Parenting Arrangements in NSW: What You Need to Know

The building blocks (plain English)

Parenting plan – a written agreement about care, time and decision-making. It’s flexible and easy to update, but not legally enforceable on its own.
Consent orders – your agreement filed with the Court and turned into binding orders (usually decided on the paperwork without a hearing).
Parenting orders – a judge’s decision when there’s no agreement (or when safety requires urgent orders). Orders are binding and must be followed unless later varied.

Best interests first (since 6 May 2024): Parenting outcomes turn on what is in the child’s best interests, with a stronger focus on safety, workable routines, and the child’s developmental, emotional and cultural needs. There’s no default rule for equal time—arrangements are tailored to the child and the family.

Case-based “what if” scenarios (NSW)

These examples show how parenting arrangements NSW might look in real life. Every case is different; safety and practicality drive outcomes.

1) We both work full-time and live 20–30 minutes apart

Likely approach: A school-anchored shared-care pattern (e.g., 2-2-5-5 or week-on/week-off), minimal mid-week changeovers, and clear responsibilities for school pick-ups, homework and activities.
Why it works: Reduces conflict and travel, protects the school routine, and gives each parent meaningful time.

2) There are safety concerns (family violence, substance risk)

Likely approach: Safety-led design: supervised time (professional centre or trusted third party), safe changeovers (school, police station lobby, or a contact centre), restrictions on substance use before time, and tailored communication rules.
Why it works: The law prioritises protection from harm. Time can expand if risks reduce; if an ADVO exists, orders are framed to avoid any inconsistency and to keep everyone safe.

3) Our child is under 3

Likely approach: Short, frequent time for the non-primary parent, gradually building to longer day-time blocks and then overnights as the child adjusts. Clear directions on feeding, naps, and handover items.
Why it works: Matches developmental needs while supporting attachment with both parents.

4) Our teenager has strong preferences

Likely approach: Schedule shaped around school, study and activities, with more weight given to the young person’s views (appropriately for their maturity).
Why it works: Children’s views can be important; the plan still needs to be safe and apractical.

5) Grandparents want time (or primary care)

Likely approach: Orders for time/communication with grandparents, or in some cases live-with orders if that’s in the child’s best interests.
Why it works: Grandparents and other significant people concerned with a child’s care can apply for parenting orders—not just parents.

6) We can’t agree on handovers, holidays or passports

Likely approach: Start with FDR/mediation and draft a detailed visitation schedule NSW covering term-time, school holidays (often 50/50 split), special days (birthdays Christmas), notice periods for travel, who holds the passport, and consent for medical decisions. If talks fail, apply for parenting orders so a judge can set a clear framework.

How to reach agreement (and make it stick)

Draft a practical plan – Cover where the child lives, time with the other parent, holidays, travel, changeovers, expenses, and how you’ll communicate (e.g., parenting apps).
Try FDR – In most cases you must attempt Family Dispute Resolution and obtain a section 60I certificate (unless an exemption applies for urgency, risk or family violence).Many matters settle here.
File consent orders – Convert your agreement into binding orders for certainty and enforceability.

If agreement isn’t safe or possible, file for parenting orders. The Court can make interim orders quickly to stabilise arrangements (for example, to set supervised time or a school-anchored timetable) while the case proceeds.

What should a good NSW parenting arrangement include?

Where the child lives and time with each parent (term-time, holidays, special days)
Decision-making (education, health, religion, extracurriculars)
Changeovers (locations and times that reduce conflict—often at school)
Communication (phone/video guidelines)
Travel (notice periods, passport control, overseas trips)
Expenses (how you’ll share incidentals, uniforms, activities)
Safety (no-substance clauses before time, supervised visits, third-party changeovers, technology boundaries)

Breaches: what if someone doesn’t follow the orders?

Parenting plans aren’t enforceable—if breaches persist, convert your plan to consent orders.
Court orders are binding. If they’re breached, options include negotiation/FDR to adjust practical issues and, if needed, contravention proceedings in the Court’s National Contravention List. Outcomes can include make-up time, varied orders, costs, fines, or (rarely) imprisonment for serious, repeated breaches.

Evidence that helps (and what to avoid)

Helpful:

School and medical records; calendars for handovers; receipts for agreed expenses; screenshots or exports from parenting apps; clear, child-centred proposals.

Unhelpful:

Vague or exaggerated claims; involving the child in adult conflict; breaching interim orders or any ADVO conditions.

NSW-specific notes on safety (ADVOs)

If there’s an Apprehended Domestic Violence Order (ADVO), parenting orders must be framed so they don’t encourage a breach (e.g., supervised contact, third-party changeovers, or limited communication channels). Breaching an ADVO is a criminal offence. Always prioritise safety and get legal advice early.

FAQs (NSW)

What is the difference between parenting plans and court orders?

A parenting plan is a written agreement—helpful and flexible, but not enforceable. Consent orders (your agreement lodged with the Court) and parenting orders (made by a judge) are binding and enforceable.
How do courts decide parenting arrangements?

By applying the best-interests test under the Family Law Act, with a strong focus on safety, the child’s needs and what’s practical for your family. There’s no automatic rule for equal time.
What happens if one parent breaches the agreement?

If it’s a parenting plan, renegotiate or convert it to consent orders. If it’s a court order, you can seek enforcement through contravention proceedings; consequences range from make-up time to costs, fines, or other sanctions.
Are parenting arrangements legally binding?

Only court orders (consent or judge-made) are legally binding. A parenting plan can guide behaviour and be persuasive evidence later, but it’s not enforceable on its own.

Your next steps (checklist)

Safety first. If risk is an issue, get urgent advice and consider protections alongside any parenting plan.
Write a draft plan. Keep it simple, specific and child-centred.
Book FDR. It’s generally required and often resolves most sticking points.
File consent orders. Lock in your agreement so it has legal force.
If talks fail, apply. Ask the Court for interim orders and a path to final parenting orders.

Need help crafting a practical, low-conflict parenting arrangement in NSW? We can pressure-test your plan, facilitate co-parenting options, turn agreements into consent orders, or act decisively in Court where safety demands it.