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What Are Parenting Orders? A Comprehensive Guide for Families in Queensland

What Are Parenting Orders? A Comprehensive Guide for Families in Queensland

What are parenting orders, and why should separated parents know about them? Parenting orders are legally binding court orders that set out arrangements for children—such as where they live, how time and communication with each parent will occur, and who makes major long-term decisions.

For families in conflict or facing issues like family violence, these orders provide clarity and help secure arrangements that are in the best interests of the child. Experienced family lawyers can guide parents through the process and ensure the child’s needs and safety are properly put before the court.

Please note: This is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: dev.vmfamilylaw.com.au/contact

What Are Parenting Orders?

Parenting orders are orders of the Federal Circuit and Family Court of Australia (FCFCOA). They set out parenting arrangements after separation or divorce and are enforceable. Orders can be made by agreement (consent orders) or by the court after a hearing if parents cannot agree.

The overarching principle is that the child’s best interests are paramount. Orders typically deal with:

  • Living arrangements (who the child lives with)

  • Time and communication with the other parent (and sometimes other people)

  • Parental responsibility (who makes major long-term decisions about matters like health, education and religion)

  • Specific issues (e.g., conditions for travel, information sharing, or safety measures where family violence has been alleged or found)

Legal Foundation (Family Law Act 1975)

Parenting orders are made under the Family Law Act 1975 (Cth). In deciding what orders to make, the court must treat the child’s best interests as the paramount consideration. Relevant considerations include (among others):

  • The need to protect the child from physical or psychological harm (including exposure to family violence)

  • The benefit to the child of a relationship with each parent, where this is safe and appropriate

  • The child’s views (given appropriate weight in light of age and maturity)

  • Each parent’s capacity to meet the child’s needs

(The presumption about equal shared parental responsibility can be displaced, particularly where family violence, abuse, or other risks are present.)

Parenting Orders vs Parenting Plans

A parenting plan is a written agreement between parents that sets out arrangements for children. It is not legally enforceable.

A parenting order is a court order. It is legally binding and enforceable. If a parenting order is contravened without a reasonable excuse, the court can make enforcement or other consequential orders.

(Parents sometimes convert an agreed parenting plan into consent orders so the terms become binding.)

Key Components Typically Covered

  • Living arrangements: where the child lives.

  • Time arrangements: when and how the child spends time and communicates with each parent (weekdays, weekends, school holidays, special days).

  • Parental responsibility: who makes long-term decisions about health, education, and religion (shared or sole).

  • Protective and practical measures: conditions to address safety risks (including family violence), information-sharing, handover logistics, and travel permissions.

Shared vs sole parental responsibility
The court may order shared parental responsibility (both parents consult on major long-term decisions) or sole parental responsibility (one parent holds that authority) if it is in the child’s best interests—particularly where there are safety concerns.

Who Can Apply for Parenting Orders?

Applications are not limited to parents. The following may apply:

  • A parent (biological or adoptive)

  • A grandparent

  • Any person concerned with the care, welfare or development of the child (for example, a step-parent or other relative)

The court considers each application on its merits, always with the child’s best interests as the paramount consideration.

When Should You Apply?

An application is typically made when:

  • Parents cannot agree on arrangements

  • There are safety concerns (e.g., family violence, abuse, neglect, or unacceptable risk of harm)

  • An informal arrangement is no longer workable and clarity or enforceability is needed

  • There are changes in circumstances that require formal variation of existing orders

How to Apply for Parenting Order (Step by Step)

1. Family Dispute Resolution (FDR) first

For most parenting disputes, parties are required to attempt FDR before filing. If no agreement is reached, a section 60I certificate is usually needed to commence court proceedings (exceptions apply, including urgency and family violence/risk).

2. Prepare the documents

Common documents include an initiating application, an affidavit setting out relevant facts, and a Notice of Child Abuse, Family Violence or risk where applicable.

3. File with the FCFCOA

File online via the Commonwealth Courts Portal or at a registry and pay the filing fee (fee reductions may apply in eligible circumstances).

4. Serve the other party

Ensure proper service of your documents in accordance with the court rules.

5. Interim arrangements (if needed)

The court can make interim orders to address urgent matters pending a final hearing (for example, safety arrangements or short-term care schedules).

6. Final determination or consent

If the matter does not resolve by agreement, the court hears evidence and makes final orders guided by the child’s best interests.

7. Timeframes

The duration varies. Urgent risk-based matters are dealt with more quickly; contested final hearings can take longer depending on complexity and listings.

If Parenting Orders Are Breached

If an order is not followed, the responding party may need to explain a reasonable excuse (for example, where compliance would have exposed the child to a risk of harm). Where there is no reasonable excuse, the court can:

  • Order make-up time

  • Vary the orders

  • Require participation in programs (e.g., parenting programs)

  • Make costs or other sanctions, and in serious cases consider fines or other penalties

The court’s focus remains on the child’s best interests and achieving workable compliance moving forward.

Frequently Asked Questions (FAQs)

What is a parenting order in Queensland?

A parenting order is a legal order made by the Federal Circuit and Family Court of Australia that sets out the responsibilities and arrangements for the care of a child. It may cover where the child lives, who they spend time with, parental responsibilities, communication, and other welfare-related matters. Parenting orders are legally binding and enforceable.

How do I apply for a parenting order in Queensland?

To apply for a parenting order, you must first attempt Family Dispute Resolution (FDR) unless an exemption applies (e.g. family violence). If no agreement is reached, you can apply through the Federal Circuit and Family Court of Australia by filing an initiating application and supporting documents. It’s strongly advised to seek legal advice before applying.

What is the difference between a parenting plan and a parenting order?

A parenting plan is a written agreement between parents, but it is not legally enforceable. A parenting order, however, is made by a court and is legally binding. If one parent breaches a parenting order, legal consequences can follow, including enforcement or penalties.

What factors does the court consider when making a parenting order?

The court’s primary focus is the child’s best interests. It considers factors such as:

  • The child’s safety and protection from harm

  • The benefit of having a meaningful relationship with both parents

  • The child’s views (depending on age/maturity)

  • Parental capacity and history of involvement

  • Family violence or risk concerns

Can parenting orders be changed in Queensland?

Yes. Parenting orders can be changed if there is a significant change in circumstances. You can try to reach a new agreement via mediation, or apply to the court to vary the order. The court will only vary an order if it’s in the best interests of the child.

What happens if a parenting order is breached?

If a parenting order is breached, you can apply to the court to enforce the order. The court may order make-up time, fines, changes to the existing order, or even jail time in serious cases. It’s important to keep records and seek legal advice before taking action.

Do grandparents or other relatives have rights under parenting orders?

Yes. Under the Family Law Act 1975, not just parents, but grandparents and other significant people in a child’s life can apply for parenting orders. The court considers their role and whether continued contact is in the child’s best interests.

Final Thoughts

Parenting orders can provide vital clarity, stability and legal protection during and after separation. Whether you’re facing high-conflict parenting issues, concerns about safety, or simply want formal arrangements in place for your child’s well-being, VM Family Law is here to help.

Our experienced family lawyers support clients across Queensland with parenting orders, child custody, family dispute resolution, family law mediation services, and parenting plans tailored to your family’s needs. We approach every case with compassion, professionalism, and a focus on achieving the best outcome for your children.

Ready to take the next step or need personalised guidance? Contact VM Family Law on 07 3447 8966 or visit dev.vmfamilylaw.com.au/ to book a confidential consultation. Your child’s well-being matters—let us help you protect it.

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