When my former partner and I separated, the most challenging part wasn’t dividing furniture or sorting finances—it was figuring out how to parent together while living apart. Like many families in Melbourne, we wanted stability for our kids, but disagreements quickly made that difficult. That’s when I discovered the importance of parenting orders—court-issued directions that make parenting arrangements legally enforceable.

Whether you’re newly separated or in the thick of co-parenting challenges, understanding what parenting orders are, how they work, and how they’re enforced in Victoria can save you heartache, stress, and money. In this guide, I’ll share exactly what I learned: from the basics of obtaining an order, to what happens when one parent breaches it, and how the law helps protect children’s best interests.

1. What Is a Parenting Order?

A parenting order is a legal directive made by the Federal Circuit and Family Court of Australia (FCFCOA) that sets out arrangements for a child’s care, welfare, and upbringing. It can cover:

• Who the child lives with
• How much time they spend with each parent
• Communication methods (calls, messages, video chats)
• Schooling, medical decisions, and religious upbringing
• Holiday and travel arrangements

Once made, a parenting order is legally binding. Breaching it can have serious consequences, including fines, make-up time, or even jail time in severe cases.

2. Types of Parenting Orders

Parenting orders can be made in two ways:

• By consent: When parents agree on arrangements and apply to the court for “consent orders.”
• By court decision: When parents disagree, and a judge decides based on the child’s best interests.

Parenting orders can cover all aspects of a child’s life or just one issue (for example, schooling). They are flexible but always framed around what benefits the child, not the parents.

3. Who Can Apply for a Parenting Order in Victoria?

It’s not just biological parents. The law recognises the importance of broader family connections. You can apply for a parenting order if you are:

• A parent (biological, adoptive, or legal guardian)
• A grandparent
• Another person concerned with the child’s care, welfare, or development (for example, a step-parent)

Before going to court, most applicants must attempt Family Dispute Resolution (FDR) and obtain a section 60I certificate. This certificate proves you’ve tried to resolve the dispute outside court unless exemptions apply (such as family violence, urgency, or safety concerns).

4. How Courts Decide Parenting Orders

In Victoria—and across Australia—the court’s top priority is always the best interests of the child. Section 60CC of the Family Law Act 1975 lists the main considerations:

• The benefit of the child having a meaningful relationship with both parents
• The need to protect the child from physical or psychological harm
• The child’s views (depending on age and maturity)
• The effect of changes in living arrangements
• The capacity of each parent to meet the child’s needs

The court encourages shared parental responsibility—meaning both parents make major decisions together—but this doesn’t always mean equal time. If family violence or neglect exists, the court prioritises safety over shared care.

5. Consent Orders vs. Parenting Plans

Many parents confuse these two, but they’re not the same:

Parenting Plan

A parenting plan is a written agreement outlining how you’ll co-parent. It’s flexible and can be changed at any time by agreement. However, it’s not legally enforceable.

Consent Orders

Consent orders formalise your agreement in court. Once approved, they become legally binding, just like a court-made parenting order. If someone breaches a consent order, the other parent can ask the court to enforce it.

6. Enforcing a Parenting Order

When one parent doesn’t follow the order—perhaps by withholding the child, refusing visits, or breaching communication terms—you can apply to the court to have it enforced. The process is called a contravention application.

The applicant must show that the other person:

• Intentionally failed to comply with the order, or
• Made no reasonable attempt to comply.

If the breach was accidental, unavoidable, or due to circumstances beyond control (like illness or emergencies), the court may take a more lenient view.

7. What Happens If a Parenting Order Is Breached?

When a contravention application is filed, the court can respond in several ways depending on the seriousness and intent. Options include:

• Ordering the parent to attend a post-separation parenting program
• Compensating the other parent with “make-up time”
• Imposing fines or requiring payment of legal costs
• Changing the existing parenting order
• In extreme cases, sentencing the person to imprisonment (for serious, repeated breaches)

Judges often encourage compliance through education and counselling first, reserving harsher penalties for ongoing defiance.

8. Penalties and Court Responses

Here’s how the FCFCOA generally classifies breaches:

The court also has discretion to vary or replace the order if it no longer serves the child’s best interests.

9. Can Parenting Orders Be Changed?

Yes. Parenting orders aren’t set in stone. If circumstances significantly change—such as a parent relocating, health issues, or the child’s evolving needs—you can apply to vary the order.

Before applying, you must usually attempt Family Dispute Resolution again, unless there’s risk or urgency. The court applies the principle from Rice v Asplund (1979): there must be a “significant change in circumstances” to justify reopening the case.

When both parents agree on the changes, the simplest path is to file updated consent orders.

Final Thoughts & Recommendation

Parenting orders bring structure and predictability to family life after separation. They provide clarity about who does what, when, and how—and most importantly, they protect the well-being of children. But like any legal document, their power lies in compliance. Understanding enforcement options ensures that both parents stay accountable and that children remain the focus.

If you’re in Melbourne or anywhere in Victoria and need help applying for, enforcing, or varying a parenting order, reach out to Hymans Legal. Their experienced family lawyers specialise in parenting disputes, consent orders, and family violence matters—and they know how to resolve issues efficiently and compassionately.

Recommended: Hymans Legal — Call 1300 667 116

Disclaimer: This article provides general information only and does not constitute legal advice. Always obtain advice specific to your circumstances.