Helping Children Through Divorce

How Do You Set up Parenting Orders in Australia?

13 July 2023

Roberto Sutton

Separated parents have the option to set up a parenting order, which is a legal document that outlines the responsibilities and arrangements for the care and welfare of their children. But how do you go about setting up parenting orders? 

Seek Legal Advice

The first step in setting up a parenting order is to seek legal advice. It is important to obtain advice from a qualified family lawyer who is experienced in family law and understands the unique circumstances of your situation. They will be able to provide you with guidance and support throughout the entire process.

Try to Negotiate

Once you have sought legal advice, the next step is to try negotiating an agreement with your co-parent. This is referred to as family dispute resolution, and it involves sitting down with your co-parent and a family mediator to discuss your concerns and come to an agreement that is in the best interests of your children. If an agreement is reached, this can then be formalised into a parenting plan or a consent order.

File an Application

If family dispute resolution is unsuccessful, the next step is to file an application with the Family Court of Australia or the Federal Circuit Court of Australia for a parenting order. This application must be lodged with the court providing evidence of your particular parenting dispute and the reasons why you are seeking a parenting order.

Schedule a Hearing

After filing an application with the court, an initial court hearing will be scheduled. Before this hearing, both parties will be required to attend a family evaluation conference, where a family consultant will assess the situation and attempt to come to an agreement. If an agreement cannot be reached, the matter will proceed to a court hearing.

Arrive at Agreement

At the court hearing, a judge will hear both parties' evidence and make a decision based on what is in the best interests of the children. Once a decision has been made, a parenting order will be issued, outlining the arrangements for the care and welfare of the children.

What to Remember

The process of setting up parenting orders can be complicated and emotionally challenging, particularly when the process involves formal legal intervention. Seeking legal advice, attempting family dispute resolution, and filing an application with the court are all important steps in ensuring that the best interests of your children are protected. Remember, it is always helpful to have a qualified and experienced family lawyer by your side during this process to provide support and guidance.

Contact a local law firm to learn more about family law.

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