Consent Orders for Parenting Arrangements

Parenting consent orders overview

Parenting consent orders formalise arrangements for children after separation. They cover who the children live with, time spent with each parent, and how decisions about the children are made. Unlike a parenting plan — which is an agreement but not legally enforceable — consent orders are court orders that can be enforced through contravention proceedings if one parent fails to comply.

Parenting orders are governed by Part VII of the Family Law Act 1975. The Act establishes that the child's best interests are the paramount consideration in any parenting matter. For consent orders, the Court must still be satisfied that the proposed arrangements are in the child's best interests before making the orders — even though both parents have agreed.

Key elements to include

Comprehensive parenting consent orders address all the key aspects of raising children across two households. Every element below should be considered; omitting any one of them creates ambiguity that can generate conflict later.

Who the child lives with

Specify where the child primarily lives. This might be with one parent (with the other having "time with"), or the orders might specify the child "lives with" both parents if time is relatively equal. Example: "The child shall live with the Mother."

Time spent with each parent

Address four categories of time: regular weekly or fortnightly arrangements; school holiday periods (first/second half, alternating years for longer breaks); special occasions (Christmas, birthdays, Mother's Day, Father's Day); and changeover — where it occurs, at what time, and who transports the child.

Parental responsibility

Parental responsibility covers major long-term decisions about the child's care, welfare, and development — typically including education, religious and cultural upbringing, health matters (except emergencies), name changes, and major extracurricular commitments. The presumption under the Act is equal shared parental responsibility: both parents must consult and make a genuine effort to reach joint decisions on major issues. Sole parental responsibility — where one parent has unilateral authority — may be appropriate where there is family violence, abuse, or one parent is uncontactable.

Communication arrangements

Orders should address how the child communicates with the other parent when they are not together (phone or video calls, frequency, timing, not interrupting school or sleep), and how the parents communicate with each other about the children (method, scope, emergency contact procedures).

Best interests considerations

The Court must be satisfied your proposed arrangements are in the child's best interests. Section 60CC sets out the considerations the Court is required to apply.

Primary considerations

The two primary considerations are: safety — protecting the child from physical or psychological harm, abuse, neglect, or exposure to family violence (this is the most important consideration); and meaningful relationships — the benefit to the child of having a meaningful relationship with both parents, but only to the extent consistent with safety.

Additional considerations

Beyond those two primary factors, the Court may consider: the views of the child (weighted by age and maturity); the child's relationships with parents, siblings, and others; practical difficulties and costs of contact; the capacity of each parent to provide for the child's needs; the child's cultural, linguistic, and religious background; and each parent's willingness to facilitate the child's relationship with the other parent.

Drafting parenting orders

Good parenting orders are clear, specific, and workable. Orders that pass the Court's approval process are ones that demonstrate the arrangements genuinely serve the child's best interests — not merely that the parents have agreed.

Be specific

Vague orders can't be enforced and lead to disputes. Use exact days, times, and locations.

Build in practical flexibility

Life happens. Consider allowing variation by written agreement: "Unless otherwise agreed in writing between the parties, the children shall spend time…" This preserves enforceability while reducing unnecessary conflict over minor adjustments.

Think about all scenarios

Address what happens when regular arrangements can't apply: illness, work travel, Christmas falling mid-week, and the interaction between school holiday and regular time provisions. Every gap in the orders is a potential dispute.

Special circumstances

Some situations require additional considerations when drafting parenting orders.

Long-distance arrangements

When parents live far apart, regular weekend time may not be practical. Consider longer but less frequent visits, extended holiday time, and quality video communication as the regular connection mechanism.

Supervised time

If safety concerns exist, time may need to be supervised. Orders should specify who supervises, where supervision occurs, and any conditions for transitioning to unsupervised time.

Infants and toddlers

Very young children may need more frequent but shorter visits to maintain attachment with both parents. Orders often include provisions for arrangements to change as the child grows — what works for a 3-year-old will not work for a 13-year-old.

Travel and relocation

Orders can address passport holding, notice required for travel, and consent procedures for overseas trips. Relocation clauses may restrict where a parent can live with the children (for example, "within 30km of Brisbane CBD") or require notice and agreement before moving. Note that relocation orders can be varied if there is a significant change in circumstances — consider what is practical long-term.

Making the orders work

The best orders are ones that actually work for your family long-term. Court approval is the beginning, not the end.

• Communicate about the children — even when it is difficult, child-focused communication matters. Keep topics to the children's affairs.
• Be flexible when possible — written agreements to vary can prevent unnecessary conflict without undermining the enforceability of the underlying orders.
• Document variations and issues — keep records in case you need them later, particularly if you are considering a contravention application.
• Review as children grow — what works now may need adjustment as the child's age, schooling, activities, and wishes change. A consent variation is simpler than a contested application.
• Know your options if orders are breached — contravention applications are available, but consider other options first. Consequences can include make-up time, costs orders, parenting programs, or in serious cases, imprisonment.

Common questions