South Australia Child Custody (Parenting Orders) Laws (2026)
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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?
Child custody in Australia is handled through parenting orders under Part VII of the Family Law Act 1975. Every decision is based on the best interests of the child, which the Act marks as the paramount consideration (s. 60CA). The Family Law Amendment Act 2023, in force from 6 May 2024, removed the former presumption of equal shared parental responsibility — courts no longer start from the assumption that both parents share decision-making, and that change has rebalanced a lot of cases.
On time arrangements, the court weighs the benefit of a meaningful relationship with both parents against the need to protect the child from harm (s. 60CC). It looks at the child's views, the relationship with each parent, practical difficulties with proposed arrangements, and any family violence.
Parents can build a parenting plan privately, or formalise it through consent orders to make the 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 South Australia differs from federal law
Child custody (called parenting orders under Australian law) is governed by the Family Law Act 1975 (Cth). The paramount consideration is the best interests of the child.
- The Federal Circuit and Family Court in Adelaide makes parenting orders covering who a child lives with, spends time with, and communicates with. The court considers the benefit to the child of a meaningful relationship with both parents, balanced against the need to protect the child from harm.
- Before applying to the court, parents are generally required to attend Family Dispute Resolution (FDR) — a form of mediation. In SA, FDR is provided by Relationships Australia SA, Centacare Catholic Family Services, and other approved providers.
- SA has a Family Law Pathways Network that helps families navigate the family law system and connects them with appropriate support services.
- In cases involving family violence, the court may dispense with the FDR requirement. SA intervention orders under the Intervention Orders (Prevention of Abuse) Act 2009 are considered by the federal court when making parenting orders.
Additional Steps in South Australia
Attend Family Dispute Resolution before filing a court application. If FDR is unsuccessful, apply to the Federal Circuit and Family Court (Adelaide Registry). Free legal advice is available from the Legal Services Commission of SA (1300 366 424) and Women's Legal Service SA for family violence matters.
Relevant Law: Family Law Act 1975 (Cth), Part VII; Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth); Intervention Orders (Prevention of Abuse) Act 2009 (SA)
Common Questions
What is the child custody (parenting orders) right in Australia?
Child custody in Australia is handled through parenting orders under Part VII of the Family Law Act 1975. Every decision is based on the best interests of the child, which the Act marks as the paramount consideration (s. 60CA). The Family Law Amendment Act 2023, in force from 6 May 2024, removed the former presumption of equal shared parental responsibility — courts no longer start from the assumption that both parents share decision-making, and that change has rebalanced a lot of cases.On time arrangements, the court weighs the benefit of a meaningful relationship with both parents against th...
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.