Child Custody (Parenting Orders) in Victoria
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 Victoria differs from federal law
Parenting orders in Victoria follow the Family Law Act 1975 (Cth). Victoria has extensive family dispute resolution and child protection services that intersect with federal family law.
- Mandatory Family Dispute Resolution (FDR) applies before filing court applications for parenting orders (unless exempted). Victoria has numerous FDR providers through Family Relationship Centres in Melbourne (multiple), Geelong, Ballarat, Bendigo, and regional centres.
- The Department of Families, Fairness and Housing (DFFH) (formerly DHHS) handles child protection matters in Victoria. Where child abuse or neglect is alleged, DFFH can intervene in family law proceedings.
- Victoria's Children's Court handles child protection applications under the Children, Youth and Families Act 2005 (Vic). These proceedings can run parallel to or intersect with federal family law proceedings.
- The Children's Court Family Violence Division in Victoria is a specialised division that deals with the intersection of child protection and family violence, reflecting Victoria's leading approach in this area.
- Victoria's Information Sharing Reforms under the Family Violence Protection Act 2008 allow prescribed entities (including family services, schools, and police) to share information to assess and manage family violence risks.
Additional Steps in Victoria
Call the Family Relationship Advice Line (1800 050 321) to find an FDR provider. For child safety concerns, contact Child Protection (131 278). File parenting orders with the FCFCOA. Victoria Legal Aid assists with child protection and family law matters.
Relevant Law: Family Law Act 1975 (Cth), Part VII; Children, Youth and Families Act 2005 (Vic); Family Violence Protection Act 2008 (Vic)
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.