Parenting arrangements explained

When people separate there are usually no Court Orders in place regarding the care arrangements of the children. There is no hard and fast rule as to who should have the primary care of the children. There is no presumption that the children should live with the mother.

When making parenting orders, the Court must treat the child’s best interests as the paramount consideration under the Family Law Act 1975.

Changes that commenced on 6 May 2024 removed the presumption of equal shared parental responsibility and the related requirement to consider equal time or substantial and significant time. Parenting arrangements depend on the individual child, not a starting assumption about how care should be divided.

Each parent generally has parental responsibility for a child under 18, subject to any court orders. Separation does not itself remove that responsibility.

Major long-term decisions can concern education, health, religious and cultural upbringing, the child’s name, and significant changes to living arrangements. Where it is safe, and subject to court orders, parents are encouraged to consult each other and put their child’s best interests first.

The Court can allocate joint or sole decision-making for all or specified major long-term issues. Decision-making responsibility is separate from the amount of time the child spends with each parent.

For example, an order might give parents joint decision-making about education but give one parent sole decision-making about a particular health issue. Unless the order provides otherwise, joint decision-making requires consultation and a genuine effort to reach a joint decision.

The safety of the child and the people caring for the child is a central consideration. The Court considers risks of family violence, abuse, neglect and other harm, including relevant history and family violence orders.

Safety concerns can affect both decision-making and time arrangements. Get advice about safe options if you or your child may be at risk.

If you or your child are in immediate danger, call 000. Urgent legal advice can help you understand the options where it is not safe to negotiate with the other parent.

The Court can consider circumstances such as a parent’s availability and capacity to meet the child’s needs. Difficulty communicating or locating a parent does not create a single automatic outcome.

Orders can address particular issues and set out who makes decisions. The appropriate arrangement depends on the evidence and the child’s best interests.

There is no automatic entitlement to a 50/50 care arrangement. Equal time may be appropriate in some families, but it is not the required starting point. An order about joint decision-making does not determine how time is divided.

For disputed parenting arrangements, section 60CC sets out the matters used to assess the child’s best interests. These include:

The Court does not have to work through the former equal-time, then substantial-and-significant-time sequence. It decides what arrangements serve the child’s best interests in the circumstances.

Arrangements may cover school days, weekends, holidays, special occasions and communication. The child’s needs, safety and the practical circumstances of each household matter more than fitting a standard timetable.

The 2024 changes did not automatically change existing parenting orders. Continue to follow applicable orders and get legal advice before changing arrangements.

If you need help resolving parenting arrangements or a custody dispute, speak with our child custody lawyers.

Sources: Family Law Act 1975 and the Court’s parenting-law reform guidance. This parenting-law framework section was updated on 9 September 2026.

If both parents have come to an arrangement for the children, there are three ways to record it:

The benefit of this agreement is that it allows for flexibility between the parents and can easily adapt to change.

The disadvantage is that where the parents disagree about what was said, it can become one person’s word against the other’s. This can cause problems if the parents are unable to communicate effectively. A verbal agreement is not enforceable as a parenting order.

This is an agreement where the arrangements for the children are put in writing, signed and dated by the parents. It must be made voluntarily.

A parenting plan is not legally enforceable, but in many matters it assists parents to clarify the arrangements for the children. It allows flexibility in that the terms can be changed by agreement between the parents.

The Court can take a parenting plan into account if the matter later goes to court. If there are already parenting orders, get advice before signing a plan because it may affect how those orders operate.

The final way to record an agreement about the children is to apply for consent orders. Parents submit the proposed orders to the Court, which considers whether they are in the child’s best interests. An application for consent orders can usually be decided without either parent attending court.

Once made, consent orders are binding and can be enforced by the Court.

The wording matters. Some orders allow parents to make different arrangements “unless otherwise agreed by the parties”. Check whether that wording applies to the particular arrangement before relying on an informal change.

Consent orders should be clear enough for both parents to understand what is required. However, the more specific the orders, the more difficult it can be to account for every possible change in future events.

If circumstances change in the future, you may need to go through the Court again to obtain new orders if the other parent is unwilling to agree. A disagreement does not mean the orders can never be changed. When parents do not agree, the Court must consider whether there has been a significant change in circumstances and whether reconsidering final parenting orders is in the child’s best interests.

If you both agree, options may include new consent orders or, in some circumstances, a parenting plan. Get advice about the effect on your existing orders before changing the arrangements.

Orders should not be breached lightly. A breach without reasonable excuse can have serious consequences, including costs orders, a fine or, in serious cases, imprisonment.

