If you cannot agree with another parent or carer about parenting arrangements, you can apply to the court for a parenting order. This order can say where the children live, who they have contact with and other arrangements, like where they go to school.
Families and caring arrangements are different for everyone. This information applies to:
- biological, adoptive or intended parents
- step-parents and co-parents
- grandparents, relatives and kinship carers.
These issues can be stressful. Support is available. For more information, go to Other support for parenting arrangements.
Parenting orders
A parenting order is a court order that sets out arrangements for children.
It can include:
- who the children will live with
- who the children spend time with and communicate with
- other issues about the children’s care, such as schooling or medical treatment.
A parenting order can also include:
- steps for resolving disagreements about the order in the future
- how parents or carers who share responsibility for the children will communicate with each other.
You can apply for parenting orders through the Federal Circuit and Family Court of Australia. For information about how to apply, go to Applying for parenting orders.
Usually people must first try family dispute resolution before applying to the court. In some situations, family dispute resolution is not appropriate. To learn more, go to Using family dispute resolution.
What the court considers
When making a parenting order, the court’s main concern is the children’s best interests and safety.
The court considers many factors, including:
- the children’s safety and the safety of their carers
- the children’s views and needs
- each carer’s ability to meet the children’s needs
- the benefit to the children of having relationships with parents and other important people.
The court will consider any past family violence, abuse or neglect involving the children or any person involved in their care.
If the children are Aboriginal or Torres Strait Islander, the court will also consider whether the arrangements help them stay connected to:
- family
- community
- culture
- Country
- language.
For more information, go to Going to court for parenting orders.
Going to court for a parenting order can be expensive and time-consuming. It might take months before the court makes a parenting order. Get legal advice if you can.
Urgent parenting orders
If your situation is urgent, the court can make interim orders. These are temporary orders made before the court makes a final decision.
For example, you might need an interim order if there is a risk that children will be abducted.
For more information, go to Children: My application is urgent on the Federal Circuit and Family Court of Australia website.
Parenting orders and child support
Changing parenting arrangements can affect the amount of child support you receive or pay.
If you are concerned about how a change could affect child support, get legal advice before changing the arrangements.
To find information about legal services, go to Other support for parenting arrangements.
Explore our publications
Explore our related pages
- Parenting arrangements and child contact
- Using family dispute resolution
- Divorce, separation and marriage annulment
- Child support
- Going to court for a parenting order
Support from other organisations
- Family Relationships Online provides information and help on family relationship issues and parenting arrangements after separation. Go to Parenting agreements on their website or call their advice line on 1800 050 321.
- The Attorney-General’s Department has a handbook to help separated parents decide what arrangements are best for their children. Go to Parenting Orders: What You Need to Know.
- Services Australia’s Guide for newly separated parents has a helpful list of tasks you may want to do when going through a separation.
- If you need legal advice, you can find a private lawyer through the Law Institute of Victoria’s Legal Referral Service. Before hiring a private lawyer, see the Victorian Legal Services Board + Commissioner’s video and fact sheet about legal costs. Go to Six questions to ask about legal costs.
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