by Innojustice Lawyers | Family Law
16 June 2025
What are Parenting Orders?
Parenting orders are legal directives issued by a court that outline how separated parents should care for their children. These orders may include:
- Who the child lives with
- When the child spends time with each parent
- How the child maintains communication with each parent
The purpose of these orders is to ensure the child’s safety and provide a stable routine. Both parents are expected to actively comply with the terms of the parenting order. Passive compliance is not acceptable—especially when the child is scheduled to spend time with the other parent.
A parenting order remains in effect until it is formally changed by a new court order or a registered parenting plan. Informal agreements between parents do not override court orders; any changes must be made through the court.
Family Law in Queensland is governed by both the Family Law Act 1975 (Cth)(https://www.legislation.gov.au/C2004A00275/2019-03-10/text) and the Child Protection Act 1999 (Qld) https://www.legislation.qld.gov.au/view/html/inforce/current/act-1999-010)
Parenting Orders vs. Parenting Plans (https://www.qld.gov.au/law/crime-and-police/abuse-family-matters-and-protection-orders/child-custody)
Parenting Orders vs. Parenting Plans
More info from QLD Government
- Parenting Plan: A written agreement between parents outlining care arrangements. It is not legally enforceable.
- Parenting Order: A court-issued directive when parents cannot agree. It is legally binding and must be followed.
How Do You Get a Parenting Order?
- By Agreement (Consent Orders): If both parents agree, they can apply to the court to formalise the arrangement.
- By Court Decision: If parents cannot agree, the court will decide after mediation (called Family Dispute Resolution).
What Does the Court Consider?
The court prioritises the child’s best interests, including:
- Protection from harm
- A safe and meaningful relationship with both parents
- Each parent’s ability to care for the child
- Any history of violence or safety concerns
Can Parenting Orders Be Changed?
Yes, but only if there is a significant and unforeseen change that affects the child. The court must be convinced that the change is necessary.
Common Mistakes to Avoid
- Ignoring the order: You must comply with it.
- Relying on verbal agreements: These do not override court orders.
- Moving without permission: Do not relocate the child without the other parent’s consent or a court order.
What If the Other Parent Breaks the Order?
You can ask the court to intervene. Possible actions include:
- Requiring the parent to attend a parenting course
- Modifying the order
- Imposing fines or other penalties
Take-Home Message – Do You Need a Lawyer?
Under Australian family law, the child’s best interests are the guiding principle in all parenting arrangements. This includes ensuring the child’s safety, emotional well-being, and developmental needs.
- A Parenting Plan may be suitable when there is mutual trust and cooperation.
- A Parenting Order provides a legally enforceable structure, ideal for situations requiring clarity or protection.
Given the legal and emotional complexities, it is strongly recommended to seek independent legal advice.
Innojustice Lawyers Pty Ltd can offer tailored guidance and help develop arrangements that promote stability, fairness, and the child’s long-term welfare.
Contact us at [email protected] and we will respond as soon as practicable.
Disclaimer
This article provides general information and does not constitute legal advice. External links are included to support understanding. For advice tailored to your situation, please contact us or consult a legal support service in Queensland.