In short
The child's best interests are the most important consideration. There's no presumption of 50/50 equal time - it happens only if parents agree or a court decides it's best for the child. If you agree, you can make a parenting plan or legally binding consent orders. If you don't, you usually need to try mediation before going to court.
How does the court decide parenting arrangements?
The best interests of the child are the most important consideration when the court makes parenting orders. The court looks at:
- what arrangements keep the child, and each person caring for them, safe
- any views the child expresses
- the child's developmental, emotional, psychological and cultural needs
- each parent's ability to meet those needs
- the benefit of the child having a relationship with both parents and other important people, where it's safe
- anything else relevant - including any history of family violence
For Aboriginal and Torres Strait Islander children, the court also considers their right to enjoy their culture.
Is 50/50 custody automatic in Australia?
No. There's no presumption of equal time - equal time happens only if parents agree or a court decides it's best for the child. Australian law doesn't use the word custody either. Orders say who a child lives with and spends time with.
The law changed on 6 May 2024. The old presumption of "equal shared parental responsibility" was removed. Both parents still have parental responsibility unless a court orders otherwise, and the court can order joint or sole decision-making on major long-term issues like schooling, health, religion and the child's name.
What are your options if you agree?
You have two options for recording what you've agreed: a parenting plan, which isn't legally enforceable, or parenting consent orders, which are legally binding.
Parenting plan
A written agreement, signed and dated by both parents, made without pressure or coercion. Flexible and easy to change - but not legally enforceable.
Parenting consent orders
Your agreement made into court orders. Legally binding, usually made without a hearing. No mediation certificate needed. More on consent orders.
Many families start with a parenting plan and move to consent orders for certainty. If parenting orders are sought, a Notice of Child Abuse, Family Violence or Risk is filed with them.
What happens if you can't agree on parenting?
Before you can apply to the court for parenting orders, you usually need to try family dispute resolution (a form of mediation) and get a certificate from an accredited practitioner (a "section 60I certificate"). Without it, or an exemption, the court will reject your application.
Exemptions include family violence or child abuse (or a risk of either), urgency, being unable to take part effectively, and some breaches of recent orders.
At a Family Relationship Centre, the first hour of joint mediation is free. After that, fees are generally $30 an hour for the second and third hours if you earn $50,000 or more, and free if you earn less or receive Centrelink benefits. Private mediators set their own fees.
If mediation doesn't resolve it, a court application is a bundle of documents: an Initiating Application, the mediation certificate (or exemption), a Notice of Child Abuse, Family Violence or Risk, a Genuine Steps Certificate and a Parenting Questionnaire. Matters can still settle by consent at any stage.
How does ezysplit help with parenting arrangements?
Rachel gets your situation down on paper, and a family lawyer helps you make arrangements that are fair, safe and stick.
- Tell Rachel your situationWhere the kids live now, what's working, what isn't, and whether you and the other parent agree.
- Advice from a family lawyerInitial parenting advice and a written strategy, so you know where you stand.
- The right paperworkIf you agree: a parenting plan and parenting consent orders. If you don't: a parenting proposal to the other parent, and preparation for mediation.
- A lawyer with you at mediationOn our "We Don't Agree" package, your lawyer prepares you and sits beside you on the day.
- Make it officialConsent orders filed with the court, reviewed by your lawyer first. If it has to go to court, you'll get a fixed quote for each stage before any work begins.
Can I relocate or travel with the children?
If you want to move a significant distance, try to agree first, then use mediation, then apply for orders. Moving without agreement can lead to the court ordering you to come back.
Overseas travel. Once parenting orders are in place or court proceedings have started, taking a child out of Australia without the other party's formally witnessed written consent or a court order is a criminal offence.
Frequently asked questions
Is there a 50/50 custody rule in Australia?
No. There's no presumption of equal time, and there never has been. The law doesn't use "custody" either - orders say who a child lives with and spends time with. Equal time happens only if parents agree or a court decides it's best for the child.
What's the difference between a parenting plan and consent orders?
A parenting plan is a written agreement, signed and dated by both parents and made without pressure. It isn't legally enforceable. Consent orders are court orders made from your agreement. They're legally binding, and breaching them has consequences.
Do we have to go to mediation before court?
Usually, yes. You must try family dispute resolution and get a section 60I certificate before applying for parenting orders. Exceptions include family violence or child abuse, urgency and being unable to take part. You don't need a certificate to apply for consent orders.
How much does mediation cost?
At a Family Relationship Centre, the first hour of joint mediation is free. The second and third hours are generally $30 an hour if you earn $50,000 or more, and free if you earn less or receive Centrelink benefits. Private mediators set their own fees.
At what age can my child decide where they live?
There's no set age. The court must consider any views a child expresses, and how much weight they get depends on the child's age, maturity and understanding. Children are never required to give a view.
Can I move or travel overseas with my child?
Try to agree first. Moving without agreement or an order can lead to the court ordering you to return. If parenting orders exist or proceedings have started, taking a child overseas without the other party's formally witnessed written consent or a court order is a criminal offence.
Can parenting orders be changed later?
Yes, by agreement - with a new parenting plan or consent orders. If you don't agree, the court will only reconsider final orders if there's been a significant change in circumstances and it's in the child's best interests.
Sources checked 19 October 2026: Attorney-General's Dept - Children and family law · Attorney-General's Dept - Parenting plans fact sheet · Attorney-General's Dept - Section 60I certificates · FCFCOA - Children overview · FCFCOA - We have agreed · FCFCOA - We can't agree · FCFCOA - Relocation and travel · Family Relationships Online - Fees · FCFCOA - Fees