What are Parenting Orders?

This article delves into what can go into parenting orders and other related topics.

When parents separate, one of the most important questions is how arrangements will be made for their children. While many parents are able to reach an agreement between themselves, others require a formal arrangement that provides certainty and protects the best interests of their child.

Parenting Orders are legally enforceable orders that set out the parenting arrangements for a child after separation. They can deal with everything from where a child lives to how decisions about schooling, medical treatment and overseas travel will be made.

Understanding how Parenting Orders work can help you make informed decisions about your family and avoid unnecessary conflict in the future.

A Parenting Order is a legally binding Order made under the Family Law Act 1975 (Cth) that regulate the care, welfare and development of a child.

Once Parenting Orders are made, each person named in the orders is legally required to comply with them unless the orders are changed by a Court or replaced by new Consent Orders.

Parenting Orders provide certainty for both parents and children by clearly outlining each parent’s rights and responsibilities. They are designed to reduce conflict by removing uncertainty about parenting arrangements and creating a framework that both parents are expected to follow.

Importantly, Parenting Orders are made with one overriding consideration in mind—the best interests of the child.

What Can a Parenting Order Cover?

Parenting Orders can deal with almost every aspect of a child’s care after separation.

Common issues addressed in Parenting Orders include:

where the child will live;
how much time the child will spend with each parent;
telephone, video or electronic communication;
where changeovers will occur;
school holiday arrangements;
Christmas, Easter and other special occasions;
birthdays and Mother’s Day/Father’s Day;
overseas and interstate travel;
obtaining or renewing a passport;
who will make decisions about education;
medical treatment and health care;
extracurricular activities;
communication between parents about the child; and
any other arrangements that are in the child’s best interests.

Every family is different. Parenting Orders should be tailored to the individual needs of the child and the circumstances of the parents.

How Are Parenting Orders Made?

There are several ways Parenting Orders can be made.

1. Consent Orders

If parents are able to reach an agreement, they can apply to the Court for Consent Orders.

The Court will review the proposed orders and, if satisfied they are in the child’s best interests, make them without either parent needing to attend Court.

Consent Orders provide the certainty of legally binding Parenting Orders while avoiding the cost and stress of contested litigation.

2. Interim Parenting Orders

If parents cannot agree and Court proceedings have commenced, the Court may make Interim Parenting Orders.

These orders are intended to regulate parenting arrangements until a final hearing can take place.

Interim Orders are often based on limited evidence and are designed to provide stability for the child while the proceedings continue.

3. Final Parenting Orders

If parents cannot resolve their dispute, the Court will ultimately determine the matter at a final hearing.

After considering all of the evidence, the Court will make Final Parenting Orders that it considers to be in the child’s best interests.

These orders generally remain in place until the child turns 18 unless they are varied by a later Court order.

How Does the Court Decide Whether to Make Parenting Orders?

When parents cannot reach an agreement, the Federal Circuit and Family Court of Australia may be required to decide what Parenting Orders should be made.

The Court does not decide parenting cases based on what is fair to either parent. Instead, every decision is guided by the best interests of the child, as required by the Family Law Act 1975 (Cth).

Section 60CC of the Act sets out the factors the Court must consider when determining what parenting arrangements are in a child’s best interests. These include matters such as the child’s safety, their developmental, emotional and psychological needs, the capacity of each parent to meet those needs, any views expressed by the child where appropriate, the benefit of the child having relationships with important people in their life where it is safe to do so, and any history of family violence.

For more information on the factors that are relevant to the Court’s determination as to what parenting orders are in a child’s best interests, read our article: How to Change Parenting Orders.

How Long Do Parenting Orders Last?

In most cases, Parenting Orders remain in force until a child turns 18.

However, circumstances often change as children grow older.

Changes in schooling, relocation, health issues or the child’s evolving needs may mean that the existing Parenting Orders are no longer appropriate.

