Most parenting arrangements in Australia are never decided by a judge. Most families sort things out through agreement, mediation or consent orders. Court is the last step, not the first.

The usual path

1. Try to agree. You can make a written parenting plan. It isn't legally enforceable, but courts can consider it.

2. Family Dispute Resolution (FDR). In most cases you must attempt FDR, which is a form of mediation, before applying to court for parenting orders. Exceptions apply where there is family violence or urgency.

3. Consent orders. If you agree, you can apply to have your arrangement made into court orders without going to court.

4. Court. If you can't agree, the Federal Circuit and Family Court of Australia decides based on the best interests of the child.

The law changed on 6 May 2024. The old presumption of "equal shared parental responsibility" was removed, and the focus is now more directly on the child's safety and best interests (Family Law Act 1975). If you read older advice online, check it's still current.

Mediation is worth taking seriously. One study followed families for 12 years and found that parents who mediated stayed more involved with their kids than those who went straight to court (Emery et al. 2001).

Find out more: Federal Circuit and Family Court · Family Relationship Advice Line: 1800 050 321 · Legal Aid NSW

This is general information only. Get legal advice for your own situation.