Is a parenting plan legally binding?

No. A parenting plan is a signed, dated written agreement, but it cannot be enforced like a court order. If parents later go to court, the court considers the terms of the most recent plan.

Do grandparents have a right to apply for parenting orders?

Yes. Under section 65C of the Family Law Act 1975 (Cth), a grandparent can apply for a parenting order, as can the child's parents, the child, or any other person concerned with the child's care, welfare or development.

Does a parenting order decide child support?

Usually not. Where the Child Support (Assessment) Act 1989 (Cth) applies, child support is assessed by Services Australia or set by a child support agreement, not by a parenting order.

Can a child choose which parent to live with?

A child does not choose, but the court must consider any views the child expresses under section 60CC(2)(b). The weight given to those views depends on the child's age, maturity and circumstances.

Can you change a final parenting order?

Yes, by agreement through a later parenting plan or new consent orders, unless the order says it can only be changed by the court. Without agreement, the court reconsiders a final order only if it is satisfied, after considering whether circumstances have significantly changed, that doing so is in the child's best interests (section 65DAAA).

Parenting Orders in Australia: Consent vs Court Orders

A parenting order is a court order under Part VII of the Family Law Act 1975 (Cth) that sets out who a child lives with, the time the child spends with each parent or other people, and how parental responsibility is shared. Parents who agree file an Application for Consent Orders, with a court fee of $215 as at September 2026. Parents who cannot agree must usually attempt family dispute resolution and obtain a section 60I certificate before filing an Initiating Application, with a court fee of $455 for parenting orders alone.

The first step is to try to reach agreement, through direct negotiation, a Family Relationship Centre or another family dispute resolution service. The Family Relationship Advice Line (1800 050 321) refers callers to local services. Whatever path is chosen, the court's paramount consideration is the best interests of the child (section 60CA). Family Lawyers in Australia advise on both consent orders and contested applications.

What can a parenting order include?

A parenting order can deal with any aspect of a child's care, welfare and development. Under section 64B(2), it can cover:

who the child lives with;
the time the child spends with each parent or another person, such as a grandparent;
the allocation of parental responsibility, including who makes decisions about major long-term issues;
how people who share responsibility consult each other;
the communication the child has with other people, such as phone and video calls;
the steps to take before applying to vary the order;
the process for resolving disputes about the order;
any other aspect of the child's care, welfare or development.

Major long-term issues include the child's education, religious and cultural upbringing, health, name, and changes to living arrangements that make it significantly more difficult for the child to spend time with a parent (section 4(1)).

Parenting order examples

Parenting orders are written as specific, workable terms. Common examples include:

"The child lives with the mother."
"The child spends time with the father each alternate weekend from after school Friday until the start of school Monday."
"The child spends half of each school holiday period with each parent."
"The parents have joint decision-making responsibility for major long-term issues."
"Changeover takes place at the child's school, or at an agreed public place when school is not in session."
"The child may speak with the other parent by video call each Wednesday at 6 pm."

Under a joint decision-making order, each parent must consult the other and make a genuine effort to reach a joint decision on each major long-term issue (section 61DAA). A parent does not need to consult the other about issues that are not major long-term issues while the child is spending time with them (section 61DAB).

Consent orders, court orders or a parenting plan: what is the difference?

The difference is enforceability and how the arrangement is made. Consent orders and court orders are both enforceable court orders; a parenting plan is not.

Feature	Parenting plan	Consent orders	Court-ordered parenting orders
How it is made	Parents sign and date a written agreement (section 63C)	Parents agree; the court approves the terms	A judge decides after a contested case
Legally enforceable	No	Yes	Yes
Section 60I certificate needed	No	No	Yes, unless an exemption applies
Court fee (as at September 2026)	None	$215	$455 (parenting only), $610 with interim orders
Typical time	Days to weeks	Weeks to a few months after agreement	Many months to a final hearing
Easy to change	Yes, by a new plan	By new consent orders or a later parenting plan	By a later parenting plan or consent, otherwise the section 65DAAA test

A later parenting plan overrides an earlier parenting order to the extent they differ, unless the court has ordered, in exceptional circumstances, that the order can only be changed by the court (section 64D).

How do you get consent parenting orders?

You get consent parenting orders by agreeing on the terms, drafting them as proposed orders, and filing an Application for Consent Orders with the court. The steps are:

Firstly, agree on the arrangements, directly or through family dispute resolution.
Secondly, draft the proposed orders in clear, specific terms.
Thirdly, complete the Application for Consent Orders, which both parents sign.
Fourthly, file it with the Federal Circuit and Family Court of Australia (FCFCOA), or the Family Court of Western Australia in WA, and pay the $215 fee.
Fifthly, answer any request for more information. The court can require further information before making the orders, or dismiss the application, under rule 10.07 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

A section 60I certificate is not needed for consent orders (section 60I(9)(a)). When the court is asked to make orders by consent, it can, but is not required to, consider the best-interests factors in section 60CC (section 60CC(4)). The best interests of the child remain the paramount consideration (section 60CA).

