If it would be in the interests of the child and reasonably practicable for the child to spend equal time with each parent then the Court may order equal shared parental responsibility. If the Court does not make an order for equal shared parental responsibility then it does not have to consider ordering that the child spend equal time with each parent.

The Court will read a report prepared by a family consultant or by making an order appointing an independent children’s lawyer.

The Court considers a wide range of discretionary factors in making decisions about children. The priority of the Court is always to ensure that the best interests of the children are met.

Additional considerations for the Court are:

• any views expressed by the child;

• various aspects of the child’s relationship with each parent;

• the likely effect of any change in the child’s circumstances; and

• any family violence involving the child or a member of the child’s family.

The extent to which each parent has fulfilled responsibilities in the past is also important.

The Court may also order independent evidence from a Psychologist or Counsellor to assist them in determining which care arrangements will promote the best interests of the children.

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.

An application for a parenting order may be made by the child’s parents, the child, a grandparent or any other person concerned with the welfare and development of the child.

The main consideration of the Court is whether the arrangements implemented by the parenting order are in the best interests of the child.

The court presumes the best interests of the children are served by the parents having ‘equal shared parental responsibility’, but it will look at what is best for the children in each case.

Where there is family violence or child abuse involving one of the parents or a person who lives with a parent, this presumption does not apply.

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.

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.

A parenting plan made with the other parent is not enforceable, if you go on to court the court will have to consider the most recent Parenting Plan.

The court will also consider whether both parents have met with their obligations including the terms of a Parenting Plan.

The parenting plan can be made enforceable by asking the Court to make Consent Orders.

The Family Law Act aims to ensure that the best interests of children are met by:

• ensuring children have the benefit of both their parents having meaningful involvement in their lives;

• protecting children from physical or psychological harm;

• ensuring that children receive adequate and proper parenting; and

• ensuring that parents meet their responsibilities towards their children.

Following separation, many parents make informal arrangements about how their children will be cared for.

These arrangements may be reached between parents directly, or with the assistance of:

• family counselling services;
• Family Dispute Resolution (FDR);
• mediation; or
• lawyers.

While informal agreements can work well for some families, it is important to understand that they are not legally enforceable.

If one parent decides not to follow an informal arrangement, the other parent generally cannot enforce the agreement in the same way they could enforce a Court order.

Formalising Parenting Arrangements

Parents who have reached agreement about parenting arrangements may choose to formalise their agreement in different ways.

Options may include:

Parenting Plans

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

A parenting plan may address matters such as:

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

A parenting plan is not a legally enforceable Court order, although it can be relevant if parenting issues later come before the Court.

Consent Parenting Orders

Parents may also apply to the Federal Circuit and Family Court of Australia for parenting orders by consent.

Consent orders provide greater certainty because they are legally enforceable.

Agreement is often reached through:

• negotiation between parents;
• lawyer-assisted discussions;
• mediation; or
• Family Dispute Resolution.

Should I Obtain Legal Advice Before Agreeing to Parenting Arrangements?

Yes.

Before agreeing to parenting arrangements, it is important to understand how the agreement may affect your rights and responsibilities as a parent.

An experienced family lawyer can help you consider:

• whether the proposed arrangements are in your children’s best interests;
• whether the agreement is practical and sustainable;
• whether it should be formalised;
• the impact of arrangements on future family law issues; and
• whether additional advice is needed regarding child support or financial matters.

Parenting Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents to resolve parenting disputes through negotiation, mediation, Family Dispute Resolution and, where necessary, Court proceedings.

Our focus is on helping families develop practical arrangements that prioritise the wellbeing of children while protecting parents’ legal rights.

Contact our team to discuss your parenting arrangements and legal options.

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.