Parenting orders: what they are and how to get one

Last checked: 31 October 2026

The short answer

A parenting order is a court order about children, such as who they live with, the time they spend with each parent, and who makes big decisions. You can get one by agreement (consent orders) or by asking the court to decide. The court's main question is what is in the child's best interests. Since 6 May 2024, the law no longer presumes that parents should have equal shared parental responsibility.

Key dates and time limits

• Before filing an Initiating Application for parenting orders, you usually need a section 60I certificate from a family dispute resolution practitioner.
• There is no fixed time limit to apply for parenting orders while the child is under 18.

Step by step

1. 1

   Know the three kinds of arrangement

   A parenting plan is a written agreement, signed and dated by both parents, made free from threat, duress or coercion. It is not a court order. Consent orders are your agreement made into court orders. Court orders are made by a judge when parents cannot agree.

2. 2

   Understand what the court looks at

   The court must consider: what arrangements keep the child and each carer safe, including from family violence; the child's views; the child's developmental, psychological, emotional and cultural needs; each person's capacity to meet those needs; and the benefit of a relationship with parents and other important people, where safe. It can also consider anything else relevant. For an Aboriginal or Torres Strait Islander child, it must also consider the child's right to enjoy their culture.

3. 3

   Know about decision-making

   The old presumption of equal shared parental responsibility was removed on 6 May 2024. An order can now give joint or sole decision-making on major long-term issues, such as schooling, religion, health and a child's name. If decision-making is joint, parents must consult and make a genuine effort to agree.

4. 4

   If you agree, apply for consent orders

   File an Application for Consent Orders and a signed copy of the orders you want. The court still checks that the orders are in the child's best interests. Get legal advice on the wording first.

5. 5

   If you do not agree, try family dispute resolution

   You must usually attend family dispute resolution and get a section 60I certificate before you file. Exemptions include family violence, child abuse and urgency.

6. 6

   File an Initiating Application

   You file on the Commonwealth Courts Portal with an affidavit, the section 60I certificate (or an affidavit seeking an exemption), a Notice of child abuse, family violence or risk, a Genuine steps certificate, a Parenting questionnaire and an Undertaking as to Disclosure. You then serve the documents on the other party.

7. 7

   Changing an order later

   You can change orders by agreement, either by consent orders or by a later parenting plan, unless the order says otherwise. If you do not agree, the court will consider whether there has been a significant change of circumstances since the final order.

Who can help

Forms and the law