Parenting Matters

The best interests of the child are the Court’s paramount consideration when making a parenting order.

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There is no automatic rule that children must spend equal time with each parent. The law does not start from a fixed percentage of care or a presumption that one particular parenting arrangement will be best.

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The Court must consider factors including:

• what arrangements would promote the safety of the child and each person caring for the child;

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• any history of family violence, abuse, neglect or other harm;

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• any current or previous family violence orders;

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• any views expressed by the child;

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• the child’s developmental, psychological, emotional and cultural needs;

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• each person’s capacity to provide for those needs;

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• the benefit of the child having relationships with their parents and other significant people, where it is safe; and

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• anything else relevant to the child’s particular circumstances.

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For an Aboriginal or Torres Strait Islander child, the Court must also consider the child’s right to connect with and enjoy their family, community, culture, country and language.​

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Parents who reach agreement can record their parenting arrangements in a parenting plan or apply for consent orders.

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A parenting plan is a written agreement that is signed and dated by the parents. It can provide a flexible way to record parenting arrangements, but it is not legally enforceable.

Consent orders are parenting orders made by the Court with the agreement of the parties. They are legally binding and can be enforced if they are not followed. The Court will only make proposed parenting consent orders if it is satisfied that the orders are in the child’s best interests.

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The most appropriate option will depend on your family’s circumstances, the level of cooperation between the parties, whether there are existing parenting orders, and whether legally enforceable arrangements are required.

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