Foundations series: Parenting and Children in Family Law

12 March 2025

Navigating parenting arrangements after separation can be challenging. In Australia, family law parenting is governed by the Family Law Act 1975 (Cth), which prioritises the best interests of the child. Whether you are dealing with child custody, parenting plans or parental responsibility, understanding your legal rights and responsibilities is essential.

What is family law parenting?

Family law parenting refers to legal matters concerning who a child lives with, how much time they spend with each parent, and how parental responsibilities are shared. The law encourages parents to work together to make decisions about their children, but if disputes arise, the courts may step in to make legally binding decisions.

Parental responsibility: who makes decisions for the child?

Under Australian family law, both parents automatically have equal shared parental responsibility unless a court orders otherwise. This means they must jointly make major decisions about the child’s:

  • Education
  • Healthcare
  • Religious and cultural upbringing
  • Living arrangements


However, in cases involving family violence, abuse, or neglect, the court may grant sole parental responsibility to one parent.

Parenting Plans v Parenting Orders

A parenting plan is a written agreement between parents that outlines parenting arrangements and decision-making responsibilities. It is:

  • Flexible and can be changed by mutual agreement
  • Not legally enforceable
  • Useful for co-parents who can communicate effectively


If parents cannot agree, they may apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders, which are legally enforceable. Parenting orders may cover:

  1. Where the child lives (previously called “child custody”)
  2. Time spent with each parent (formerly visitation rights)
  3. Parental responsibility and decision-making
  4. Communication between parents and children


Once made, breaching a parenting order can result in legal penalties, including changes to parenting arrangements.

Child Custody and Visitation in Australia

Australia no longer uses the term "child custody" or “visitation”, instead, the law refers to "lives with" and "spends time with" arrangements. The court may order:

  1. Equal shared time – If it is in the child’s best interests and practical for both parents.
  2. Primary residence with one parent – The child lives mainly with one parent and spends scheduled time with the other.
  3. Supervised time – If there are concerns about the child’s safety, visits may be supervised by a professional or family member.

Does the Court Automatically Order 50/50 Custody?

No. While the court must consider equal shared time, it is only granted if it is in the child's best interests and reasonably practical. The focus is always on ensuring the child's safety, stability, and emotional well-being.

Changing parenting arrangements

Parenting arrangements may need to be changed if:

  • A parent relocates to a different city or state
  • The child’s needs significantly change (e.g., schooling, health issues)
  • A parent consistently fails to follow parenting orders


To modify an order, you must show that there has been a significant change in circumstances. If both parents agree, they can update the parenting plan. If not, they may need to return to court to seek new parenting orders.

Do I need a lawyer for parenting disputes?

While parents are encouraged to reach agreements through mediation and dispute resolution, legal advice can be crucial if disputes become complex. A family lawyer can help with:

  • Legally assisted mediation
  • Negotiating parenting arrangements
  • Applying for parenting orders
  • Enforcing or modifying existing orders


If you are dealing with a family law parenting issue and need expert family law advice, contact a Hanna Lawyers for assistance from a qualified family lawyer.

 

Disclaimer: This article is for general informational purposes only and should not be considered legal advice. If you’re dealing with a parenting issue, it’s recommended that you seek advice from a qualified lawyer to understand your specific circumstances. 

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