Parenting arrangements

Parenting orders that put children first.

Practical guidance on parenting arrangements, consent orders, and court proceedings under the Family Law Act 1975 (Cth).

Talk to a lawyer Call (07) 5554 6116

Every parenting arrangement after separation involves the same question at its core: what arrangements will best serve this child, now and into the future? The Family Law Act 1975 (Cth) answers that question through a single paramount consideration: the best interests of the child.

That principle sounds straightforward. In practice, reaching an arrangement that genuinely serves a child’s interests, is workable for both households, and holds up over time requires careful thought about the specific circumstances, not a standard formula.

Some families reach agreement through negotiation or family dispute resolution and formalise that agreement as consent orders filed with the Federal Circuit and Family Court of Australia. Others need the Court to make a decision. Most fall somewhere in between, with mediation doing most of the work and court proceedings resolving what mediation could not.

Fraser Lawyers advises parents at all stages of that process, from the initial separation conversation through to contested hearings.

Scope of work

What we help with

Fraser Lawyers assists with parenting and children's matters, including:

Matter: What it usually involves
Parenting consent orders: Agreement-based orders filed with the FCFCOA under Form 11
Contested parenting proceedings: Hearings where the parties cannot reach agreement on arrangements
Interim parenting orders: Temporary arrangements pending a final hearing
Parenting plans: Written, signed private agreements (not court-enforceable)
Family dispute resolution: Mediation to satisfy the s 60I requirement before filing
Variation of final orders: Applications to change existing orders where circumstances have significantly changed
Urgent applications: Injunctions and recovery orders where a child is at risk or has been retained
Relocation matters: Arrangements when one parent proposes to move with the child
Parental responsibility: Decisions about where children live, who they spend time with, and long-term decision-making
Family violence and safety: Arrangements where family violence or child safety is a live issue

The categories matter because they carry different procedural consequences. Consent orders are enforceable as court orders. A parenting plan is a private document that can displace existing orders if signed later, but cannot be enforced if breached. The right form depends on what the arrangement needs to do.

Most people do not need to know the procedural landscape in detail. What is useful is knowing early which path is open, how long it takes, and what it is likely to cost.

Process

What happens after you are charged.

The Family Law Act 1975 (Cth) applies to all parenting matters involving children under 18 in Australia, whether the parents were married, in a de facto relationship, or were never in a relationship at all.

The Act’s central framework is in Part VII. Section 60CA states the paramount consideration plainly: the best interests of the child.

Section 60CC sets out how that is assessed. Two primary considerations are weighted above all others:

The benefit to the child of having a meaningful relationship with both parents.
The need to protect the child from physical or psychological harm, including exposure to abuse, neglect, or family violence.

Where those two considerations conflict, protection from harm takes priority.

A wider set of additional considerations is listed in s 60CC(3): the child’s own views, the nature of the child’s existing relationships, the practical difficulty and expense of a proposed arrangement, each parent’s capacity to meet the child’s needs, any family violence history, and a range of other factors relevant to the child’s circumstances.

It is worth noting what the Act no longer contains. The former presumption of equal shared parental responsibility under old s 61DA was repealed by the Family Law Amendment Act 2023 (Cth) with effect from 6 May 2024. Parental responsibility is now assessed as part of the best interests inquiry, not as a starting presumption.

Pre-action requirement

Family dispute resolution before filing.

Before applying to the Court for a parenting order, the Family Law Act 1975 (Cth) requires most parties to make a genuine attempt at family dispute resolution. Section 60I provides that a Court must not hear a parenting application unless the applicant files a certificate from a registered FDR practitioner confirming that mediation was attempted or explored.

This is not a formality. The FDR requirement reflects the view that most parenting arrangements are better reached by agreement than imposed by a judge, and the evidence generally supports that. Arrangements that parents have shaped themselves tend to be more durable than those ordered after contested hearings.

The requirement does not apply in every case. Exemptions exist for urgency, for matters involving family violence or child abuse, where a party is unable to participate safely or effectively, or where there has been a contravention of an existing order. If any of those circumstances apply, an application may proceed without an FDR certificate.

