DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- Most parents agree on arrangements for the children without going to court.
- Since 6 May 2024 the law no longer starts from a presumption of equal shared parental responsibility. A court looks at what is best for each child, with safety at the centre.
- Before applying for parenting orders, you usually need a certificate from family dispute resolution, unless an exemption applies, for example for family violence.
- Child support is a separate process run by Services Australia.
- If you or your children are unsafe, call 000. DVConnect is on 1800 811 811.
Deciding how your children will live after a separation is one of the hardest parts. This guide gives general information only. If you or the children are in danger, call 000. DVConnect is on 1800 811 811, and Lifeline is on 13 11 14.
What this usually means
Parents can agree on arrangements themselves. This might cover where the children live, when they spend time with each parent, and how big decisions are made. You can write this down in a parenting plan. A parenting plan is a record of what you agreed. It is not a court order.
If you want an agreement the court backs, you can ask the Federal Circuit and Family Court of Australia to make it into consent orders.
If you cannot agree, a court can make parenting orders. Family law changes that started on 6 May 2024 matter here. The law no longer starts from a presumption that parents share responsibility equally. Instead the court looks at what is best for each child, using a shorter list of factors. The safety of the child and the people who care for them is the central one.
Child support is a separate system. It is about money and is run by Services Australia, not the court.
What you can do now
- Keep the children safe. If there is violence or a risk to the children, get help first. Call 000 in danger, or DVConnect for advice and a safe plan.
- Try to agree, if it is safe. Talk or write down what each of you proposes. Keep messages calm and keep copies.
- Call the Family Relationship Advice Line on 1800 050 321 for free information and to be pointed to family dispute resolution.
- Consider family dispute resolution. This is a meeting with an independent practitioner. Tell them about any safety concerns.
- Get legal information early. Legal Aid Queensland, a community legal centre or a lawyer can explain what is likely to apply to you.
- Contact Services Australia about child support. You can ask for an assessment even if you have not settled the care arrangements. They will ask about care, so be ready to explain it.
Time limits
There is no single time limit for parenting arrangements. These points are related.
- Section 60I certificate: this is usually valid for 12 months. If you want to file for parenting orders, you generally need a current certificate or an exemption. Since the June 2025 changes, the court must reject an application that has neither.
- Child support back payments: Services Australia can usually collect overdue payments for up to 3 months, or up to 9 months in exceptional circumstances. Raise problems early.
If it goes further
Before filing a parenting application you will usually need to try family dispute resolution first, and get a certificate from the practitioner. You do not need one in some cases, such as when you are applying for consent orders, or when an exemption applies. Exemptions can apply if there is family violence or child abuse, or the matter is urgent. A lawyer can tell you how to apply.
If you file, the court will look at what is best for each child. It may order a family report, or appoint a lawyer for the children. You can also ask for urgent orders if a child is at risk.
Things that can help
Think about the children's day to day life: school, sport, health, and each child's age. What works for a baby is different from what works for a teenager. Arrangements can be changed later by agreement as the children grow.
If it is not safe to talk to the other parent directly, a family dispute resolution practitioner can often work with each of you separately. Ask the service what is available. Supervised time and supervised changeovers are services some families use, and the Family Relationship Advice Line can explain what exists near you.
Keep child support in mind, but keep it separate in your thinking. Services Australia calculates it from both parents' incomes, the care each provides and the children's ages. You can choose to have Services Australia collect and pass on the payments (Child Support Collect), or arrange payments privately between yourselves (Private Collect). If it may be unsafe to contact the other parent, Services Australia advises you to call the Child Support enquiry line on 131 272 to talk about safer options.
Questions to ask whoever helps you
- Do I need a section 60I certificate, or can I ask for an exemption?
- Is family dispute resolution safe in my situation?
- Should we turn our agreement into consent orders, or is a parenting plan enough?
- How will the care arrangements affect child support?
- What can I do if the other parent does not follow the arrangements?
Good questions
Do I need a court order to change the children's arrangements?
No. Parents can agree between themselves, write down a parenting plan, or ask a court to make the agreement into consent orders. A court is mainly for when you cannot agree.
What if family dispute resolution is not safe for me?
Tell the service about family violence or child abuse. In some cases an exemption from the certificate rule applies. A lawyer can tell you whether it applies to you.
Is child support linked to the time the children spend with each parent?
Yes, in part. The amount depends on both parents' incomes and the amount of care each provides. The two things are decided in different places.
Words you might hear
- Parenting orders
- Orders from a court about who the children live with, spend time with and who makes big decisions.
- Section 60I certificate
- A certificate from a registered family dispute resolution practitioner, showing you tried or were exempt from family dispute resolution.
- Parenting plan
- A written agreement between parents. It is not a court order.
Where this comes from
- Family law changes from 6 May 2024, Federal Circuit and Family Court of Australia
- Family Law Amendment Act 2023, Federal Register of Legislation
- Court update on section 60I changes (June 2025), Federal Circuit and Family Court of Australia
- Family dispute resolution, Attorney-General's Department
- Contact Child Support, Services Australia
- Compare your child support collection options, Services Australia