Key Takeaways:

• Parenting arrangements should always focus on the best interests of the child, including their safety, needs, and relationships.
• A parenting plan is flexible and informal, while consent orders are formal, legally binding, and enforceable.
• Mediation or Family Dispute Resolution is often required before going to court for parenting matters.
• Long-term arrangements work best when they are realistic, age-appropriate, and able to evolve as your child’s needs change.
• Legal advice can help you understand your options and avoid conflict, especially if safety concerns or disagreements arise.

Parenting after separation is one of the most important – and often challenging – tasks for families in Australia. Creating parenting arrangements that are fair, functional, and sustainable requires clear communication, a child-focused mindset, and an understanding of the Australian family law framework.

One of the key decisions you may face is how to structure your parenting arrangements in a way that works for your family and stands the test of time. This guide explains how to do that in line with the Federal Circuit and Family Court of Australia (FCFCOA) and the Family Law Act 1975 (Cth) (the Act).

 

1. Understanding The Best Interests of the Child

Under Section 60CA of the Family Law Act 1975, the starting point for all parenting arrangements is simple: the best interests of the child must come first.

To decide what’s in the child’s best interests, the court considers:

• Safety: The need to protect the child (and any person who has care of them) from harm - physical or psychological - including from family violence or abuse.
• Child’s Views: Taking into account the child’s age, maturity and level of understanding.
• Developmental and Cultural Needs: This includes the child’s emotional, psychological, and cultural needs, including connection to community and identity.
• Parental Capacity: The ability of each parent (or carer) to meet the child’s needs now and into the future.
• Benefit of Relationships: When it’s safe, children should be supported to maintain meaningful relationships with both parents and other significant people.
• History of Harm: Any past incidents of family violence, abuse, or neglect are considered carefully.
• Other Practical Factors: The court can also consider anything else that’s relevant - such as school location, housing stability, and how far apart the homes are.

Together, these considerations ensure decisions are made with the child’s specific situation in mind.

This principle of acting in the child’s best interests should guide every aspect of a parenting arrangement - including who makes the big decisions. That might mean both parents share responsibility for things like schooling or medical care, or that one parent takes the lead. What’s appropriate will often depend on the family dynamic and, most importantly, the child’s safety.

 

2. Parenting Plans vs Consent Orders – Making Your Parenting Arrangements Official

When making your parenting arrangements official, there are two main options to consider - and one of the most common questions parents ask is: which type of parenting arrangement is best for my family?

Understanding the difference between the two can help you make a choice that reflects your needs and protects your child’s wellbeing.

Below, we break down the difference:

a. Parenting Plans (Informal but Cooperative) 

• Written agreements between parents that can be creative and unique to individual families.
• Flexible: Can be updated as children get older and their needs change.
• Not binding or legally enforceable but useful as a record of intentions.
• Cannot override a court order.

Best for:

• Amicable separations where parents can communicate effectively.
• Young child where flexibility and change will likely be required.

b. Consent Orders (Formal and Binding)

• Approved by the Federal Circuit and Family Court of Australia (FCFCOA).
• Legally enforceable and treated the same as court orders after a hearing (however no attendance at Court is required).
• Inflexible: In place until child turns 18 years of age and difficult to change.

Best for:

• Parents who want the security of enforceability without going to trial.

 

3. Keeping Parenting Arrangements Realistic and Practical

Parenting arrangements that work long-term are:

• Age-appropriate (young children may need shorter, more frequent visits).
• Consistent and predictable (helps child feel secure).
• Flexible (to accommodate changes in work, school, and other commitments).
• Geographically feasible (consider distance between homes, transport, and school).

When arrangements reflect real life, they’re easier to stick to - and more likely to give your child a sense of security and stability.

 

4. Considering the Need for Mediation and Family Dispute Resolution (FDR)

If you haven’t been able to agree to parenting arrangements and you’re planning to apply to the court for parenting orders, you’ll generally need to attempt Family Dispute Resolution (FDR) first and obtain a Section 60I certificate — unless exemptions apply (such as family violence or urgency).

