Family Law Services › Child Custody & Parenting Orders
Child Custody & Parenting Orders in Australia
Australian family law does not use the term "custody" — instead, the Family Law Act 1975 focuses on parenting arrangements and what is in the best interests of the child. Whether you need a parenting plan, a court-ordered parenting order, a recovery order, or urgent orders to protect a child — get connected with a family lawyer today.
⚠ If a child is at risk of harm, or a parent is planning to relocate or withhold a child, urgent interim orders can be obtained quickly. Submit your request now and mention the urgency.
What We Help With
Parenting and children's matters — every stage covered.
From agreed parenting plans and consent orders to urgent recovery orders and contested relocation disputes — a family lawyer ensures parenting arrangements reflect your children's best interests and your legal rights.
Parenting Orders
Court-ordered parenting arrangements covering where a child lives, time spent with each parent, communication, and decision-making responsibility — made by the FCFCOA.
Consent Orders (Parenting)
Formalising agreed parenting arrangements as consent orders — legally binding and enforceable, without the cost or delay of a contested court hearing.
Recovery Orders
Urgent court orders requiring the return of a child who has been unlawfully withheld by a parent or third party — enforceable by Federal Police.
Relocation Disputes
Where one parent wants to relocate with a child interstate or overseas — including urgent injunctions to prevent relocation before a court order is in place.
Changing Existing Orders
Varying or discharging existing parenting orders where there has been a significant change in circumstances — including where a parent has breached an order.
International Child Abduction (Hague)
Recovering children taken overseas without consent under the Hague Convention on International Child Abduction — including urgent applications to the Family Court.
What the Law Says
The best interests of the child — Australia's guiding legal principle.
All parenting decisions in the Australian family law system are governed by the "best interests of the child" standard under section 60CC of the Family Law Act 1975.
Section 60CC — the "best interests of the child" test
Under the amended Family Law Act (2023 reforms), courts now assess a child's best interests by reference to a single list of factors — including the child's safety, the benefit of meaningful relationships with both parents, the child's own views (age-appropriately), cultural and other needs, and any history of family violence or abuse. The previous "primary" and "additional" considerations framework was replaced in 2023 to give courts greater flexibility.
Equal shared parental responsibility is no longer the starting presumption
The 2023 amendments to the Family Law Act removed the presumption of equal shared parental responsibility. Courts now assess parental responsibility without a pre-set starting point — focusing purely on what arrangement best serves the child's interests. This is a significant change from the previous law and affects how new parenting orders should be framed.
Section 60I — Family Dispute Resolution before applying to court
In most parenting cases, parties must attempt Family Dispute Resolution (mediation) and obtain a section 60I certificate before filing a parenting application in the FCFCOA. The FDR requirement is waived in cases involving family violence, child abuse, urgency, or where one party is unable to participate. Applying for a section 60I certificate and attending FDR is typically a prerequisite to starting court proceedings.
Urgent interim parenting orders can be obtained quickly
Where a child is at immediate risk — from family violence, abduction, relocation, or significant harm — the FCFCOA can make urgent interim parenting orders without the FDR requirement. Applications can be made on short notice or without notice to the other party in genuine emergencies. These orders remain in place until a full hearing, giving the applying parent immediate protection while the matter is resolved.
Breaching a parenting order is a serious offence
Contravention of a parenting order — including withholding a child, relocating without consent, or failing to comply with communication provisions — is taken seriously by courts. The contravening parent can face fines, make-up time orders, community service, or imprisonment for serious contraventions. A family lawyer can advise on whether an urgent contravention application is appropriate and how to document breaches effectively.
Independent Children's Lawyer (ICL) may be appointed
In complex or contested parenting cases involving risk of harm, abuse allegations, or significant conflict, the court may appoint an Independent Children's Lawyer (ICL) to represent the child's interests. The ICL is not the child's legal representative — they act as an advocate for the child's best interests in a separate capacity. ICL appointments are common in cases involving protective concerns or parental alienation allegations.
How It Works
One request. The right family lawyer.
Describe your situation — what parenting arrangements are in dispute, any safety concerns, and whether there are existing orders. A family lawyer will follow up for a free consultation.
Submit Your RequestDescribe the parenting dispute
Include key facts — the ages of children, what arrangements are in place, what is being disputed, any existing orders, and whether there are safety concerns or urgency.
Matched to a family lawyer
Your request is matched to a family lawyer with experience in parenting matters — including urgent applications, contested hearings, and complex relocation disputes.
Free consultation arranged
A family lawyer contacts you for a free, confidential consultation — advising on your options, urgency, and the pathway to formalising or changing parenting arrangements.
Common Questions
Parenting orders — frequently asked questions.
What is the difference between "custody" and "parenting orders" in Australia?
Australian family law no longer uses the term "custody." The Family Law Act 1975 refers to parenting orders — which cover where a child lives (formerly "residence"), time spent with each parent (formerly "contact"), parental responsibility (decision-making authority), and communication. The shift in language reflects a focus on the child's needs rather than parental rights.
What age can a child decide which parent to live with in Australia?
There is no fixed age at which a child can decide. Courts consider a child's views as one of many factors under the best interests test — and place more weight on older, more mature children's preferences. Even a teenager's preference is not determinative if the court decides a different arrangement better serves their long-term interests. A family lawyer can advise on how a child's views will be considered in your specific case.
Can I stop my ex from taking our child interstate?
If there are no existing parenting orders, the other parent can technically relocate with the child — but you can apply urgently for an injunction or parenting order to prevent this. If parenting orders are in place and restrict relocation, the other parent would be in breach. An urgent application to the FCFCOA can be made within days in genuine emergencies. Early legal advice is critical when relocation is threatened.
Do I need to go to court for parenting arrangements?
Not necessarily. Many families resolve parenting arrangements through negotiation, mediation (FDR), or collaborative law — and formalise the outcome as consent orders without a court hearing. Court proceedings are required when parties cannot agree or where there is urgency or safety concerns. A family lawyer can advise on whether your matter can be resolved without litigation.
What happens if my ex breaches a parenting order?
You can apply to the FCFCOA for a contravention order. Courts take order breaches seriously and can impose penalties ranging from make-up time and fines to community service and imprisonment for serious or repeated contraventions. Document each breach carefully, including dates, what was said or done, and any witnesses. A family lawyer can advise on whether a contravention application is appropriate.