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Parenting orders
From 1 July 2006, parenting orders replaced other orders relating to children, including 'residence', 'contact' and 'specific issues' orders.
A parenting order is a court order that sets out particular responsibilities regarding children. Before you make an application for a parenting order, you must try to sort out an agreement with your former partner (or other people involved). See ‘Family dispute resolution’ (link below).
A parenting order may cover:
- which person the children will live with
- who the children spend time and communicate with
- any other issues relevant to the care of the children, such as schooling or medical treatment.
Parenting orders can also include the process to be used to sort out disagreements about the order later. If there are more than two people sharing parental responsibility, a parenting order can include how they will communicate with each other.
Parenting orders can be made through the court by 'consent' (where you both agree), or made by the court after a trial or hearing where special rules apply to help the court to make a decision.
You will be asked by the judge or federal magistrate what you think is best for the children. Your view will be taken into account but the court must make a decision on the basis that the most important factor is what is in the best interests of the child.
If it is important for a particular issue to be sorted out or the situation is urgent, 'interim' (temporary) parenting orders can be made. These can be altered at any time by the court before or at the final hearing.
Changing (or making) parenting arrangements may affect the amount of child support you receive. Get legal advice.
More information
Dispute resolution and parenting orders
Parenting orders – what the court considers
Parenting orders and family violence