FDR is not required for creating a Parenting Plan or Consent Orders, but it can still be a helpful option if you need support reaching agreement.

FDR Practitioners can help:

• Facilitate negotiation in a neutral setting.
• Help parties focus on the child’s needs.
• Issue a Section 60I certificate if the matter can’t be resolved.

Ultimately, FDR gives families the chance to resolve parenting issues in a way that’s less stressful, more flexible, and focused on the best interests of the child.

 

5. Reviewing Arrangements Over Time

Children grow — and so do their needs.

What is in a child’s best interests now may not necessarily be in years to come, so it’s important that parenting arrangements can evolve too.

When it comes to Parenting Plans, they tend to be flexible and can be easily amended either informally by mutual agreement or formally with the creation of a new parenting plan.

Consent Orders can also be changed if both parents agree. However, if only one parent wants to change final parenting orders and the other disagrees, then you must show a significant change in circumstances to revisit orders in court. This can be a difficult threshold to overcome and will inevitably involve further court proceedings.

In either case, changes to parenting arrangements can have a big impact on a child’s sense of routine and stability. That’s why our number one recommendation is this: build in room for flexibility from the start.

When you're considering a Parenting Plan or Consent Orders, take a moment to think ahead - are there any big changes on the horizon? Things like a potential interstate or international move, changing jobs, or starting a new school can all affect what’s workable down the track.

Planning with these possibilities in mind can make future transitions smoother for everyone - especially your child.

 

6. Considering Cultural Connection in Parenting Arrangements

For Aboriginal and Torres Strait Islander children, staying connected to culture, community, and language is more than just important - it’s a recognised right under the Family Law Act.

When making parenting arrangements, it’s essential to consider how those connections will be supported and maintained. This might include involvement with extended family, participation in cultural practices, or time spent within their community. These factors can play a vital role in the child’s sense of identity, belonging, and emotional wellbeing.

Where relevant, parenting arrangements should be shaped in a way that respects and upholds the child’s cultural heritage - ensuring they stay connected to where they come from, as they grow into who they are.

 

7. Knowing When to Seek Legal Advice

While many parents are able to work through parenting arrangements without going to court, there are times when getting legal advice is not just helpful - it’s essential.

It’s a good idea to speak with a family lawyer if:

• There are allegations and/or a history of family violence or safety concerns.
• One parent wants to relocate.
• You’re unsure how to formalise or change arrangements.
• Disputes arise over decision making or schooling.
• You want to formalise agreements into court orders.

Getting the right advice early can give you peace of mind and help you make informed decisions that truly support your child's future.

 

Conclusion

Creating lasting parenting arrangements isn’t just about putting something on paper – it’s about building a cooperative, child-focused approach that evolves with your family’s needs. The most effective arrangements are those that reflect your child’s unique needs, your family’s real-life circumstances, and the principles of Australian family law.

Throughout the process, it helps to keep a few practical principles front of mind:

• Be Child-Centred: Decisions should focus on what is developmentally and emotionally appropriate for the child — not the convenience or preferences of parents.
• Be Realistic: Consider:
• School routines.
• Distance between homes.
• The child’s emotional resilience and flexibility – informed by their age and maturity.
• Be Predictable and Flexible: Create routines but also allow for flexibility around holidays, illness, and special events.
• Use Technology Wisely: Tools like parenting applications (e.g. OurFamilyWizard or AppClose) can help reduce parental conflict and improve communication.

With the right mindset, guidance from Australian family law, and support when you need it, it’s absolutely possible to create parenting arrangements that not only work now — but continue to support your child as they grow. 

By understanding your options and using tools like dispute resolution, separated parents can build arrangements that truly work — for their children and themselves.

For a quick reference or to revisit the key points covered, download our Parenting Arrangements Factsheet – a helpful guide to keep on hand as you navigate your next steps.