Parenting orders are legally binding arrangements about children after separation. Understanding the usual pathway can reduce uncertainty and help you plan your next steps with more confidence.
Step 1: Try to reach agreement (where appropriate)
Many parents begin by discussing arrangements directly or through lawyers. The goal is to reach a workable routine that supports children and reduces conflict.
Step 2: Family dispute resolution (mediation)
If direct discussion is difficult, many families use mediation or family dispute resolution to help negotiate arrangements. This can be a structured way to resolve key issues without Court involvement.
Step 3: Formalise agreement (parenting plan or consent orders)
If parents reach agreement, it can be recorded in a parenting plan (flexible) or formalised as consent orders (legally binding).
Step 4: Court process (when agreement isn’t possible)
If agreement is not possible, the Court can make parenting orders after considering evidence and applying the best interests framework. Court is usually the last resort, particularly where safety issues or repeated non-compliance make informal arrangements unrealistic.
Common issues addressed in orders
- Where children live and when they spend time with each parent
- Changeover logistics (time, place, who attends)
- Communication and information-sharing
- School holidays, birthdays, and special events
- Decision-making for education, health, and travel