Parenting Orders in Australia: How They Work and How to Get Them
Last updated: June 2026
What Are Parenting Orders?
Parenting orders are legally binding orders made by the Federal Circuit and Family Court of Australia under the Family Law Act 1975. They set out where children live, how much time they spend with each parent, and how major decisions about their lives are made.
Best Interests of the Child
All decisions must be made in the best interests of the child. The court considers:
- The benefit of the child having a meaningful relationship with both parents
- The need to protect the child from harm
- The child's own views (weighted by age and maturity)
- Each parent's capacity to meet the child's needs
- The impact of any family violence
Since 2023 reforms, there is no longer a presumption of equal shared parental responsibility.
Parenting Plans vs Court Orders
Parenting plans — written agreement between parents. Flexible but not legally enforceable.
Parenting orders — made by the court, either by consent or after a hearing. Legally binding. Breach can result in enforcement proceedings.
Where parents agree, consent orders give the security of a court order without a contested hearing.
How to Apply
- Attend family dispute resolution (mediation) — usually required before filing
- Obtain a Section 60I certificate if agreement is not reached
- File an Initiating Application at the FCFCOA
- Most cases settle before trial
Changing Orders
An order can be changed if there is a significant change in circumstances — a parent relocating, the child's wishes changing, or new safety concerns.
Key Points
- Best interests of the child is the paramount consideration
- Mediation is usually required before going to court
- Parenting plans are not enforceable; court orders are
- Consent orders give court protection without a contested hearing