Child Custody (Parenting Orders) in New South Wales
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In Australia, child custody is handled through parenting orders under Part VII of the Family Law Act 1975. Every decision about a child must be based on the best interests of the child, which is the paramount consideration (s 60CA).
The court presumes that equal shared parental responsibility is in the child's best interest — meaning both parents share major long-term decisions about education, health, religion, and the child's name (s 61DA). This is not the same as equal time. The presumption does not apply if there is family violence or child abuse (s 61DA(2)).
When deciding how much time a child spends with each parent, the court considers the benefit of a meaningful relationship with both parents and the need to protect the child from harm (s 60CC). The court looks at factors such as the child's views, the nature of the relationship with each parent, practical difficulties with proposed arrangements, and any family violence.
Parents can agree on a parenting plan without going to court, or apply for consent orders to make their agreement legally binding.
When does it apply?
These rules apply when:
- Parents (married, de facto, or otherwise) are separating or in dispute about arrangements for children under 18.
- Grandparents or other relatives may also apply for parenting orders in certain situations.
- You must attempt family dispute resolution (FDR) before filing in court, unless there is family violence or urgency (s 60I).
What to Do If You Are in a Child Custody Dispute in Australia
- Try to agree on a parenting plan — courts prefer parents who cooperate. A parenting plan is a written agreement signed by both parents.
- Attend family dispute resolution before applying to court. You need a s 60I certificate to file.
- Focus on the child's best interests — the court considers the child's wishes (depending on age and maturity), safety, and the benefit of a relationship with both parents.
- Document any safety concerns — if there is family violence or abuse, keep records with dates and details.
- Apply for consent orders if both parents agree — this makes the arrangement legally enforceable.
What should you NOT do?
- Don't withhold a child from the other parent unless there is a genuine and immediate safety concern — this can damage your case.
- Don't assume equal shared parental responsibility means equal time — the court decides time arrangements separately based on what is best for the child.
- Don't coach the child or speak negatively about the other parent — the court takes this seriously.
- Don't breach a parenting order — contravention can result in fines, community service, or even imprisonment (s 70NAE).
How New South Wales differs from federal law
Child custody (now called parenting orders) in Australia is governed by the Family Law Act 1975 (Cth). The paramount consideration is the best interests of the child. NSW has extensive family dispute resolution services.
- Before applying to court for parenting orders, parties must attend Family Dispute Resolution (FDR) and obtain a certificate from an accredited FDR practitioner (s 60I), unless an exemption applies (e.g., family violence, urgency).
- NSW has numerous FDR providers, including Relationships Australia NSW, CatholicCare, and other community-based services. Many are funded to provide free or low-cost mediation.
- The FCFCOA in NSW can make parenting orders that specify who the child lives with, who they spend time with, and how parental responsibility is allocated.
- NSW has a Family Violence Strategy that ensures courts and support services are responsive to allegations of family violence in parenting matters. The court can appoint an Independent Children's Lawyer (ICL) to represent the child's interests in complex cases.
- The NSW Department of Communities and Justice (DCJ) intervenes in cases involving child abuse and neglect, which can intersect with family law parenting matters.
Additional Steps in New South Wales
Contact the Family Relationship Advice Line (1800 050 321) to find an FDR provider in NSW. File parenting order applications through the Commonwealth Courts Portal. For urgent matters involving child safety, contact DCJ Child Protection Helpline (132 111).
Relevant Law: Family Law Act 1975 (Cth), Part VII; Children and Young Persons (Care and Protection) Act 1998 (NSW); Family Law Rules 2004
Common Questions
When does child custody (parenting orders) apply?
These rules apply when:Parents (married, de facto, or otherwise) are separating or in dispute about arrangements for children under 18.Grandparents or other relatives may also apply for parenting orders in certain situations.You must attempt family dispute resolution (FDR) before filing in court, unless there is family violence or urgency (s 60I).
What should I do if I can't agree on child custody arrangements in Australia?
Try to agree on a parenting plan — courts prefer parents who cooperate. A parenting plan is a written agreement signed by both parents.Attend family dispute resolution before applying to court. You need a s 60I certificate to file.Focus on the child's best interests — the court considers the child's wishes (depending on age and maturity), safety, and the benefit of a relationship with both parents.Document any safety concerns — if there is family violence or abuse, keep records with dates and details.Apply for consent orders if both parents agree — this makes the arrangement legally enforceabl...
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold a child from the other parent unless there is a genuine and immediate safety concern — this can damage your case.Don't assume equal shared parental responsibility means equal time — the court decides time arrangements separately based on what is best for the child.Don't coach the child or speak negatively about the other parent — the court takes this seriously.Don't breach a parenting order — contravention can result in fines, community service, or even imprisonment (s 70NAE).
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.