If you and your ex can’t agree on parenting arrangements, the next step may be court. That might sound scary—but the Family Court is focused on one thing: what’s best for your child.

This page explains how the court process works when children are involved, what the judge considers, and how to prepare—without legal jargon.

When Do You Go to Court?

Court is usually the last resort, after other options like:

• Mediation or Family Dispute Resolution (FDR)

• Parenting plans or informal agreements

If these don’t work—or there are serious safety concerns—either parent can apply to the court for Parenting Orders.

What Are Parenting Orders?

These are court decisions that can cover:

• Who the child lives with

• How much time they spend with each parent

• Schooling and health decisions

• Travel and holidays

• How parents communicate about the child

Example:
Maria and Jake couldn’t agree on parenting time. The court issued orders giving their daughter week-on/week-off care during school terms and rotating holidays.

What Does the Court Consider?

The court’s top priority is always the best interests of the child.

That includes:

• The child’s right to have a meaningful relationship with both parents

• The need to protect the child from harm (physical or emotional)

• The child’s age, maturity, and views (if old enough)

• Stability and practical arrangements

• The ability of parents to cooperate

Will Children Be Asked What They Want?

Sometimes. A family consultant or psychologist may interview the child and provide a report to the court.

This helps the judge understand the child’s feelings—without putting them directly into the middle of the conflict.

How Long Does It Take?

Family court cases can take months—or even years—for a final decision. But interim (temporary) orders can be made early on to keep things stable while you wait.

Tip: Be prepared with documents, communication records, and a focus on your child’s needs—not your ex’s faults.

Final Thought

Going to court about your children can be emotional—but it’s often necessary when other paths have failed.

The goal isn’t to “win”—it’s to find an arrangement that helps your child feel safe, loved, and supported.

At Aussie Divorce, we explain how court works in plain English, so you know what to expect and how to prepare.