Parenting Arrangements and Consent Orders

Parenting orders are legally binding court orders that set out arrangements for children after their parents separate. They cover where children live, how much time they spend with each parent, how major decisions are made, and other practical arrangements.

What parenting orders can cover:

• Living arrangements — Primary residence, time with each parent, changeover arrangements, and special occasions like birthdays and holidays.
• Parental responsibility — Who makes major decisions about education, health, and welfare, and whether decisions are made jointly or by one parent.
• Communication — Phone and video contact, communication between parents about children's matters.
• Practical arrangements — School responsibilities, medical appointments, travel (including overseas), and introduction of new partners.

When parents agree, consent orders are filed together with the court. The court reviews and approves them if the arrangements are in the children's best interests — this is Accordly's specialty for families who agree.

Australian family law places the best interests of the child as the paramount consideration in all parenting decisions. This principle guides every decision made by courts, parents, and professionals about children's arrangements after separation.

Courts consider two primary factors:

• The benefit of having a meaningful relationship with both parents — Children generally benefit from ongoing, positive relationships with both their mother and father.
• Protection from harm — Children must be protected from physical or psychological harm, including from family violence, abuse, or neglect.

Additional considerations include the child's views (considering age and maturity), the nature of the child's relationship with each parent, the practical capacity of each parent to provide care, and the need for stability and consistency. When safety and relationships conflict, protection from harm takes priority.

Before applying for parenting orders through contested court proceedings, Australian law generally requires that you attempt Family Dispute Resolution (FDR) — a structured mediation process facilitated by an accredited practitioner.

However, FDR is not required for consent orders. Because consent orders involve parents who have already agreed, the FDR prerequisite doesn't apply. This makes consent orders a more straightforward pathway for cooperative parents.

FDR is also not required when there are concerns about family violence, child abuse, or urgency. If you've already reached agreement through informal discussions, mediation, or with the help of professionals, you can proceed directly to formalising your agreement as consent orders through Accordly.