Parenting arrangements lawyer Brisbane: calm guidance to agree what's best for your children
Helping separated parents across Brisbane Northside agree parenting plans, Consent Orders and court arrangements for their children, without escalating conflict.
Working out what happens with your children after separation is often the hardest part of the process. Our Family Law team helps separated parents across Brisbane understand their options for parenting arrangements, including where children live, how time is shared, and how major decisions about school, health and long-term needs are made. If you need help preparing a parenting plan, Consent Orders or court orders, we can give you clear, practical advice about the next step.
The law changed the way parenting arrangements are decided. From 6 May 2024, reforms introduced by the Family Law Amendment Act 2023 amended the Family Law Act 1975, removing the old presumption of equal shared parental responsibility and introducing a simpler list of best interests considerations focused on your child’s safety, views, developmental needs and circumstances. Every decision is measured against the best interests of the child, and our Family Law team explains what this means in plain English.
Parenting plan, court orders or Consent Orders: what's the difference
There are three main ways to record a parenting arrangement.
A parenting plan is a written agreement that parents make between themselves. It is flexible and can be updated if both parents agree, but it is not enforceable as a court order.
Parenting orders are orders made by the Federal Circuit and Family Court of Australia. They may be made after a contested hearing, or by agreement when the terms are filed and approved as Consent Orders.
Consent Orders are parenting orders made by agreement. They are legally enforceable and can give both parents more certainty about what has been agreed.
Why we use parenting arrangements, not custody
If you searched for a child custody lawyer in Brisbane or custody lawyer Brisbane, you are not alone. Many parents still use the word “custody” because it is familiar.
Australian family law no longer uses custody as the main legal language. The law now talks about parenting arrangements, parental responsibility, who a child lives with, who a child spends time with, and how major long-term decisions are made. We still explain this in everyday language, so you understand what applies to your situation.
What a parenting plan or parenting order covers
A parenting plan or parenting order usually covers the same practical issues:
- where the children live, and how time is shared between both homes
- how decisions are made about school, health, religion, culture and other major issues
- how changeovers happen, and who does the pick-up and drop-off
- how holidays, birthdays and special occasions are shared
- how parents communicate about the children
- how disagreements are managed if something changes
There is no single arrangement that suits every family. We ask about your children, their routines, their needs and your family circumstances before we suggest a pathway.
Parenting Consent Orders and court orders for parenting arrangements
Once you and the other parent agree on parenting arrangements, you can formalise the agreement as Parenting Consent Orders. This makes the agreement legally binding and enforceable through the court.
Consent Orders can also cover property and superannuation matters. Our Family Law team can explain the full process and the time limits that apply, and can help with a property settlement where that forms part of your matter.
The process for reaching a parenting agreement
1. Talk it through, if it’s safe
If communication is safe and practical, the first step is often to talk through the shape of an arrangement between yourselves. This may include where the children live, how time is shared and how important decisions are made.
2. Try family dispute resolution
Before applying to court for parenting orders, most parents need to make a genuine effort to resolve the dispute through family dispute resolution. If the matter does not resolve, an accredited family dispute resolution practitioner may issue a section 60I certificate.
Our Family Law team can help you prepare for family dispute resolution and understand what to expect before you attend.
3. Formalise what you agree
If you reach an agreement, you can record it as a parenting plan for flexibility, or as Consent Orders if you want the arrangement to be legally enforceable.
4. Consider court if agreement is not possible
If an agreement is not possible, you may need to apply to the Federal Circuit and Family Court of Australia for parenting orders. Our Family Law team can explain the court pathway, the documents involved and the next steps.
You do not have to attempt family dispute resolution first in every situation. Exceptions may apply where there has been family violence, risk of child abuse, urgency, or where the other parent will not genuinely participate. Tell us early if safety is a concern, so we can help you consider the right pathway.
Parenting arrangements frequently asked questions
What's the difference between a parenting plan and Consent Orders?
The difference between a parenting plan and Consent Orders is that Consent Orders are legally enforceable, while a parenting plan is not. A parenting plan is a written agreement parents make between themselves, and it can be changed if both parents agree. Consent Orders are filed with the Federal Circuit and Family Court of Australia and made as court orders, so they can be enforced if one parent does not follow them. If you want certainty about parenting arrangements, our Family Law team can help you decide whether a parenting plan or Consent Orders is the better option.
Do I have to go to mediation before applying for parenting orders?
Whether you have to go to mediation before applying for parenting orders depends on your circumstances, but most parents need to make a genuine effort to resolve parenting issues through family dispute resolution first. If the matter does not resolve, a family dispute resolution practitioner may issue a section 60I certificate. Exceptions may apply where there is family violence, risk of child abuse, urgency, or another reason the process is not appropriate. If safety or urgency is a concern, speak with our Family Law team before arranging mediation.
Is the word 'custody' still used in Australian family law?
The word custody is no longer the main term used in Australian family law, even though many parents still search for ‘child custody lawyers Brisbane’ or ‘custody lawyer Brisbane’. The law now talks about parenting arrangements, parental responsibility, who a child lives with, who a child spends time with, and how major long-term decisions are made. We use plain-English explanations so you understand what the legal wording means for your family. If you are unsure what arrangement you need, our Family Law team can explain the options in practical terms.
What does the court consider when deciding parenting arrangements?
When deciding parenting arrangements, the court considers what is in the best interests of the child. Since reforms took effect on 6 May 2024, the Family Law Act 1975 uses a simpler list of best interests considerations, including the child’s safety, the child’s views, the child’s developmental, psychological, emotional and cultural needs, each parent’s capacity to meet those needs, and the benefit of relationships with parents and other significant people where it is safe. There is no assumed starting point of equal time. If you are trying to work out what is realistic for your children, our Family Law team can help you apply those principles to your situation.
Can a parenting plan be changed later?
A parenting plan can be changed later if both parents agree to the change in writing. That flexibility is one reason some families use a parenting plan while routines are still settling. If you want the arrangement to be enforceable, or you can no longer agree on changes, Consent Orders may be more appropriate. Before changing an existing arrangement, speak with our Family Law team about the safest way to record the change.
What happens if the other parent doesn't follow the parenting arrangement?
What happens if the other parent does not follow the parenting arrangement depends on whether the arrangement is a parenting plan or a court order. A parenting plan is not legally enforceable, so the next step may be to negotiate changes, attend family dispute resolution or apply for Consent Orders. Consent Orders and other parenting orders are enforceable, and if a parent does not comply without a reasonable excuse, legal options may include a contravention application. If the arrangement is breaking down, get advice before withholding time or making major changes yourself.
How much does it cost to get help with parenting arrangements?
The cost of getting help with parenting arrangements depends on whether you need a parenting plan drafted, Consent Orders prepared, support through family dispute resolution, or advice about a court application. Kelly Lawyers offers fixed-fee initial consultations, so you know the cost of the first step before you commit. After that, we provide a written estimate once we understand your situation and the work required. To understand the likely cost for your matter, please review our fees page or book a confidential first call with our Family Law team.
These FAQs are general information only, not legal advice for your situation. Every matter is different, and the right next step depends on your circumstances. For advice tailored to you, please speak with our team.
Speak with a Brisbane Northside family lawyer
If you are working out parenting arrangements, preparing for family dispute resolution, or want an agreement made enforceable, a confidential call can give you clarity. Call our Ascot office on (07) 3268 7199 or send a confidential enquiry online.
Kelly Lawyers | Ascot, Brisbane Northside | Servicing Clayfield, Hamilton, Nundah, Kedron, Stafford and Chermside.