When parents separate, there are many decisions to make about your children’s day-to-day life. If you can’t agree on those arrangements, the Family Court can issue parenting orders to set clear rules.

This page explains the different types of parenting orders the court can make under Australian family law—so you know what to expect and how they apply to your situation.

What Can Parenting Orders Cover?

Parenting orders are flexible. They can include anything related to a child’s care and welfare, including:

1. Living Arrangements
Where the child lives most of the time.
Example: “The child lives with Mum Monday to Friday, and with Dad on weekends.”

2. Time Spent with the Other Parent
How often and for how long the child sees the other parent.
Example: “The child spends every second weekend and half of school holidays with Dad.”

3. Parental Responsibility
Who makes major decisions about education, health care, religion, and more.
Usually, both parents have equal shared parental responsibility unless there are safety concerns.

4. Communication
How the child communicates with the parent they’re not living with—phone, video calls, messages, etc.
Example: “The child will have a video call with Dad every Wednesday evening.”

5. Special Conditions
The court may also include specific conditions—for example, supervised visits if there’s a history of conflict, or rules about pick-up/drop-off.

Real-Life Example

Case Study: Shared Care with Flexibility.

Tom and Lucy separated two years ago and share parenting of their daughter. The court made a parenting order that she lives with each parent on a week-on, week-off basis during school terms, but stays with Lucy during school holidays so Tom can travel for work. The order also gives both parents equal say in education decisions.

What Happens If You Don’t Follow a Parenting Order?

Parenting orders are legally binding. If a parent doesn’t follow the order (e.g., refuses contact or changes arrangements without agreement), the other parent can apply to the court to enforce the order.

The court may issue a warning, vary the order, or—if it’s serious—impose penalties.

Can Parenting Orders Be Changed?

Yes. If your situation changes—like a parent moving interstate or changes in a child’s needs—you can apply to vary the parenting order. You’ll usually need to try mediation first unless there’s a risk of harm or urgency.

Parenting Plan vs Parenting Order

• A Parenting Plan is a written agreement between parents—not legally enforceable.

• A Parenting Order is made by the court and must be followed.

If you agree on changes, you can turn your parenting plan into Consent Orders to make it official.