Understanding parenting orders

Part of the Court orders topic

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What you should know

The law encourages parents and other people interested in a child’s welfare to agree on care arrangements. These arrangements can be informal, or formalised through either a:

• consent order
• parenting order.

Both types of orders are legally binding.

Parenting arrangements can outline decisions including:

• where the child will live
• who they spend time with
• who they communicate with
• how they will be supported financially what their relationship with family members will be any other issues, such as schooling or medical treatment.

If 2 or more people share parental responsibility for long-term decisions, an order can include how the parents will communicate with each other about decisions for the child.

Consent orders

When both parents agree (consent) to the care arrangements, these can be formalised without having to go to court. The court recognises these arrangements with a consent order.

See Apply for a consent order.

Parenting orders

When parents do not agree on care arrangements, the court can decide what is in the best interests of the child. These arrangements are formalised in a parenting order.

If the situation is urgent, and arrangements need to be decided before the court date you can apply for interim parenting orders.

See Apply for a parenting order.

What the court considers

The court’s main concern is the child’s best interests, including:

• protection from physical or psychological harm (given the highest priority)
• the benefit of having both parents’ meaningful involvement in their life
• whether the parents should have ‘equal shared parental responsibility’ for long-term decisions about a child (unless child abuse, family violence or other issues are a factor)
• each parent’s attitude to their parenting responsibilities, such as paying child support or turning up for their time with the child.

There is no set age when children can decide where they live or who they spend time and communicate with. The law considers a child’s emotional and intellectual maturity and age when considering their wishes.