A Recovery Order is an order from the Court allowing the Federal and State Police to return the children to you.

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.

A good parenting plan should discuss the many possible surprises and changes that might occur  a parent relocates, a medical emergency, financial circumstances change but no plan can foresee every possible need for modification or adjustment.   Section 63(D) of the Family Law Act, 1975 allows a parenting plan to be “varied or revoked by agreement in writing” between the two parties.

If a parenting plan was registered with the court, and then one or both sides wish to modify it, court papers must be filed.  Contact an experienced family lawyer to find out how to modify a current parenting plan.

Australian law holds both parents responsible for their children.  Even when parents separate or divorce, both parents are obligated to take care of their children financially, providing them with all of their basic needs, education and health.  A parenting plan is an agreement between the parents of the children, laying out each person’s responsibilities, obligations and commitments.

Division 4 of the Family Law Act, 1975 details what may be included in a parenting plan, but the list is not exhaustive.  Generally, a parenting plan should include the division of responsibility for the children, whether or not there are third parties involved, maintenance for the children, how decisions are made, the forms of communication between the parents and between the children and the parents (when they are with the other parent), and ideally, how future disputes will be settled.  A primary goal of the plan is to lay out as many of the possible issues involved in parenting in order to allow for future changes and avoid going to court.  At all times, the children’s best interests should be kept in mind.

A good parenting plan is very detailed.  It lays out an annual schedule of visits, including who picks up and drops off the children.  A parenting plan also discusses how big decisions, like where the children will go to school or what religion they will be raised in will be made and by whom.  It should also give space for each parent to make certain decisions independently when the children are with them, ie what do they kids eat for breakfast or how much t.v. do they get to watch.

In order for the parenting plan to be legal, it must be: (1) written; (2) made between the parents; (3) signed by both parents; (4) dated and; (5) deals with the issues listed above and in section 63(C)(2) (link to this section).   A parenting plan is not legally binding, however, unless it is registered in court.