Where parents agree, new Consent Orders can replace the existing orders.

If they cannot agree, an application may be made to the Court to vary the Parenting Orders, provided the legal requirements for doing so are met.

What Happens if Someone Does Not Follow Parenting Orders?

Parenting Orders are legally enforceable.

If one parent fails to comply with the orders without a reasonable excuse, the other parent may be able to commence contravention proceedings.

Depending on the circumstances, the Court has a range of powers available, including:

ordering make-up time with the child;
varying the Parenting Orders;
requiring attendance at parenting programs;
imposing fines;
ordering payment of legal costs; or
in more serious cases, imposing other penalties.

If you believe Parenting Orders have been breached, it is important to obtain legal advice before taking action.

Can Parenting Orders Be Changed?

Yes—but not simply because one parent is unhappy with the arrangements.

Generally, a Court will only reconsider Parenting Orders where there has been a significant change in circumstances since the orders were made.

Examples may include:

concerns about a child’s safety;
relocation;
significant changes to a parent’s circumstances;
changes to the child’s needs as they grow older; or
other important developments affecting the child’s welfare.

If both parents agree to change the arrangements, they may instead apply for new Consent Orders.

Parenting Orders vs Parenting Plans

Many people confuse Parenting Orders with Parenting Plans.

Although both deal with parenting arrangements after separation, they are very different.

A Parenting Plan is a written agreement between parents that is not legally enforceable.

A Parenting Order is a legally binding order made by the Court.

For some families, a Parenting Plan provides sufficient flexibility.

For others—particularly where there has been conflict or there is concern that agreements may not be followed—Parenting Orders provide greater certainty and legal protection.

Do You Need Parenting Orders?

Not every separated family requires Parenting Orders.

Where parents communicate well and can cooperate effectively, informal arrangements or a Parenting Plan may be sufficient.

However, Parenting Orders are often appropriate where:

communication has broken down;
there is ongoing conflict;
one parent regularly changes arrangements;
there are concerns about safety;
certainty is needed for schools or medical providers;
relocation is proposed; or
parents simply want clear and enforceable arrangements moving forward.

Obtaining Parenting Orders can reduce future disputes by clearly defining each parent’s responsibilities.

How Barton Family Lawyers Can Help

Parenting disputes can be emotionally challenging, particularly when there is disagreement about what arrangements are in a child’s best interests.

At Barton Family Lawyers, we regularly assist parents with:

negotiating parenting arrangements;
preparing Parenting Plans;
applying for Consent Orders;
representing clients in parenting proceedings;
varying existing Parenting Orders;
responding to alleged breaches of Parenting Orders; and
resolving complex parenting disputes involving relocation, family violence and high-conflict parenting.

Our focus is always on achieving practical outcomes that protect both our clients and their children.

Contact our Team today to book a reduced rate initial consultation with one of our experienced family lawyers, to assist you to negotiate a parenting order for your children, that suits your individual circumstances.

Frequently Asked Questions

Are Parenting Orders legally binding?

Yes. Parenting Orders are legally enforceable and each person named in the orders is generally required to comply with them.

Can Parenting Orders be changed?

Yes. Parenting Orders can be changed by agreement through new Consent Orders or, in some circumstances, by a Court where there has been a significant change in circumstances.

What happens if Parenting Orders are breached?

A parent who breaches Parenting Orders without a reasonable excuse may face contravention proceedings and a range of possible Court orders or penalties.

Do Parenting Orders end when my child turns 18?

In most cases, Parenting Orders cease when the child turns 18 years of age.

Can grandparents apply for Parenting Orders?

Yes. In appropriate circumstances, grandparents and other people who are significant to a child’s life may be able to apply for Parenting Orders.

Do we have to go to Court to obtain Parenting Orders?

Not always. Many parents reach an agreement and formalise that agreement by applying for Consent Orders without attending a final Court hearing.

You may also find these articles helpful:

What are Parenting Orders?