Chris
22 Apr 2025
Understanding Parenting Orders in Melbourne
When a relationship breaks down and children are involved, one of the most important and emotionally sensitive issues to resolve is how parenting arrangements will work moving forward. In Melbourne, and across Australia, these arrangements are governed by the Family Law Act 1975, with the goal of ensuring that children’s best interests are always the primary concern.
If parents are unable to agree on parenting arrangements, they may need to apply to the Federal Circuit and Family Court of Australia for what is known as a Parenting Order.
What Is a Parenting Order?
A Parenting Order is a set of legally binding directions made by the court about the care and responsibilities for a child. These orders can cover a wide range of matters, including:
Who the child will live with
How much time the child will spend with each parent (or other significant people)
How parental responsibility will be shared
How communication will occur between the child and the other parent (e.g., by phone, video call, or messaging)
Other matters related to the child’s welfare, education, religion, travel, or health
Parenting Orders can be made by consent (when both parties agree and ask the court to formalise their arrangement) or after a contested hearing (when the court decides what is best for the child).
The Principle of the "Best Interests of the Child"
Under the Family Law Act, the child’s best interests are paramount. When determining what arrangements should be made, the court considers various factors, including:
The benefit of the child having a meaningful relationship with both parents
The need to protect the child from physical or psychological harm
The child’s views, depending on their age and maturity
Each parent’s capacity to provide for the child’s needs
The nature of the relationship between the child and each parent
The law also assumes that both parents should have equal shared parental responsibility, unless there is a good reason not to (such as family violence or neglect). This doesn’t mean equal time, but rather that major long-term decisions—like schooling and healthcare—should be made jointly.
Do I Need to Go to Court?
Not necessarily. Before applying to court, parents are required (in most cases) to attempt Family Dispute Resolution (FDR)—a form of mediation aimed at helping both parties come to an agreement without litigation. If agreement is reached, the parenting plan can be turned into Consent Orders, which are enforceable by the court.
If no agreement is possible, or in cases involving urgency or safety concerns, a formal application for Parenting Orders may be necessary.
Final Thoughts
Parenting matters can be complex and emotionally charged, especially when communication has broken down. A well-drafted Parenting Order can provide clarity, stability, and structure—ensuring the child ’s welfare is protected and both parents understand their rights and obligations.
If you are considering a Parenting Order or need help navigating a parenting dispute, it’s crucial to seek professional legal advice. Our family law team in Melbourne is here to guide you through every step with empathy and expertise.