In Australia matters relating to children are dealt with under the Family Law Act (1975). The main goal of the Family Law Act is to encourage parents to try to agree on arrangements for children and to sort out any disagreements away from the court.
The Act covers all children, whether the parents are married or not. However, it doesn't cover all property disputes.
The Family Law Act states that:
- Both parents are responsible for the care and welfare of their children until the children reach 18
- Arrangements that involve shared responsibilities and co-operation between the parents are in the best interests of the child.
The law covers issues such as children's living arrangements, who they may visit and communicate with and who is financially responsible for their care.
NB: Western Australia has its own Family Court Act (1997). Its family law and court processes are similar to the rest of Australia however it also covers de facto property disputes.
What Does 'the Best Interests Of The Child' Mean?
When deciding on parenting arrangements the Family Law Act now directs parents (and the legal system) to regard the best interests of the child as the most important consideration.
In deciding what is in the best interest of a child, the Act requires the court to take into account a number of considerations.
The primary considerations are the need for children to:
- Have a meaningful relationship with both parents and
- Protect them from physical or psychological harm (from being subjected or exposed to abuse, neglect or family violence).
To read more about the Family Law Act (1975) and the best interests of the child visit the
Family Law Court website.
Do The Recent Changes To The Family Law Act Affect Me?
Recent changes have been made to the Family Law Act in regards to disputes over children. Therefore, if you can't agree on the parenting arrangements for your children (and you Don't already have Parenting Orders in place that were created before 1 July 2006) then the new laws will affect you.
The changes aim to:
- Keep parents out of court by resolving disputes where possible between themselves
- Encourage co-operative and shared parenting after separation
Essentially the new laws require separated parents to attend Dispute Resolution before applying for Parenting Orders. There are some exceptions to these requirements, such as those involving family violence or child abuse.
To find out more about the changes to the Family Law Act & Dispute Resolution visit the
Family Law Courts website.
What Are Consent Orders?
A consent order is a written agreement that has been approved by a court. A consent order can cover parenting arrangements for children (the parenting plan) as well as financial arrangements such as property and maintenance.
You can apply for a Consent Order without going to court.
Before applying for a Consent Order we recommend that you seek legal advice as these Orders will affect the future happiness and welfare of the entire family.
Click here to download a Consent Orders kit or call 1300 352 000 or visit your nearest family law registry.
What Is A Parenting Plan?
A parenting plan is a written agreement that defines the parenting arrangements for your children. Parenting plans are created and agreed to by both parents. Because you both agree you do not need to go to court.
A parenting plan is not a legally enforceable agreement. To make it into a legal document you can make an application to the Courts to have it approved and made into a Consent Order.
Read more about parenting plans here.
Can People Other Than A Child's Parent Apply To The Court For Orders?
Yes, the Family Law Act (1975) now enables any person who has an interest in the care, welfare and development of a child to be able to make an application about that child e.g. grandparents or other relatives.
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