Parenting Orders in Australia: What Separated Brisbane Parents Need to Know in 2026
Separation is hard enough without trying to decode the family law system at the same time. This guide explains how parenting arrangements are decided in Australia, what changed under the recent reforms to the Family Law Act, and the practical steps from separation through to court orders - written for parents in Brisbane and across Queensland.
Parenting plans vs parenting orders
Most separated parents never see the inside of a courtroom. If you and your former partner can agree on arrangements, you have two main options:
- A parenting plan - a written agreement signed by both parents. Flexible and easy to update, but not enforceable.
- Consent orders - your agreement formalised by the Federal Circuit and Family Court of Australia (FCFCOA). These carry the same force as orders made by a judge, without anyone attending court.
Court proceedings are the pathway when agreement genuinely cannot be reached, or where safety concerns make negotiation inappropriate.
The best interests of the child: what the court actually weighs
Every parenting decision the court makes is governed by one paramount consideration: the best interests of the child. Following the reforms that commenced in May 2024, the Family Law Act now sets out a streamlined list of considerations, including:
- the safety of the child and their carers, including any history of family violence;
- the child's own views;
- the developmental, psychological, emotional and cultural needs of the child;
- the capacity of each parent to meet those needs;
- the benefit to the child of a relationship with both parents, where it is safe;
- anything else relevant to the child's circumstances.
Importantly, the former presumption of "equal shared parental responsibility" was removed by those reforms. There is no starting assumption about how time is divided - arrangements are built around the individual child.
Before you can file: mediation and the section 60I certificate
In most cases, parents must attempt family dispute resolution (mediation) before filing a parenting application. If mediation fails or the other parent refuses to attend, the mediator issues a section 60I certificate, which allows you to file. Exemptions apply - most significantly in matters involving family violence, child abuse or genuine urgency.
What court proceedings look like
If a matter does proceed, the FCFCOA follows a structured pathway designed to resolve cases early:
- Filing - an Initiating Application supported by an affidavit setting out your evidence.
- First return and interim hearing - the court can make interim orders about where children live and how they spend time with each parent while the case continues.
- Court-ordered dispute resolution - most matters are directed back to mediation or a conciliation-style event.
- Trial - only a small fraction of matters reach a final hearing before a judge.
The affidavit is where cases are won and lost. It is your evidence, and its quality - relevance, structure, restraint - matters far more than its length.
When the other side won't engage
A common frustration is a former partner (or their lawyers) who simply doesn't respond. The system has tools for this: procedural applications can compel compliance, and courts take a dim view of parties who ignore reasonable proposals to progress a matter. Silence is a strategy that tends to end badly for the silent party.
Frequently asked questions
Is there an automatic 50/50 arrangement?
No. There has never been an automatic entitlement to equal time, and the 2024 reforms removed the presumption that previously led to that misconception. Arrangements turn on the child's best interests.
How long does a parenting matter take?
Consent orders can be sealed within weeks. Contested proceedings commonly run 12 months or more to final hearing, though interim orders provide certainty in the meantime.
Do children get a say?
A child's views are a relevant consideration, given weight according to their age and maturity - usually conveyed through a family report writer or independent children's lawyer, not by children attending court.
Get advice early - it changes outcomes
The strongest positions in parenting matters are built early: sensible proposals, clean correspondence, and evidence gathered before it's needed. Aegis Law Group acts for parents in the FCFCOA from consent orders through to final hearings. Contact our Brisbane office for a confidential consultation.
This article is general information only and is not legal advice. Your circumstances matter - get advice specific to them.
