When parents separate, one of the biggest questions is: “What happens with the kids?”

In Australia, the law focuses on what’s in the best interests of the child—not the preferences of either parent. If you can’t agree on parenting arrangements, the Family Court can make a Parenting Order to set clear rules.

This page explains parenting orders in plain English, so you can understand what they mean, how they work, and what to do if you need one.What Is a Parenting Order?

A parenting order is a legal decision made by the Family Court that sets out parenting arrangements after separation or divorce. It tells each parent (or guardian) what their responsibilities are.

A parenting order can include things like:

• Where the child lives

• How much time the child spends with each parent

• How parents make big decisions (like schooling or healthcare)

• What kind of communication each parent has with the child

It’s a legally binding order, which means it must be followed. If someone doesn’t follow it, they could face serious consequences.

Do You Always Need a Parenting Order?

No. If you and your ex agree on arrangements, you can:

• Make a Parenting Plan (informal, not legally enforceable), or

• Apply for Consent Orders (legal orders made by agreement, without a court hearing)

But if you don’t agree, or one parent isn’t sticking to the plan, you may need to apply for a parenting order through the Family Court.

Real Example

Case Study
After separating, Sarah and Mark couldn’t agree on who their two kids would live with during the school term. Sarah wanted full-time care, while Mark wanted a week-on, week-off schedule. After failed mediation, they went to court. The judge considered what was best for the kids—balancing stability, schooling, and emotional wellbeing—and made a parenting order giving Sarah primary care, with Mark having weekends and school holidays.

How Do You Apply for a Parenting Order?

1. Try Mediation First
   In most cases, you must attempt Family Dispute Resolution (FDR) with a registered mediator before applying to court. If it fails, you’ll get a certificate to allow you to proceed.

2. Prepare and File an Application
   You file an Initiating Application with the Federal Circuit and Family Court of Australia (FCFCOA). You’ll also need to provide an affidavit explaining the situation and why you’re seeking the order.

3. Attend Court Hearings
   A judge will review your application. Sometimes, an Independent Children’s Lawyer is appointed, or a Family Report is requested to assess the children’s needs.

4. The Court Makes a Decision
   The court looks at what’s best for the child, not what’s “fair” to parents. The final parenting order is legally enforceable.

What Does the Court Consider?

The court’s top priority is the child’s best interests. It considers things like:

• The child’s relationship with each parent

• The child’s views (depending on their age and maturity)

• Any history of family violence or abuse

• The ability of each parent to meet the child’s needs

Do You Need a Lawyer?

You can apply on your own—but it helps to get legal advice before going to court. Especially if family violence, relocation, or complex parenting issues are involved.