Where FDR produces agreement, the next question is whether to formalise it as a parenting plan or as consent orders. Only consent orders are enforceable through the Court.

Changing existing orders

When final parenting orders can be reconsidered.

Final parenting orders are intended to be stable. The law discourages repeated litigation about arrangements that have already been resolved, because children benefit from settled circumstances and ongoing litigation is itself a source of harm.

Since 6 May 2024, the threshold for reconsidering final orders is codified in s 65DAAA of the Family Law Act 1975 (Cth), reflecting the longstanding principle established in Rice v Asplund (1979) FLC 90-725. Before the Court will reconsider a final parenting order, it must be satisfied on two matters: first, that there has been a significant change in circumstances since the orders were made; and second, that reconsidering the orders is in the best interests of the child.

What counts as a significant change is not defined by formula. Relevant factors include the length of time the original orders have been in place, the nature of the change proposed, and whether the child’s situation has materially altered in a way that was not anticipated when the orders were made.

Minor adjustments and circumstances that were already foreseeable when the orders were made are unlikely to clear this threshold. A genuine change in where a parent lives, a substantial shift in the child’s needs, or safety concerns that have emerged since the orders are the kinds of circumstances that courts have treated as significant.

Time limits

Deadlines and risks.

There is no strict limitation period for bringing a parenting application. However, delay has its own costs.

In interim applications, courts give weight to the status quo. A child who has been living in a particular arrangement for several months, even informally, has an established routine. A court will be cautious about disrupting that unless the circumstances warrant it. Waiting to take steps can inadvertently entrench an arrangement you did not choose.

The reverse is also true. Filing too quickly, before positions have been tested in mediation and the evidence is in order, rarely improves the outcome and commonly increases the cost.

Where there is immediate risk to a child, urgency takes priority. An urgent application without notice (ex parte) is available under s 114 of the Family Law Act 1975 (Cth). Recovery orders under s 67Q are available where a child has been wrongfully retained by one parent.

For cases involving family violence, Queensland DVOs made under the Domestic and Family Violence Protection Act 2012 (Qld) interact with federal parenting orders. Sections 68P to 68T of the Family Law Act 1975 (Cth) address that interaction. The orders from both systems need to be read together.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers advises on the full range of parenting matters, from drafting parenting plans and consent order applications through to representation in interim and final hearings.

The approach is direct. At the first meeting the aim is to understand the child’s current circumstances, the other parent’s position as best as it can be known, what both parties want, and what a realistic arrangement looks like given the legal framework. From that point the work is practical: preparing the right documents, filing correctly, attending FDR where required, and representing the client in court when necessary.

Blake Fraser, the firm’s principal, handles parenting matters personally. Queensland-based families are served from the Bundall office, with appearances in the Brisbane FCFCOA registry.

Practical

Documents to bring.

Children's birth certificates Or other proof of identity
Any existing parenting orders Consent or contested, including interstate orders
Any existing parenting plan Signed and dated copy
Any Queensland DVO or DFVP orders Protection orders, police protection notices
School and medical records Where relevant to the child's needs or current arrangements
FDR certificate (if obtained) From a registered family dispute resolution practitioner
Correspondence with the other parent Text messages, emails, letters about arrangements
Your own identification Driver's licence or passport
Notes of relevant incidents Dates, what happened, any witnesses, particularly for safety concerns

Pathway

The likely path.

Step 1 — Initial advice and assessment.

The first meeting covers the current arrangements, the other party’s known position, any safety concerns, and what orders you are seeking. The aim is to understand whether this is a matter that can be resolved through negotiation, whether FDR is the right next step, or whether an urgent application is needed. You leave with a clear view of the legal framework and a practical plan.

Step 2 — Family dispute resolution.

Unless an exemption applies, a genuine attempt at FDR is required before filing. This is a facilitated negotiation, not a hearing. Most parenting matters that resolve without litigation do so at this stage or shortly after it. If an agreement is reached, the next question is whether to formalise it.

Step 3 — Consent orders or filing.

