How parenting matters work in the Family Court

Separating parents have to make decisions about where the children live, how much time they spend with each parent, and who makes the big decisions about their lives. This guide is a map of how that plays out if you can’t immediately agree.

The usual path

1. Try to agree between yourselves — directly or with help. If you reach agreement you can write it down as a parenting plan or ask the court to make it into consent orders.
2. Family dispute resolution (FDR / mediation) — for parenting matters you generally must genuinely attempt FDR before you can apply to a court. If it doesn’t resolve, the practitioner can issue a section 60I certificate.
3. Pre-action procedures — before filing, you’re expected to follow the court’s pre-action steps, including giving written notice of your intention to start a case.
4. Apply to the court — file an Initiating Application seeking parenting orders. You can ask for interim (short-term) orders and final orders.
5. Court events — first court date, possibly interim hearings, dispute resolution, and (if still not resolved) a final hearing where a judge decides.

What the court is actually deciding

Two main things:

• Parental responsibility — who makes the major long-term decisions (school, health, religion, name, where the child lives). This can be joint or sole. Since 6 May 2024 there is no presumption of equal shared parental responsibility — the court decides what’s right for the child.
• Who the child spends time and lives with — the practical arrangements.

The one test that matters

Every parenting decision is governed by the best interests of the child. Since the May 2024 reforms, the child’s safety is the paramount consideration, and the court works through a focused list of best-interest factors (safety, the child’s views, their developmental and emotional needs, each parent’s capacity to meet those needs, and the benefit of a relationship with both parents where it’s safe).

It is about the child’s needs — not a parent’s “rights” or an assumption of equal time.

Where the tools here fit

Get organised early. Use the toolkit to map your situation, log incidents as they happen, prepare for mediation, and build a draft affidavit — then take those drafts to a family lawyer.