by Innojustice Lawyers | Family Law
What Are Parenting Orders?
Parenting orders are legally binding decisions made by a court that outline how separated parents will care for their children. These orders can include:
- Who the child lives with
- When and how they spend time with each parent
- How communication is maintained
Their purpose is to ensure the child’s safety, emotional well-being, and a stable routine. Under Australian law, both parents must actively follow the terms of the order—especially when the child is scheduled to spend time with the other parent. A parenting order remains in effect until changed by a new court order or a registered parenting plan. Verbal or informal agreements cannot override a court order.
Parenting Orders vs. Parenting Plans
- Parenting Plan: A written agreement between parents that sets out the care arrangements for the child. It’s not legally enforceable.
- Parenting Order: A court order when parents cannot reach an agreement, they will need to apply to the Family Court or the Federal Circuit Court. It is legally binding—you must follow it.
More details: Queensland Government – Child Custody [1]
How to 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 can’t agree, the court will decide after Family Dispute Resolution (mediation).
What Does the Court Consider?
The court’s top priority is the child’s best interests, including:
- Protection from harm
- A 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’s a significant and unforeseen change affecting the child. You must apply to the court and explain why the change is necessary.
Common Mistakes to Avoid
- Ignoring the order – It’s legally binding.
- Relying on verbal agreements – These don’t override court orders.
- Moving without permission – You must have the other parent’s agreement or a court order.
What If the Other Parent Breaks the Order?
You can ask the court to intervene. Possible outcomes include:
- Requiring them to attend a parenting course
- Changing the order
- Imposing fines or other penalties
Take-Home Message – Do You Need a Lawyer?
The child’s best interests must always guide parenting arrangements. A Parenting Plan may work well in cooperative situations, offering flexibility. A Parenting Order provides legal certainty and protection when needed.
Given the emotional and legal complexities, it’s strongly recommended to seek independent legal advice.
Innojustice Lawyers Pty Ltd can help you navigate this process, ensure compliance, and support arrangements that promote fairness and stability.
Disclaimer
This article offers general information and does not constitute legal advice. External links (if any) are provided to support understanding.