Parenting arrangements
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When making a parenting order, the court must consider what is in the children’s best interests.
Generally, parents will be given equal shared parental responsibility, unless there has been child abuse or family violence.
If your children are in someone else's care and you think they are in danger, contact the police.
When to get legal advice
Get legal advice if:
- you or your children are at risk of harm
- you’re thinking about signing a parenting plan or consent orders, and before you file consent orders with the court
- you’re going to court to get a parenting order
- you have an existing court order and want to change the arrangements for your children
- you disagree about what’s in the child’s best interests
- you’ve signed a parenting plan or consent orders that you didn't agree with because you felt threatened or intimidated.
How to get legal advice
Parenting arrangements
Parents have responsibilities for their children. It doesn’t matter whether you are separated, divorced, re-married, re-partnered or were never in a relationship with the other parent.
When making arrangements for your children or applying for a parenting order, make sure the arrangement is practical and in the children’s best interests.
Learn what to consider when making parenting arrangements.
Parenting arrangements may cover:
- where the children live
- who the children spend time and communicate with
- schooling or childcare
- medical issues
- religious or cultural practices
- financial support for the children
- parental responsibility for the arrangements
- how those with parental responsibility will communicate with each other.
There are 3 different types of written parenting arrangements:
Who can be involved in parenting arrangements?
The law recognises every family is different and people other than parents (such as grandparents and extended family), may play an important role in the children’s lives.
Where it’s in the children’s best interests, grandparents, extended family and other people who are concerned with the welfare of children, can be included in a parenting plan, consent order or parenting order. Both parents must be part of any agreement or order in relation to the children.
See caring for children when you are not the parent for more information.
If you agree
If both parents agree, you don’t need to go to court to formalise your agreement. You can record your agreement as a parenting plan or consent order.
Parenting plans
A parenting plan is a written agreement that sets out the care arrangements for children. It’s signed and dated by the children's parents and is an informal way of agreeing on these arrangements.
It doesn’t have to be in any specific format or witnessed.
A parenting plan can be changed at any time by making another written agreement which is signed and dated by the children's parents.
Parenting plans aren’t legally enforceable. If you already have a parenting order or a consent order, a parenting plan made after the order will make any terms of the original order, which are varied, legally unenforceable. An exception to this is where the original order includes a rule that the order can’t be changed this way.
If you apply for a parenting order after making a parenting plan, the court doesn’t have to follow the parenting plan, but the court will consider it when deciding what kind of orders to make.
Consent orders
You can make your agreement legally binding by applying to the court for consent orders—a written agreement (or parenting plan) approved by the court. Consent orders have the same legal effect as other parenting orders.
To apply for consent orders:
- Complete the Application for consent orders kit
- Draft your proposed orders
- Get your documents witnessed
- Submit your witnessed documents through the Commonwealth Courts Portal and pay the filing fee.
If the court approves your application for consent orders, a court seal will be placed on the consent order documents and both parents will be given a copy.
Consent orders can only be changed by a further consent order, parenting plan or parenting order.
Online separation service—Amica
Amica is a secure online service developed by National and State Legal Aid commissions that helps separating couples to:
- make parenting arrangements if they have children
- divide their money and property simply.
The service:
- guides you through a step-by-step process, and offers you information and support along the way to help you reach an agreement
- can help you negotiate and communicate online with your former partner to reach an amicable agreement. If you can agree on a property settlement and parenting arrangements with your former partner, you can potentially save money on legal costs.
Amica is not suitable to split/divide superannuation.
Find out more about Amica
If you disagree
If you disagree, you can apply to the court for a parenting order. This should be a last resort if all attempts to come to an agreement fail.
Parenting orders
A parenting order is an order made by the court about your parental responsibilities and arrangements for your children.
The Family Law Act sets out what the court must consider when deciding what kind of parenting orders to make.
A parenting order is legally enforceable and there can be serious consequences for disobeying an order.
To apply for a parenting order
- Get legal advice
- Generally, attend family dispute resolution
- If you are still unable to agree on a parenting arrangement
- Complete the Initiating Application kit and attach your certificate from your family dispute resolution practitioner saying that you’ve been to, or attempted to go to, family dispute resolution, or that it’s their opinion that it’s not appropriate
- Submit your application through the Commonwealth Courts Portal and pay the filing fee.
How to get legal advice
We may give legal advice about making agreements for arrangements that involve children.
Contact us
Other places to get legal advice:
Who else can help?
Related information
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
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