When separated parents can’t agree on parenting arrangements, the Family Court can step in and make a decision for them. That decision is called a Parenting Order.

Parenting Orders are legally binding—and both parents must follow them. These orders are all about what’s best for the child, not what either parent wants.

This page explains what Parenting Orders cover, how they’re made, and what happens if someone doesn’t follow them.

What Is a Parenting Order?

A Parenting Order is a court ruling that says how separated parents must care for their children. It might be:

• Agreed between both parents (Consent Orders), or

• Decided by a judge after a hearing

Once made, both parents are legally required to follow the order.

What Can a Parenting Order Include?

A Parenting Order can cover:

• Who the child lives with

• When and how the child sees the other parent

• Schooling, religion, and health care

• Overseas travel

• How parents communicate with each other

Example:
Karen and Luke couldn’t agree on when their son should stay over. After a court hearing, the judge ordered week-on/week-off shared care, and both parents had to stick to it.

How Are Parenting Orders Made?

There are two ways:

1. Consent Orders – When both parents agree and ask the court to make it official

2. Court Orders after a hearing – If parents can’t agree and the court has to decide

Before going to court, you’ll usually need to try Family Dispute Resolution (FDR) first—unless there are urgent safety concerns.

What Happens If a Parent Doesn’t Follow the Order?

Breaching a Parenting Order is serious. If one parent doesn’t follow the order:

• The other parent can apply to enforce it in court

• The court may issue warnings, fines, or even change the parenting arrangements

• Repeated breaches could lead to more serious penalties

Example:
Jason refused to let his kids visit their mother, despite court orders. The court warned him, and when he still didn’t comply, it changed the children’s living arrangements.

Can Parenting Orders Be Changed?

Yes—but only if there’s been a significant change in circumstances. For example:

• One parent moves far away

• A child’s needs change

• Safety concerns arise

You’ll need to apply to the court for a variation—and prove why the change is necessary.

Final Thought

Parenting Orders are designed to protect your child’s stability and routine. They’re not about “winning”—they’re about making sure your child gets the care and support they need from both parents.

At Aussie Divorce, we explain Parenting Orders in plain English—so you know what they are, how they work, and how to stay on the right side of the law.