Understanding Parenting Arrangements: A Complete Guide for Australian Families (NSW)
Parenting arrangements can be recorded in a parenting plan (informal, not enforceable) or turned into consent orders/parenting orders (court-enforceable).
Since 6 May 2024, there is no presumption that parents must share major decisions or equal time; the Court focuses on a simplified best-interests test with safety front and centre. From 10 June 2025, courts have sharper powers to enforce the requirement to try dispute resolution before you file.
1) Who this guide is for
If you’re separating in NSW, your parenting issues are heard in the Federal Circuit and Family Court of Australia (FCFCOA) under the Family Law Act 1975 (Cth).
2) What actually changed in 2024–2025?
No default “equal shared parental responsibility.” The presumption that parents should share major long-term decisions was removed on 6 May 2024. The Court now decides whether decision-making should be joint or sole for all or specific major issues, based on the child’s best interests.
Clearer decision-making rules. The Act now spells out that, if a parenting order says decisions are joint, each person must consult the other and make a genuine effort to reach a joint decision (new s 61DAA).
A simplified “best interests” test. Section 60CC was streamlined. Safety is prioritised; the Court considers the child’s views (in a developmentally appropriate way), needs, relationships, capacity of carers, and—where relevant—cultural considerations for Aboriginal and Torres Strait Islander children.
Information-sharing for safety. New provisions improve information-sharing between state child protection, police and family law courts so risks are identified earlier.
Pre-action dispute resolution tightened (June 2025). The Court can now more robustly enforce compliance with s 60I (trying Family Dispute Resolution first or having a valid exemption) and may reject a filing that doesn’t comply. A Genuine Steps Certificate is also required.
3) The legal options: plan, consent orders, or orders after a hearing
- Parenting plan (good for cooperation; not enforceable)
A parenting plan is a written, signed agreement that can cover living arrangements, time, changeovers, holidays, decision-making and communication. It’s flexible and can be updated by agreement, but it is not legally enforceable like a court order. (Courts can consider a recent parenting plan when making orders.)
- Consent orders (fastest way to make it binding)
If you agree, you can apply for consent orders so your agreement becomes enforceable parenting orders without going to a hearing. The Court must still be satisfied the orders are in the child’s best interests.
- Parenting orders after a hearing (when you don’t agree)
If you can’t agree (or there are urgent risk issues), the Court can make parenting orders covering where the child lives, how they spend time/communicate, and who makes major decisions (joint, sole, or by specific topics such as education or health).
Who can apply? Parents, the child, grandparents and any other person concerned with the child’s care, welfare and development can apply for parenting orders.
4) The “best interests of the child” test (how judges decide)
Courts must put the child’s safety and welfare first. Under s 60CC, the judge weighs factors including safety, the child’s views (appropriate to age/maturity), the child’s needs and relationships, each carer’s capacity, and (for Aboriginal and Torres Strait Islander children) connection to family, community and culture. There is no automatic rule that equal time or equal decision-making is best.
5) Decision-making responsibility after the reforms
Orders can now allocate decision-making as joint or sole for all major issues or specific issues (for example, health only, or schooling only)—s 61D(3). Where joint decision-making is ordered, parties must consult and make a genuine effort to reach agreement—s 61DAA. Practically, schools and doctors can act on a decision communicated by someone with decision-making responsibility without first proving a joint decision was made.
6) Before you file: mediation (Family Dispute Resolution) and certificates
Except in urgent or risk situations (e.g., family violence, child abuse, or impracticability), you must attempt Family Dispute Resolution (FDR) and file a section 60I certificate. From 10 June 2025, the Court can reject your application if you don’t have a valid certificate or exemption. You must also file a Genuine Steps Certificate confirming you tried to resolve the dispute.
Tip (NSW): If you need help finding FDR services or to check exemptions, call the Family Relationship Advice Line on 1800 050 321.
7) Safety first: risk notices, information-sharing and the Lighthouse pathway
When parenting orders are sought, parties must file a Notice of Child Abuse, Family Violence or Risk. The Court can then request information from state agencies (police/child protection) to assess risk early and triage the case under the Lighthouse model.
8) Evidence in parenting cases: reports and the child’s voice
The Court may order:
- a Child Impact Report early in the case (short, child-focused assessment to guide interim steps), and/or
- a Family Report (more comprehensive assessment used toward final hearing).
In complex matters, the Court may appoint an Independent Children’s Lawyer (ICL) to promote the child’s best interests.
9) Common scenarios
Relocation or travel
Moves within Australia or overseas are decided case-by-case on best interests and practical proposals. If there’s a risk of international removal without consent, an Airport (Family Law) Watchlist order can restrain departures; recovery orders exist if a child isn’t returned on time.
When family violence is alleged
Safety is paramount. The Court has information-sharing powers and special rules around cross-examination and case management to protect victims. File the risk notice and get advice promptly.
10) Enforcing orders (contraventions) and recovery
If orders are breached, options include make-up time, variation, costs orders, community service, fines, or in serious cases imprisonment. Alleged breaches are triaged in the National Contravention List. For a child not returned as ordered, apply urgently for a Recovery Order.
11) Changing arrangements later (“Rice & Asplund”)
Final parenting orders are meant to provide stability. To change them later, the Court first considers whether there’s been a significant change of circumstances (the Rice & Asplund principle) before reopening the case. If that threshold is met, the Court again applies the best-interests test.
12) Parenting arrangements and child support (how they interact)
Parenting time affects child support because Services Australia uses each carer’s percentage of care in the assessment. If your care pattern changes, update Services Australia to avoid over- or under-payments.
13) Practical drafting tips for your parenting plan or proposed orders
- Day-to-day routine: where the child lives, spends time and how changeovers work (location, who drives).
- Holidays & special days: school holidays, birthdays, religious/cultural events.
- Communication: phone/video times and boundaries.
- Decision-making: specify sole/joint, and by topic (health, schooling, religion, name, relocation). If joint, include a simple consultation process.
- Dispute-resolution clause: agree on steps (e.g., mediation) before returning to court.
- Safety provisions: supervised time, no-substance use clauses, family violence orders co-ordination, privacy rules for school/health data.
14) The step-by-step pathway (typical)
- Triage & safety: get advice; if risk, file urgently and complete the risk notice.
- Pre-action requirements: attempt FDR and obtain your s 60I certificate, and prepare a Genuine Steps Certificate.
- Agreement reached? File consent orders. If not, file an Initiating Application with required forms.
- Early case management: risk screening (Lighthouse), possible Child Impact Report, interim orders.
- Evidence building: disclosure, subpoenas (if needed), Family Report, conferences.
- Resolution or hearing: consent or judicial decision on best interests.
15) FAQs
Do grandparents (or other carers) have standing? Yes—grandparents and other people concerned with a child’s care can apply for parenting orders.
Is “50/50 custody” the default? No. There is no presumption of equal time or equal decision-making. The Court tailors arrangements to the child’s best interests.
Can we self-draft an agreement? Yes; a parenting plan is useful, but make it precise. Convert it to consent orders if you need enforceability.
What if I’m worried about international removal? You can seek orders to place the child on the Airport/Family Law Watchlist.
What happens if orders are ignored? The Court can enforce them with a range of penalties and/or make recovery orders.
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