How do you apply for parenting orders if you cannot agree?

You apply for parenting orders by attending family dispute resolution, obtaining a section 60I certificate, and filing an Initiating Application with supporting affidavits. Under section 60I(7), the court does not accept the application for filing without the certificate unless it grants an exemption.

What does the section 60I certificate say?

A registered family dispute resolution practitioner issues one of five certificates under section 60I(8): the other party refused or failed to attend; dispute resolution was not appropriate; both parties attended and made a genuine effort; a party did not make a genuine effort; or dispute resolution began but it was not appropriate to continue. The type of certificate can affect later costs orders.

When is a certificate not required?

The court can grant an exemption from the certificate on the grounds in section 60I(9), which are that:

the application is for orders by consent;
the applicant is responding to the other party's application;
there are reasonable grounds to believe there has been, or is a risk of, child abuse or family violence;
the matter is urgent;
a party cannot participate effectively, for example because of incapacity or distance;
the application concerns a contravention of an order made in the last 12 months and the other person has shown serious disregard for it.

What happens after filing?

After filing, both parties complete the court's confidential online risk screen, known as the Lighthouse process, and a registrar uses the results to decide safety measures and case management. The court usually orders further dispute resolution, which its case management practice direction expects to happen within about 5 months of the start of proceedings. The court can appoint an independent children's lawyer to represent the child's interests (section 68L) and order a family report from a court child expert. Cases that do not settle proceed to a final hearing before a judge.

What are interim parenting orders?

Interim parenting orders are temporary orders that apply until final orders are made. They are sought in the Initiating Application or in a later Application in a Proceeding, which has a court fee of $155 as at September 2026. Interim orders deal with urgent questions, such as where the child lives or how changeovers happen, while the case moves towards a final hearing.

How does the court decide parenting orders?

The court decides parenting orders by asking what is in the child's best interests, the paramount consideration under section 60CA. Section 60CC(2) lists the general factors the court must consider:

arrangements that promote the safety of the child and of each person who cares for the child, including safety from family violence, abuse and neglect;
any views expressed by the child;
the child's developmental, psychological, emotional and cultural needs;
each carer's capacity to meet those needs;
the benefit to the child of a relationship with each parent and other significant people, where it is safe;
anything else relevant to the child's circumstances.

In considering safety, the court must include any history of family violence, abuse or neglect and any family violence order that applies or has applied (section 60CC(2A)). For an Aboriginal or Torres Strait Islander child, the court also considers the child's right to enjoy their culture (section 60CC(3)).

What changed on 6 May 2024?

The Family Law Amendment Act 2023 (Cth) changed the parenting framework from 6 May 2024. It repealed the presumption of equal shared parental responsibility (former section 61DA). It repealed the requirement to consider equal time or "substantial and significant time" (former section 65DAA). It replaced the best-interests factors with the shorter list in section 60CC. It also wrote the test for reopening final parenting orders into section 65DAAA.

Is there 50/50 custody in Australia?

There is no presumption of 50/50 care in Australia. Each parent has parental responsibility for a child under 18 unless a court order changes it (section 61C), and parenting orders are not made for children aged 18 or over (section 65H). However, the time a child spends with each parent depends only on the child's best interests. Equal time is ordered where it suits the particular child and is safe and practical, not because it is a starting point.

What if you are served with a parenting application?

A parent who is served files a Response to the Initiating Application, setting out the orders they seek, with supporting affidavits. The court fee is $455 as at September 2026. A respondent does not need a section 60I certificate to respond (section 60I(9)(a)(ii)). Both parties take part in the risk screen and any court-ordered dispute resolution, and the same best-interests test applies to both sides.

What happens if a parenting order is breached?

If a parenting order is breached, the other party can file an Application – Contravention. These cases are managed in a national list and are given a first hearing date within 14 days of filing. Under Division 13A of Part VII, the court can order make-up time, vary or suspend the orders, require attendance at a post-separation parenting program, and make further orders where the breach had no reasonable excuse.

Are parenting orders different in Western Australia?

The principles are the same, but the court is different. Parenting orders in WA are made by the Family Court of Western Australia, which also requires a family dispute resolution certificate before a contested parenting application unless an exemption applies. Consent orders and Initiating Applications in WA have the same fees as the FCFCOA as at September 2026: $215 for consent orders and $455 for parenting orders alone.

Related guides

Child Support in Australia explains assessments by Services Australia, which sit outside parenting orders.
How to Get a Divorce in Australia covers the court's check on arrangements for children before a divorce takes effect.
Property Settlement After Separation covers the separate process for dividing assets.

When to speak to a family lawyer about parenting orders

Speak to a family lawyer before signing proposed consent orders, when the other parent will not attend dispute resolution, when there are safety concerns, or when you have been served with an application. A lawyer can advise whether a certificate exemption applies and draft orders that work in practice. Compare Family Lawyers in Australia, or see Family Lawyers in Sydney, Family Lawyers in Melbourne, Family Lawyers in Brisbane, Family Lawyers in Perth and Family Lawyers in Adelaide.