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This fact sheet explains parenting orders and how separated parents can sort out parenting arrangements for their children. Print version: |
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If you and your former partner can agree on parenting arrangements you can file an application for consent orders.
If you disagree you can apply to the Family Court, Federal Magistrates Court or State Magistrates Court for parenting orders.
Parenting after separation or divorce
Under the law both parents have responsibility for decisions about the care, welfare and development of their children. These responsibilities last until the child turns 18 years of age.
Counselling and family dispute resolution services are available to help you discuss future arrangements for your children. Special arrangements may be necessary if there was domestic violence in your relationship with the other parent. Discuss this with a counsellor, family dispute resolution practitioner or lawyer.
Parents should agree on how to divide certain parental responsibilities. If the matter goes to court, the court will consider the children’s best interests and make orders about these responsibilities. The law strongly encourages parents to agree on parenting arrangements.
Parenting order
The Family Court, Federal Magistrates Court or State Magistrates Court may make an order if it is satisfied that the order is in the best interests of the children.
Parenting orders cover:
- where a child lives
- who a child spends time with or communicates with
- child maintenance
- other matters relating to a child’s welfare.
The child, parents, or any other person concerned with the care, welfare and development of the child may apply to the Family Court, Federal Magistrates Court or State Magistrates Court for a parenting order.
It is important to remember that both parents have parental duties and responsibilities for their children unless those duties and responsibilities have been changed by a parenting order.
A parenting order may also cover anyone else who is important to the child, including grandparents and extended family members.
The child has a right to spend time and communicate with and have a meaningful relationship with both parents and other people significant in their care, welfare and development, provided it is in the child’s best interests. This may affect a parent who wishes to live elsewhere in Australia or overseas.
Child maintenance order
You can only include a provision for child maintenance in a parenting order if all the children from that relationship were born prior to 1 October 1989 and you separated before 1 October 1989. Otherwise you need to contact the Child Support Agency to work out child support arrangements, phone 13 12 72.
Other orders
Parents can agree or the court may order that one parent have responsibility for making decisions about major long-term issues, for example what school a child attends or what doctor they will visit.