Family Law - Parenting & Children matters in Canberra
At R+M Law we pride ourselves on providing a professional, warm, and responsive service with a focus on excellence in parenting and children’s matters.
Family law matters involving parenting and children are sensitive and complex. Following separation, parents have a responsibility to implement care arrangements and make long-term decisions that are in the best interests of their children. However, parents often disagree about what is in the children’s best interests, particularly where there are no agreements in place. There are several avenues available to parents who wish to formalise arrangements in relation to the care of their children.
Parenting Plan
A parenting plan is a written agreement between parents in relation to matters concerning the children such as:
Where the children will live;
How much time the children will spend with each parent;
Who will make major long-term decisions regarding the children;
Communication between the children and other people important to them;
The financial commitment that each parent will make towards the children;
How matters will be resolved if the parents cannot agree; and
Any other matter relevant to the care, welfare, and/or development of the children.
As a parenting plan is not legally enforceable, there are not legal consequences that flow if a parent fails to comply with the terms of a parenting plan. Therefore, a parenting plan can be suitable for parents who can agree upon the care arrangements for the children and would like a degree of flexibility that allows them to change or set aside a parenting plan by entering into a new plan by agreement, if required in the circumstances.
Parenting Orders
The Federal Circuit and Family Court of Australia can issue formal Court Orders in relation to the care arrangements and other relevant matters involving children. Parenting Orders made by the Court are binding and enforceable; therefore, they carry legal consequences if either parent breaches the terms of the Orders.
If parents are able to reach an agreement for the care arrangements of the children, parenting Orders can be made by consent. If parents cannot reach an agreement, the Court can make parenting Orders, taking into account:
the benefit to the children of having a meaningful relationship with both parents;
the need to protect the children from physical or psychological harm or from being subjected or exposed to abuse, neglect or family violence;
any views expressed by the children, considering their age, and any possible factors that the court sees as relevant in determining the weight that should be given to the children’s views;
the nature of the children’s relationship with each parent and other relatives;
the degree to which the parents have spent time with and participated in making major long-term decision making on behalf of the children;
the degree to which each parent has fulfilled their duty to maintain the children;
the likely effect that changes to the children’s circumstances would have on the children, including separation from a parent, sibling, relative or other important person;
any practical difficulties and expense of the children communicating or spending time with a parent;
the capacity of the parents or other persons to provide for the physical, emotional, and intellectual needs of the children;
the children’s maturity, sex and lifestyle and background;
if the children are Aboriginal or a Torres Strait Islander, the children’s right to maintain and enjoy their cultural heritage;
the attitude to the child and to the responsibilities of parenthood, shown by each parent;
if there are any issues in relation to family violence;
any other matters that the Court considers relevant.
Parenting orders are intended to apply until the children are 18 years old and can only be varied or set aside in limited circumstances. In the event parents agree that the Orders should be varied or set aside, they can do so by entering into a subsequent parenting plan or consent orders. If parents cannot agree, and seek the assistance of the Court, they must be able to show that there has been a significant change in circumstances.
As parenting Orders are legally enforceable, they are suitable for parents who have reached an agreement on all relevant matters concerning the children and wish for the arrangement to be formalised, or for parents who cannot reach an agreement and require the assistance of the Court to make decisions about what is in the best interests of the children and make the decision into Orders.
At R+M Law, we understand that every family is different. Our team of experienced lawyers can advise you on which avenue is most suitable for your individual circumstances. We will use our expertise and experience to help guide you through the process of your parenting matter to achieve the best possible outcome in the shortest possible time frame.
If you are unsure of your rights, entitlements or obligations in relation to a parenting matter please contact us to make an appointment with a member of our team on (02) 6225 7040, by email on info@rmfamilylaw.com.au, or click the link below to get started online.
Frequently Asked Questions
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Under the Family Law Act 1975, both parents retain parental responsibility for their children after separation — meaning both continue to have a say in major long-term decisions about the children's health, education, and welfare. The law requires parents to make arrangements that are in the best interests of the children. If parents cannot agree, either may apply to the Federal Circuit and Family Court of Australia for parenting orders. R+M Law assists separated parents in Canberra, Queanbeyan, and Yass to resolve parenting disputes as efficiently and amicably as possible.
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Informal arrangements work well while parents cooperate — but they offer no legal protection if one parent later changes their mind, relocates, or refuses to return the children. Formalising arrangements through consent orders (approved by the court) makes them legally enforceable. Breaching a court order has serious legal consequences. R+M Law advises parents on whether a parenting plan, consent orders, or court-made orders are most appropriate for their situation.
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A parenting plan is a written agreement between parents — it is flexible and can be changed by a new agreement at any time, but it is not legally enforceable. Parenting orders are formal court orders — they are legally binding and enforceable, and can only be varied in limited circumstances. Parents who cooperate well may prefer a parenting plan for its flexibility. Those who need certainty, or where there is a history of non-compliance, should formalise arrangements through parenting orders.
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Australia uses the term 'parenting arrangements' rather than 'custody.' The Family Court does not automatically award shared or equal time — it makes orders based on what is in the best interests of each particular child. Key factors include: the benefit of a meaningful relationship with both parents; protection from harm, abuse, or family violence; the child's own views (based on age and maturity); each parent's capacity to meet the child's needs; and the practical impact of any proposed arrangement on the child.
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If parents cannot reach agreement, the law generally requires them to attempt family dispute resolution (mediation) before applying to court — unless there is a risk of family violence or child abuse. A registered family dispute resolution practitioner issues a Section 60I Certificate, which is required to file for parenting orders. If mediation fails or is inappropriate, either parent may apply to the Federal Circuit and Family Court of Australia. R+M Law assists with both mediation and court proceedings.
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No. Relocating a child — particularly interstate or internationally — without the consent of the other parent or a court order is not permitted and can have serious legal consequences, including orders for the child's return. If you wish to relocate with your child, you should first seek agreement from the other parent. If agreement cannot be reached, you must apply to the court for a relocation order. R+M Law advises on both relocation applications and objections to relocation.
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Family violence is a critical consideration in all parenting matters. The Family Law Act 1975 requires the court to give significant weight to the need to protect children and parents from the risk of family violence. Where there is a history of family violence, the court may impose supervised contact, restrict communication between parents, or make orders that limit one parent's time with the children. R+M Law is experienced in navigating parenting matters where family violence is a concern.
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R+M Law's family lawyers in Canberra advise you on your rights and responsibilities as a parent, explain what arrangements are realistic given your circumstances, assist with drafting parenting plans and consent orders, represent you in family dispute resolution, and advocate strongly in court when necessary. We understand that parenting matters involve your children's wellbeing — we treat every case with the care and seriousness it deserves.
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Yes. Grandparents and other significant people in a child's life can apply to the Federal Circuit and Family Court of Australia for parenting orders granting them time with, or communication with, a child. The court considers the nature and importance of the grandparent's relationship with the child, and whether spending time with the grandparent is in the child's best interests. R+M Law assists grandparents in Canberra, Queanbeyan, and Yass with applications for parenting orders.