Parenting orders explained: what the court actually decides.

Australian parenting law changed materially in May 2024. The presumption that parents should share decisions equally is gone. The court now decides what is in the child’s best interests on the facts, with no starting position.

The Family Law Amendment Act 2023 took effect on 6 May 2024 and changed the parenting framework substantially. The old presumption of equal shared parental responsibility — and the linked obligation to consider equal time — was removed. The court now decides each matter on the child’s best interests, with no statutory starting position. This guide explains what that means in practice.

The terminology

• Parental responsibility — who makes the major long-term decisions: schooling, religion, medical care, where the child lives.
• Live with — who the child lives with, and when. Replaces the older "residence" language.
• Spend time with — the contact arrangement with the other parent. Replaces "contact" and "access".
• Communicate with — phone, video calls, messages between parent and child.

Best interests: the new framework

Under s60CC of the Family Law Act 1975 as amended in 2024, the court must consider six general considerations when determining what is in a child’s best interests:

1. What arrangements promote the child’s safety, including safety from family violence, abuse, neglect, or other harm
2. Any views expressed by the child
3. The developmental, psychological, emotional and cultural needs of the child
4. The capacity of each person who has or is proposed to have parental responsibility to provide for those needs
5. The benefit to the child of being able to have a relationship with each parent and others significant to them
6. Anything else relevant to the particular circumstances

Safety takes priority. Where there are family-violence findings, the other considerations do not soften that — an arrangement that exposes the child or a parent to ongoing risk will not be made.

What the typical arrangement looks like

There is no statutory default. In practice, the arrangements that come out of consent orders and judgments tend to cluster:

• One parent primary, alternate-weekend contact — common for very young children or where logistics (distance, work patterns) preclude shared care
• Week-about — one week with each parent, common for school-age children where parents live nearby and the relationship between them is workable
• 5/2/2/5 — two consecutive weekdays with each parent and alternating weekends, popular for primary-school children
• Substantial and significant time — weekends, school holidays, and some weekday time, less than half but more than alternate weekends

How orders are made

Most parenting matters are resolved without a court hearing. The pathways:

1. Family Dispute Resolution with an accredited FDR practitioner. Mandatory before filing in court unless an exemption applies (urgency, family violence, child welfare concern). Costs $0 to $1,500 depending on practitioner.
2. Consent orders — if you agree, file the agreed orders for the court’s sealing. $185 filing fee, plus legal costs of $800 to $2,500.
3. Parenting plan — a written agreement that is not court-enforceable but is taken into account in any later proceedings.
4. Court application — where agreement isn’t reached. Initiating Application + Affidavit. The first court date is usually 4 to 8 weeks after filing.

Independent Children’s Lawyers and family reports

In matters involving complex issues, the court may appoint an Independent Children’s Lawyer (ICL) — a lawyer for the child whose role is to represent the child’s best interests independently. The ICL is funded by Legal Aid and is usually appointed where there are allegations of abuse, complex psychological issues, or entrenched parental conflict.

A family report — usually prepared by a court-employed family consultant or a private psychologist — assesses the family situation and makes recommendations. Family reports are influential but not binding. They cost $0 (court consultant) to $8,000 (private).

When to talk to a lawyer

Get advice if any of these are true:

• There is family violence or you are concerned about your or the children’s safety
• Your former partner is proposing to relocate with the children (interstate or overseas)
• You are being prevented from seeing the children
• You are considering signing a parenting plan and want to understand the implications
• You have an existing court order and you want to vary it