Orders in relation to children’s matters can be vast and varied. Depending on your circumstances, matters you may wish to consider include:

1. How parental responsibility is allocated, including joint or sole decision-making for all or specified major long-term issues;
2. Who the child will live with;
3. Who the child is to spend time with and the terms for that time;
4. Holiday arrangements for the child;
5. Special day arrangements including birthdays, mother’s day, father’s day, christenings, weddings and graduations;
6. Telephone contact;
7. Christmas day arrangements;
8. Access to educational information;
9. Access to medical information;
10. Advising each other of a medical emergency;
11. Denigration clauses (preventing each parent from insulting the other to the children);
12. Preventing or permitting the other party from relocating too far away from their current residence;
13. Who is to care for the child if the other parent is unavailable;
14. Whether a passport is to be issued for the child and if so terms for signing application and safe custody;
15. Travel overseas or interstate clauses;
16. Changeover arrangements if at school or not at school.

If you are unable to come to an agreement concerning the child, you may need to make an application to the Court for Orders in relation to arrangements for the child.

Before applying for parenting orders, parents generally need to make a genuine attempt to resolve the dispute through family dispute resolution. A section 60I certificate is usually required, unless an exemption applies. Urgency, family violence and child abuse are among the circumstances that may support an exemption.

If the other parent refuses to attend, or mediation is not suitable, an accredited practitioner may still be able to issue a certificate. The type of certificate depends on the circumstances.

The mediation needs to occur with a qualified family dispute resolution practitioner. Mediation can be obtained through private organisations or government funded organisations. Both organisations have their advantages and disadvantages.

Costs and waiting times vary. Private services set their own fees, and government funded services may charge according to income and capacity to pay. Ask the provider about availability, costs and whether a lawyer or support person can attend.

If domestic violence or other safety concerns are present, tell the practitioner before mediation is arranged. They will assess whether the process is suitable. Get legal advice about safe options and any exemption from attending mediation.

The documents you need depend on the orders you seek and whether proceedings have already started. The Court’s current parenting application checklist sets out the required forms and supporting material. Applications are generally filed electronically. Filing fees and exemption requirements also need to be checked.

After filing, the documents must be served in accordance with the Court’s rules. Get advice about the requirements for your application.

The Initiating Application is the form to be used to outline for the Court the Orders you wish the Court to make. There will be two sections for you to list the Orders sought. The Orders will be Interim Orders and Final Orders. Interim Orders are those temporary orders you wish the court to make until the matter can go to a hearing. Final Orders are those you wish the court to make once the matter has reached a hearing. Both Interim and Final Orders can be the same or different depending on the circumstances.

The Affidavit is the evidence you want the court to consider when determining what orders to make. It is in essence your story. Set out relevant facts clearly, rather than assumptions or general accusations.

For example, explaining what was said and done, when it happened and who was present is more useful than simply saying “x abused me”. If you need to include information someone else gave you, get advice about whether and how it can be used.

It is also important that the paragraphs are numbered and succinct. There are rules about the number and length of affidavits, particularly for interim applications. Check the Court’s affidavit guidance and any directions made in your case.

It is important to turn up on time for your matter. If you are late and your matter is heard you could run the risk of orders being made against you.

At an interim hearing, the Court generally deals with temporary arrangements using the filed evidence and the parties’ submissions. Follow the directions for your case about evidence, documents and attendance.

In addition to making orders to determine who the child should live with and spend time with on a temporary basis the Court may also make orders for the following issues:

At a final hearing, witnesses may be required to give evidence and be available for cross-examination. This is where the evidence is tested and each party attempts to put forward their own case to the judge. The judge will then consider the evidence and give a decision. The timing of the decision and written orders will depend on the case.

If one party does not comply with Court Orders it is open to a party to bring an application to the court for contravention of the orders.

Before doing so, read the exact wording of the orders and get advice about whether there has been a breach. Any later parenting plan or agreement may also need to be considered.

For example: the Orders state that you are to collect the child from the other party’s residence at the end of the other party’s time with the child. You and the other party then verbally agree to change these arrangements so that the other party will deliver the child to your residence at the end of their time with the child.

That verbal discussion does not itself rewrite the court order. If the other parent changes their mind, do not assume that failing to deliver the child is a breach. The wording of the order and the effect of any later arrangements need to be checked.

Where it is safe and appropriate, a letter can identify the clause you believe has been breached, explain what happened and ask for the problem to be resolved. Get advice before contacting the other parent if there are safety concerns or restrictions on contact.

A person bound by an order may contravene it by deliberately not complying or by failing to make a reasonable attempt to comply. A person who is not bound by the order may also contravene it by deliberately preventing compliance or helping someone else breach it.

The Court considers the circumstances. For example, a person may have reasonably believed their actions were necessary to protect someone’s health or safety, and acted for no longer than necessary. Not understanding an order is not automatically an excuse; the Court must consider whether the person ought to be excused.

Seek legal advice before bringing a contravention application. Family dispute resolution may be required unless an exemption applies. If you or your child are in immediate danger, call 000.

The Court’s response depends on the circumstances and whether a breach and reasonable excuse are established. Some orders to help resolve parenting arrangements do not require a finding of contravention. Possible outcomes include: