s dig in! 

What is a Parenting Agreement or Parenting Plan?

A parenting plan or agreement is a written agreement that sets out the parenting and care arrangements for children. It can state: 

• Where the children will live; 
• How much time they will spend with each parent;  
• Who they will be with for special occasions and holidays; 
• Changeover arrangements; 
• Parents’ behaviour with the child;  
• Communication agreements with the child;  
• Where they will attend school; 
• How medical care decisions will be made; and 
• How travel should be permitted. 

This agreement should be made with the best interests of the child in mind and is agreed upon and signed by both parents. However, it is not legally enforceable, meaning that if one parent does not adhere to the agreement there are limited legal actions that can be taken.  

What is a Parenting Order?

If you would like your parenting plan to be legally binding, a parenting order is the more suitable option. Parenting orders set out the parenting arrangements for children alike to a parenting plan, but they are orders made by the court in accordance with the Family Law Act and are legally enforceable. Everything the parenting order says must be followed, and if one party does not adhere to the order, penalties may apply.    

If You Agree on a Parenting Arrangement

If you and the other parent agree on a parenting and custody arrangement, you can formalise this agreement by applying for consent orders to the Federal Circuit and Family Court of Australia. This has the effect of making the arrangement legally binding, however you should seek legal advice before doing so to ensure you are making informed decisions in relation to your parenting arrangements.    

If You Cannot Agree on a Parenting Arrangement

If you cannot reach an agreement on a parenting arrangement, you should attend mediation or a family dispute resolution provider to try and come up with a plan that is agreeable for both you and the other parent involved. If you have tried these avenues and still cannot resolve the matter, you can apply to the Federal Circuit and Family Court of Australia as a last resort. The court will then determine a suitable custody arrangement, whether that be shared custody or sole custody and make orders on how other parenting matters are to be dealt with. To start this process of obtaining legally binding orders, you will need to file an initiating application with the court.  

What to Do Now?

You should seek legal advice before commencing your application for parenting orders or creating a parenting plan. Doing so will ensure you are aware of your rights and responsibilities and how the agreement or orders will affect you and your child or children. A lawyer can also assist you to reach an agreement with the other parent and avoid having to partake in a lengthy and expensive court process.  

Dettmann Phair Lawyers – Your Trusted and Experienced Legal Professionals

At Chatswood Family Lawyers, our team has decades of experience reviewing and drafting parenting agreements and orders.  

Let us streamline your parenting arrangements by providing expert guidance and support to ensure your agreements are effective and align with your parenting objectives.  

To explore your options, call one of our expert contract lawyers at Chatswood Family Lawyers today on (02) 9412 4500 or complete our enquiry form online.