What are parenting orders?
Parenting orders are legally enforceable directions made under the Family Law Act 1975 (Cth) that cover who a child lives with, spends time with, communicates with, how parental responsibility is exercised, changeover and holidays, travel and other practical arrangements. Orders can be made:
- by consent (Consent Orders lodged with the court)
- or by a judge after an application and hearing if the parties cannot agree
When making or approving orders, the court’s focus is the child’s best interests. In practice this centres on safety, the benefit of meaningful relationships where safe, the child’s views (depending on age and maturity) and the need for stability and practicality.
Important: This parenting orders Australia guide provides general information only, not legal advice. Family circumstances differ and time limits or risk issues can change what you should do next.
Options and types of arrangements
Common pathways
- Parenting plan: A written, signed and dated agreement. Flexible and fast but not directly enforceable.
- Consent Orders: Agreed terms filed with the court. Enforceable and often used for certainty and long‑term stability.
- Court‑determined orders: If no agreement, the court can make interim and final orders after considering evidence.
Issues orders can cover
- Lives with / spends time with and communication (including supervised or supported time)
- Parental responsibility (joint, sole or specific issues like schooling or medical)
- Changeover logistics and travel (including passports and relocation)
- Special occasions, school holidays and religious/cultural events
- Safety arrangements, family violence risk management and no‑alcohol clauses where appropriate
Quick comparison
| Option | What it does | Good for | Limits |
|---|---|---|---|
| Parenting plan | Records agreed arrangements | Low conflict, testing a routine | Not enforceable as an order |
| Consent Orders | Makes the agreement enforceable | Certainty, schools/passports, lenders/government forms | Drafting must be precise; filing fee applies |
| Court‑determined orders | Judge decides terms after evidence | High conflict, risk, urgent protection | Time and cost; evidence and procedure apply |
Process and requirements
Typical steps
- Identify issues and urgency: Safety, relocation, school change, withheld time or travel.
- Family Dispute Resolution (FDR): Most applicants must attempt mediation and obtain a s 60I certificate unless an exemption applies (e.g. urgency, family violence, child abuse or impracticality).
- Draft terms: Clear, practical, child‑focused wording that can be followed day‑to‑day.
- File Consent Orders or an application: Consent Orders are lodged with proposed terms and supporting documents. If contested, file an Initiating Application with any urgent interim orders sought, affidavit material and the Notice of Child Abuse, Family Violence or Risk.
- Interim stage (if needed): The court may make temporary orders to manage risk and stability.
- Final resolution: Agreement is formalised by Consent Orders, or the court decides after a hearing.
Best interests and evidence
The court assesses the child’s best interests with a strong focus on safety. Evidence often includes timelines, school and medical records, communications between parents and any risk material. Practical, child‑focused proposals usually carry more weight than accusations without proof.
Costs and timeframes
What it may cost
- Consent Orders: Court filing fee applies (reduced fees or exemptions may be available). Lawyer drafting commonly ranges from around $1,200–$3,000+ depending on complexity.
- Contested matters: Costs can escalate with interim hearings, reports and final hearing preparation. Early issue‑narrowing and clear evidence can reduce spend.
- Free and low‑cost help: Legal Aid (means/merits tested), community legal centres, Family Relationship Advice Line (1800 050 321) and FDR services may assist.
How long it may take
- Consent Orders: Often prepared within days and processed by the court in weeks.
- Interim orders: Can be obtained earlier in urgent or disputed cases.
- Final orders after a hearing: Months to over a year depending on complexity, listing delays and reports.
Evidence and documents that help
Having the right documents ready speeds up advice and improves outcomes. Useful items often include:
- Child‑related timeline of key events and current routine
- Any existing parenting plan or orders
- School reports, attendance records and extracurricular schedules
- Medical, counselling or specialist reports where relevant
- Evidence of family violence or risk (police reports, AVO/ADVO, safety plans)
- Travel details (passports, proposed itineraries, relocation evidence)
- Communication samples (emails, messages) showing co‑parenting patterns
Enforcement, changes and special issues
Contraventions and enforcement
- If orders are not followed, you can apply for a contravention order.
- The court examines whether there was a breach and any reasonable excuse (e.g. genuine safety concerns).
- Outcomes can include make‑up time, varied orders, programs, costs or in serious cases penalties.
Varying orders
- Orders can be changed by new Consent Orders or by court if there is a significant change in circumstances or if it’s in the child’s best interests.
- Common triggers: relocation proposals, developmental changes, school transition, emerging risk.
Frequently raised topics
- Relocation: Proposal should be made early with a practical plan for time and communication; urgent court applications may be needed.
- Supervised time: Often interim where risk is alleged; may be stepped down with evidence and compliance.
- Grandparents/other carers: Can apply if concerned with the child’s care, welfare and development.
- Passports and travel: Orders can authorise passports/travel and set notice requirements.
Parenting Orders FAQ
Do I need mediation before applying for parenting orders?
Usually yes. Most applicants must attempt Family Dispute Resolution and get a section 60I certificate. Exceptions exist for urgency, family violence, child abuse or impracticality.
Is a parenting plan legally enforceable?
No. A parenting plan guides behaviour but is not directly enforceable. Consent Orders convert agreed terms into enforceable orders.
Can we get urgent interim orders?
Yes. The court can make interim orders to address safety, withheld time, relocation risk or other urgent issues while the case proceeds.
What does the court look at when making orders?
The child’s best interests: safety, meaningful relationships where safe, the child’s views (age/maturity), stability and practical arrangements supported by evidence.
How specific should Consent Orders be?
Very. Clear days, times, changeover locations, travel notices, special occasions and decision‑making clauses reduce conflict and enforcement issues.
What happens if the other parent breaches orders?
You can seek a contravention order. The court considers any reasonable excuse and may make enforcement, make‑up time, program or penalty orders.
Can orders be changed as children grow?
Yes. You can agree on new Consent Orders or ask the court to vary if there is a significant change in circumstances and variation is in the child’s best interests.
Do I need a lawyer to get Consent Orders?
No, but many people use a lawyer to draft precise, practical terms. Mistakes in wording can create future disputes or enforcement problems.
Get help with parenting orders
Use the form below for free guidance on options (parenting plan vs Consent Orders vs court), likely costs and timeframes, and what documents to prepare first. Your enquiry is confidential.