Arrangements for children after separation can be recorded informally, agreed formally, or decided by a court where parents cannot reach agreement. Each option has different legal weight, and choosing the right one depends on your circumstances and how much certainty you need.
Parenting plans, consent orders and court orders
A parenting plan is a written agreement between parents that is not legally enforceable, but can still be useful evidence of your intentions. Consent orders formalise an agreement into a court order that is legally binding and enforceable. Where parents cannot agree, either can apply to the court for parenting orders to be made.
What the court considers
Any decision about children is guided by what is in their best interests, considering factors such as their safety, their relationships with each parent and other significant people, their views (depending on age and maturity), and each parent’s capacity to meet their needs. There is no automatic assumption that care should be split equally — the focus is on the individual child’s circumstances.
Family dispute resolution before court
Before applying to court for parenting orders, parents are generally required to attempt family dispute resolution (FDR) and obtain a certificate confirming that genuine attempts were made, unless an exception applies — most importantly for urgency or family violence concerns. In South Australia, FDR is available locally through Relationships Australia SA’s Family Relationship Centres, and family law conferences through the Legal Services Commission of SA.
Complex situations
Some matters raise additional complexity, including allegations of family violence or safety concerns, substance abuse, a parent wanting to relocate with a child, or a parent not complying with existing orders. These situations often need more structured legal input from an early stage.
Frequently asked questions
What is the difference between a parenting plan and consent orders?
A parenting plan is a written agreement that is not legally enforceable. Consent orders formalise the same kind of agreement into a binding, enforceable court order.
How does the court decide care arrangements?
By reference to what is in the best interests of the child in their specific circumstances — there is no automatic entitlement to equal time.
Do we have to try mediation before going to court?
Generally yes, through family dispute resolution, unless an exception applies such as urgency or family violence.
What if my ex-partner is not following the current arrangements?
Depending on how the arrangement is documented, there may be options ranging from renewed dispute resolution through to enforcement proceedings if formal orders are in place.
Can I relocate with my child?
Relocation can significantly affect existing arrangements and often needs specific advice and, if agreement cannot be reached, a court application before you move.
Decisions about children are assessed separately from financial matters, but the two rarely move in isolation — see our family law services in Adelaide for how the pieces connect.
Contact WPI Lawyers to discuss parenting arrangements for your family.