Parenting orders

When parenting orders come into force

Parenting orders come into force when they are made unless an order states otherwise.

Parenting orders are made when they are signed in chambers, or they are pronounced in court.

How long parenting orders last

Parenting orders remain in force until:

• they are changed by a parenting plan or new parenting orders
• your child turns 18
• your child is adopted
• your child marries
• your child enters into a de facto relationship
• the date specified in the orders.

Your legal obligations

You must follow your parenting orders while they are in force unless you have a reasonable excuse. This means:

• following all of the orders
• following every part of every order
• taking all reasonable steps to put the orders into effect
• positively encouraging your child to follow the orders.

You must do this even if your circumstances change. 

Parental responsibility and decision making

If you have an order for sole decision-making, you can make all of the decisions about the long-term issues affecting your child by yourself. You don’t have to make these decisions with the other parent.

If you and the other parent have an order for joint decision-making, you must make all the decisions about the major long-term issues affecting your child together. To do this, you must consult with one another and make a genuine effort to reach a joint decision. You must do this regardless of whether your child is in your care or the care of the other parent.

Major long-term issues include:

• where your child goes to school
• what medical treatment your child receives
• how your child participates in their culture.

You don’t have to consult with the other parent about day-to-day issues that come up while your child is in your care, such as what your child eats and wears.

If you are having trouble making joint decisions about your child, you should consider attending family counselling or Family Dispute Resolution.

Spend time with orders

If your parenting orders state that your child is to spend time with the other parent, you must make your child available and positively encourage your child to spend time with the other parent, even if your child doesn’t want to.

If your child doesn't spend time with the other parent, you could be breaching the orders if you:

• let your child decide whether they want to spend time with their other parent
• tell your child they don't have to spend time with the other parent.

If your child is refusing to spend time with the other parent, you should arrange Family Dispute Resolution to discuss the issues leading to your child’s refusal.

If you don’t, the other parent may be able to apply to the Court for a remedy. If this happens, simply saying your child refused to go will not be considered a defence. You should find out why your child does not want to spend time with the other party and get legal advice.

Changing your parenting orders

Unless an order says otherwise, you can change your parenting orders by making a new parenting agreement with the other parent.

You can do this by:

• making a parenting plan, or
• applying for consent orders.

If you and the other parent can't agree, you can apply to the Court to vary your parenting orders. Before you can apply, you must follow the pre-action procedures unless you fall into one of the exceptions. This includes:

• attempting Family Dispute Resolution, and
• giving the other parent a Notice of Intention.

If you follow these steps and still can’t reach an agreement, you can apply to change (vary) your parenting orders.

However, it is important to note that there is no automatic right to apply to vary parenting orders. The Court must not reconsider your parenting orders unless:

• there has been a significant change in circumstances since the current orders were made, and
• it is satisfied that it is in the best interests of your child to reconsider your parenting orders.

Before you apply to change your parenting orders, you should get legal advice.

For more information, see Changing your parenting arrangements.