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Frequently Asked Questions (FAQs)
What are parenting orders?
Parenting orders are court orders that set out arrangements for the care of children, including living arrangements, decision-making responsibilities and communication with each parent.
Do courts still presume equal shared parental responsibility?
No. The Family Law Amendment Act 2023 removed the presumption of equal shared parental responsibility from 6 May 2024. The court now makes whatever parental responsibility orders best promote the child’s safety and best interests, which may be joint or sole decision-making and there is no presumption of equal time.
Can parents agree on arrangements without going to court?
Parents can make a parenting plan or apply for consent orders that formalise their agreement, both of which focus on the child’s best interests.
How does the court decide what is in the child’s best interests?
Since May 2024, the Family Law Act lists six core considerations, including what arrangements promote the child’s safety, any views the child expresses, the child’s developmental, psychological, emotional and cultural needs, each parent’s capacity to meet those needs, and the benefit of a relationship with each parent where it is safe.
Can a parenting order be changed?
A court will only reconsider final parenting orders if there has been a significant change in circumstances and reconsideration is in the child’s best interests, or if all parties consent to new orders being made.



