Regardless of their relationship status (i.e. married, never married, separated or divorced), all parents have legal responsibility for their children until they turn 18, unless a court orders otherwise.

Court orders relating to children are known as parenting orders. Parenting orders cover all aspects of care and welfare arrangements for children.

Applications for parenting orders can be made in the Federal Circuit and Family Court.

Terms such as “contact” and “residence” were used previously but the court now uses the terms “spends time with” and “lives with”.

Other specific types of parenting orders include:

Parental responsibility

When the court makes a parenting order, the Family Law Act 1975 (Cth) requires it to regard the best interests of the child as the most important consideration [s 60CA].

From 6 May 2024, the court no longer presumes that it is in the best interests of a child for their parents to have equal shared parental responsibility. Parents are nevertheless encouraged to consult each other and make decisions together about major long-term issues where it is safe to do so, unless the court orders otherwise [s 61CA]. Major long-term issues might include education, religious and cultural upbringing, and medical treatment.

From 6 May 2024, the court is also no longer required to consider ordering a child to spend equal time with each parent. This was previously required if an order for equal shared parental responsibility was made.

The court may nevertheless consider equal time arrangements, or substantial or significant time arrangements, if it is in the child’s best interests.

The Commonwealth Attorney-General's Department has a comprehensive guide on Parenting Orders - what you need to know.