If agreement is reached, an Application for Consent Orders (Form 11) is prepared and filed with the FCFCOA. A registrar reviews it to confirm it is in the children’s interests. If agreement is not reached, a parenting application is filed and an FDR certificate is lodged to satisfy s 60I.

Step 4 — First return and interim hearing.

The first court date is usually within four to six weeks of filing. The Court will identify what is in dispute, whether an interim order is needed to govern arrangements until final orders are made, and what procedural steps are required. Interim hearings are determined on affidavit material; no oral evidence is taken.

Step 5 — Family report and conciliation.

In contested matters a family consultant is usually appointed to prepare a family report. The report assesses the children’s needs and relationships and makes recommendations. It is influential but not binding. A conciliation conference typically follows, providing a further opportunity to resolve the matter before hearing.

Step 6 — Final hearing.

If the matter has not resolved, it proceeds to a final hearing with oral evidence and submissions. Most parenting matters settle before reaching this stage, but the preparation for hearing is what creates the conditions for that to happen.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

Do I need a court order, or will a parenting plan be enough?

It depends on the level of trust between the parties and how important enforceability is. A parenting plan is a written, signed private agreement. It is not a court order and cannot be enforced through the Court if one party does not comply. A consent order made by the Court is enforceable and carries consequences for breach. For most families, a consent order provides the certainty that makes an arrangement reliable over time.

What does "best interests of the child" actually mean in practice?

Section 60CC of the Family Law Act 1975 (Cth) sets out what courts consider. The two primary considerations are the benefit of a meaningful relationship with both parents and the need to protect the child from harm. Where those conflict, protection from harm takes priority. Beyond those two, courts look at the child’s own views, each parent’s capacity to meet the child’s needs, the practicalities of the proposed arrangement, any family violence history, and a range of other factors specific to the child’s situation.

Do we have to go to mediation before I can file in the Court?

In most cases, yes. Section 60I of the Family Law Act 1975 (Cth) requires parties to attempt family dispute resolution and obtain a certificate from a registered practitioner before filing a parenting application. Exemptions apply where there is urgency, family violence, child abuse, or where a party cannot participate safely or effectively. If your circumstances may fall within an exemption, that should be assessed before deciding whether to file or attend FDR.

Can I change a parenting order that was made several years ago?

Final parenting orders can be reconsidered, but there is a threshold to cross first. Since 6 May 2024, s 65DAAA of the Family Law Act 1975 (Cth) codifies the rule from Rice v Asplund (1979) FLC 90-725. The Court will not reconsider a final order unless it is satisfied that there has been a significant change in circumstances since the order was made, and that reconsidering the order is in the child’s best interests. Whether a particular change is “significant” is assessed in context.

My child is old enough to have a view. How much weight does the Court give to that?

The child’s views are one of the additional considerations under s 60CC(3). The weight given to those views increases with the child’s age and maturity, but the Court does not simply act on what the child wants. The Court also considers whether the child’s views have been formed freely or are influenced by one parent’s position. Older teenagers generally receive more weight than younger children, but there is no age at which a child’s preference is automatically determinative.

What happens if the other parent breaches the parenting orders?

Contravention of a parenting order is dealt with under Division 13A of Part VII of the Family Law Act 1975 (Cth). The Court has a range of responses available, from requiring the parties to attend post-separation parenting courses through to varying the order, imposing conditions, or, in serious cases, fining or imprisoning the contravening party. The appropriate response depends on whether the contravention was intentional and whether there was a reasonable excuse.

Can the Court make orders for children where there was no marriage or de facto relationship?

Yes. Part VII of the Family Law Act 1975 (Cth) applies to all children whose welfare is within the court’s jurisdiction, regardless of the nature of the parents’ relationship. The same best interests framework applies whether the parents were married, in a de facto relationship, or were never in a relationship at all.

Talk to Fraser Lawyers about parenting arrangements.

A brief initial conversation is usually enough to understand whether your situation needs a consent order, FDR, or an urgent application. Fraser Lawyers is based at 86 Bundall Road, Bundall, and appears in the Brisbane FCFCOA registry.

Call (07) 5554 6116 Send a short enquiry