Family Law & Divorce

Parenting Orders

Also known as: custody orders

In plain English

Legally binding orders made by a court about the care of children, including who they live with and spend time with.

What it means

Parenting orders are court orders under the Family Law Act 1975 (Cth) that set out arrangements for children, such as who they live with, who they spend time and communicate with, parental responsibility, and how disputes are resolved. They can be made by consent (agreed between parents) or after a contested hearing. Unlike a parenting plan, parenting orders are enforceable, and breaching them without a reasonable excuse can lead to a contravention application. Australia no longer uses the term "custody"; parenting orders use language like "lives with" and "spends time with".

How it's used

When the parents could not agree, the court made parenting orders that the children live with their mother and spend alternate weekends with their father.

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