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Court Orders and Child Support Agreements

The Family Court can issue Court Orders on the basis of a Binding Child Support Agreement.

Court Orders and the Child Support Agency

The Child Support Agency is notified of Court Orders that start a registrable maintenance liability.

After notification, the Child Support Agency registers a liability for collection. The Child Support Agency only registers the parts of the Court Order that concern child maintenance.

A payee can elect for the Child Support Agency to collect maintenance for them, or not. If the payee elects for the Child Support Agency to collect maintenance payments on their behalf, then the payment liability is known as an enforceable maintenance liability.

Court Orders can only be changed by changing the Binding Child Support Agreement or by application to the court.

Can court orders help grandparents see their grandchildren?

Grandparents (or with an ongoing relationship with the children) can apply for an order to spend time with them.

As long as it is in their best interest, children have a right to spend time with significant people in their lives.

Grandparents must show that an order to spend time with the children is in the best interests of the children. They also may need to attend family dispute resolution before they can apply to the Court.

What sort of orders can a court make about children?

A court can make orders about:

• which parent a child lives with;
• how much time a child spends with the other parent;
• how a child communicates with a parent;
• parental responsibility.

Do I have to be divorced before I can apply to the Court for children’s or property settlement Orders?

No, you do not have to wait to be divorced.

You can apply for Orders concerning your property or children as soon as you separate.

But, when your divorce is granted, you will then have only 12 months to seek property settlement Orders.  After this time you need to apply to the Court for special permission to issue proceedings.

How Does the Court Decide Parenting Arrangements in Australia?

Australian family law encourages parents to try to reach agreement about parenting arrangements without the need for Court proceedings.

Many separated parents are able to develop their own parenting arrangements through discussion, negotiation, Family Dispute Resolution (FDR) or mediation.

However, some parents are unable to reach agreement. When this occurs, the Federal Circuit and Family Court of Australia may be asked to determine the arrangements that should apply for the children.

Parenting Plans and Parenting Orders

Parents have several options when making parenting arrangements.

Parenting Plans

A parenting plan is a written agreement between parents that sets out arrangements for their children.

A parenting plan may cover issues such as:

• where children live;
• the time children spend with each parent;
• communication arrangements;
• holidays and special occasions; and
• parental responsibilities.

A parenting plan is not legally enforceable in the same way as a Court order.

Parenting Orders

Parents who agree on arrangements may apply to the Court for consent parenting orders.

Where parents cannot agree, the Court may make parenting orders after considering the evidence and circumstances of the family.

Parenting orders may determine matters including:

• who a child lives with;
• the time a child spends with each parent or other significant people;
• how parents make decisions about important issues affecting the child; and
• communication arrangements.

The Best Interests of the Child

When making parenting decisions, the Court’s primary consideration is the best interests of the child.

The Court considers the individual circumstances of each family and will take into account factors such as:

• the benefit of children having a meaningful relationship with important people in their lives;
• the need to protect children from physical or psychological harm, including harm arising from family violence, abuse or neglect;
• the child’s views, having regard to their age and maturity;
• the nature of the child’s relationship with each parent and other significant people;
• each parent’s involvement and role in caring for the child;
• each parent’s ability to meet the child’s needs; and
• any other relevant circumstances.

Family Law Parenting Disputes Require a Child-Focused Approach

Parenting disputes can be some of the most emotionally challenging family law matters.

While parents may have strong views about what arrangements should apply, the focus must remain on what best supports the child’s wellbeing, stability and development.

Resolving parenting disputes through negotiation, mediation or Family Dispute Resolution can often help families avoid the stress, delay and uncertainty associated with Court proceedings.

Parenting Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents with parenting arrangements, parenting disputes, Family Dispute Resolution, mediation and Court proceedings where required.

We help clients understand their legal options and work towards practical, child-focused solutions wherever possible.

Contact our team to discuss your parenting matter and obtain advice tailored to your circumstances.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

Consent Orders in family law property settlements

Parties are often able to come to an agreement about a property settlement without Court involvement. If you and your partner reach an agreement you can apply to the Court for Consent Orders which is a relatively simple and inexpensive process.

Ensuring the Consent Orders are valid and binding

Full and frank disclosure must be demonstrated when identifying and declaring assets. Otherwise, your Consent Orders may be subject to a review and the Court has the option of favoring the other party due to dishonesty on the part of the non-disclosing party.

Legal representation is essential to ensuring full and proper consideration is given to all matters. When Consent Orders are sought, there should be enough information before the court to enable the court to make its own enquiry as to the justice and equity of the Consent Orders.

The lawyers at Mathews Family Law & Mediation Specialists Melbourne have extensive experience negotiating family law property settlements. We will carefully consider all aspects of your case and advise you on your specific situation. We will then negotiate in an attempt to reach an amicable outcome. We are committed to ensuring a fair settlement is achieved as quickly as possible, we aim to reduce the time taken and therefore the cost to you.

Mathews Family Law is a leading family law firm in Melbourne. Please contact us on 1300 635 529 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.

Urgent applications and Interim Orders

Certain matters may be urgent and an application can be lodged for the matter to be heard quickly by the Court. An urgent application might be for:

• the sale of the former family home,
• the sale of an asset,
• the payment of a liability,
• exclusive occupation of the former family home,
• one partner to continue to make mortgage payments, or
• protection and preservation of assets.

Are there any prerequisites before court proceedings can be commenced?

Parents are expected to have attempted family dispute resolution before applying for Court Orders. Family dispute resolution participation is not required if there has been abuse of a child by one of the parents or if there has been family violence.

Parenting Orders

An application for a Parenting Order can be made by the child’s parents, the child, a grandparent or any other person concerned with the child’s welfare.

The Court will only hear child related proceedings if an applicant has attended family dispute resolution (perhaps at a Family Relationships Centre) and obtained a certificate. A certificate is not required where:

• the Application is for Consent Orders,
• the matter is urgent or
• child abuse or family violence is involved.

When dealing with an application for a Parenting Order, the court should have as its paramount consideration the child’s best interests.

A child’s views can be taken into account via a ‘family report’ prepared by a family consultant or an independent children’s lawyer. Sometimes a judge may interview a child, but this is unusual.

A Court can make Orders about:

• parental responsibility;
• which parent a child lives with;
• wow much time a child spends with the other parent; and
• how a child communicates with a parent.

When a magistrate makes an intervention order to protect a child, they must check if there are Parenting Orders in place. A magistrate can decide to suspend, vary (change) or discharge (cancel) a Parenting Order if certain conditions are met.

The relationship between intervention orders and parenting orders is complex. An intervention order does not stop the respondent applying for a parenting order to see the children. Get legal advice.

Can child care arrangements specified in a Court Order be varied?

There is a legal obligation to take all reasonable steps necessary to put the Parenting Orders into effect. The children should be positively encouraged to comply with the Orders.

What happens if Court Orders become unworkable?

If Court Orders are no longer workable, parents should try to resolve matters with the assistance of a lawyer and vary the Orders. If agreement can’t be reached, then application is made to the Court and the Court may order that both parents attend a parenting program or consider varying the Orders.

What happens if the Court Orders are breached?

The Court takes breaches of its Orders very seriously. Depending on the circumstances, the non-complying parent can be referred to a parenting program, fined, made to provide compensatory (or ‘catch up’ time) with the child and parent, or even face gaol.

Reasonable excuse

When a breach occurs, the non-complying parent may show a reasonable excuse. For example, a very sick child (supported by proper medical evidence) may be considered a legitimate reason for a parent breaching an Order.

Less serious contravention with no reasonable excuse

If there is no reasonable excuse for a less serious contravention the Court can:

• make Orders for the person committing the contravention to take part in a post-separation parenting program,
• make further Parenting Orders that compensate a person for the time the other person did not spend with the child as a result of the contravention,
• order the person who committed the contravention to enter into a bond and
• order the person contravening the order to pay costs.

More serious contravention with no reasonable excuse

For more serious contraventions where no reasonable excuse has been established the Court can make Orders for fines or imprisonment in relation to the parent committing the contravention.

Further information is available at: familylawcourts.gov.au

Five Points For Clients Navigating Covid-19 – A Family Law Perspective

The current health climate has brought along with it a range of questions and uncertainties, and introduced additional pressures and stresses associated with the pandemic. To assist clients (and service providers alike) in navigating these times whilst simultaneously managing their family law matters, the following five points for clients to navigate Covid-19 can assist clients during this period and help to alleviate some of the associated uncertainties:

1. The Importance Of Parties And Practitioners Not Exacerbating Issues

Per the recent advice from the Legal Services Commissioner, it is imperative that whilst clients may be tempted to use present circumstances brought on by the global pandemic for their own personal benefit, practitioners have a duty to inform their clients that it is not appropriate to engage in sharp practice or exploit those who are vulnerable. For example, a client may be unreasonably withholding a child (contrary to a court order or parenting plan) on the basis that the child should not leave the home due to the pandemic. Parents should exercise their best judgement and a common-sense approach to determine what is, and what is not appropriate in the circumstances and seek alternative solutions, rather than exploiting the pandemic for personal gain.

2. Complying With Obligations

The pandemic does not provide an excuse for parties to ignore and unilaterally change their obligations pursuant to court orders and agreements. Unless a reasonable excuse applies, obligations to court order and/or agreements must be adhered to. In the event that a diversion from a current arrangement is unavoidable, again, parties should use a reasonable and common sense approach to find solutions to challenges. Affording the other party adequate notice if a change is anticipated, along with employing a solution-focused approach, will help to avoid unnecessary
conflict.

3. Seek Intermediate Solutions

Access to the courts and the resulting delay to the progression of matters is understandably a primary concern parties may be experiencing. As such, parties can seek alternative dispute resolution solutions for discrete issues that require a timely response. Mathews Family Law and Mediation Services is available to provide interim FDR (parenting) and mediation (financial) to address such issues, with sessions that can be tailored to meet the clients particular needs, including shorter or longer sessions depending on the complexity of the issues.

4. Be Adaptive, Cooperative And Solution-Focused

We are all currently being required to adapt to changes in circumstances, whether they be working from home, or meeting with family and friends digitally as opposed to in-person. If, in a parenting matter for example, time arrangements with a parent or other person is unable to occur, rather than cancelling that time altogether, seek alternative methods to meet those obligations, such as video conferencing and/or– other digital communications. Wherever possible, engaging in honest, open and pragmatic communication with the other parent will assist in navigating the difficulties with changed circumstances.

5. Stay Healthy – Mentally And Physically

The importance of maintaining your mental and physical wellbeing is imperative, particularly in circumstances where you are unable to do so in the manner that you are accustomed. If working from home, try to maintain a healthy balance by allocating specific work hours, taking regular breaks and establishing a dedicated workspace. Try to maintain an exercise routine – for example, following an online training class, or even taking a walk around the block.
If you would like to discuss your client’s particular interim issues and how Mathews Family Law may work with you to best assist and assure them, please contact us on 1300 635 529 or at [email protected].