Parenting Arrangements in QLD: How Decisions Are Made

Parenting arrangements in Queensland are settled based on the child’s best interests, and the options include informal agreements and court orders based on how well parents cooperate.

The decision-making process involves understanding your options around parenting arrangements. You also need to recognise when you must seek legal advice for protection. At Securator Legal, we guide Queensland parents through these decisions with practical advice.

In this article, we’ll walk you through how arrangements are decided after separation and what the family court looks at when making parenting decisions. Plus, you’ll learn what happens when circumstances change or orders are breached.

Read on to learn how Queensland parents can make decisions that truly support their child’s wellbeing.

How Are Parenting Arrangements Decided After Separation?

Parenting arrangements in Queensland are decided through informal agreements, written parenting plans, or legally binding consent orders. The approach depends on the level of cooperation between parents, but most of them start informally.

We’ll now explain how these arrangements work.

Informal Verbal Agreements

Informal verbal agreements usually begin with parents having simple conversations about where the children will live and how much time they’ll spend with each parent. For example, you might discuss schedules over coffee, sort out school pickups by text, or agree on weekend arrangements through a phone call.

When both parents trust each other and follow through, this approach works best. It saves time and avoids legal costs.

That said, you’ll start having issues when cooperation breaks down. Like, if the other parent stops honouring what you agreed to, you’re stuck. And courts can’t enforce verbal arrangements because there’s no documented proof of what you actually discussed or agreed upon.

Written Parenting Plans

A parenting plan takes your verbal agreement and puts it on paper. Both parents sign and date the document, spelling out living arrangements, time with each parent, and how you’ll share responsibility for major decisions about education, health, and religion.

The best thing about this approach is that it gives you something concrete to refer back to when questions arise. Though keep in mind that these plans aren’t legally enforceable, which means you can’t force the other parent to follow them (good faith only goes so far).

But they’re not meaningless either. For instance, if you later apply for court orders, the judge will review your most recent parenting plan. They’ll check what arrangements you’d previously worked out and whether you’ve been sticking to them.

Consent Orders

Wondering how to make your agreement official? You can ask the Federal Circuit and Family Court of Australia to approve it as a parenting order through consent orders. Just file the documents with the court, and once a registrar or judge approves them, both parents must follow the arrangements.

The difference between this kind of agreement and others is enforceability. That means if one parent breaches the order, they’ll face actual consequences. The court can order makeup time for missed visits, change the existing arrangements, or impose penalties, including fines.

This legal backing makes consent orders the strongest option when you need certainty and accountability.

Pro tip: If your communication with the other parent often becomes tense, switch to written channels. This way, you’ll have a clear history of what was said.

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What Does the Court Consider When Making Parenting Decisions?

The court decides parenting arrangements by prioritising the child’s best interests. On that basis, under the Family Law Act 1975, the most important question is whether the child is properly protected from harm, and every decision is connected to that paramount consideration.

A judge considers these factors when evaluating the best interests of the child:

• Protection From Harm: Keeping your child safe from physical or psychological harm is at the top of every judge’s priority list. So when family violence or abuse allegations arise, the court investigates thoroughly and may order supervised visits or restrict contact.
• Relationships With Both Parents: Courts usually prefer children to spend time with both parents when it’s safe, and they look closely at how each arrangement affects the child. Judges compare the benefits of those relationships with any risks and pay attention to how each parent supports the child’s connection with the other.
• Shared Parental Responsibility: In most cases, both parents share responsibility for big decisions about education, health care, and religion. However, if there’s family violence or child abuse, the court will change it by removing equal responsibility and giving one parent sole decision-making authority.
• The Child’s Wishes: What if your child has strong feelings about the arrangements? Their wishes can influence the decision, and as they grow older, their views typically carry more weight. But in more complicated situations, an independent children’s lawyer may step in to help present the child’s views clearly.
• Each Parent’s Capacity: The court looks at each parent’s ability to give emotional support and manage daily care. It also considers work hours, housing, and distance to understand how these factors affect the child’s emotional support.

All of these factors help the court build a plan that keeps your child protected and supported.

What Happens When Parenting Arrangements Need to Change?

You can change parenting arrangements through mutual agreement for informal plans or by proving considerable changed circumstances to the court for orders.

It’s pretty common because life keeps moving after separation. For example, children grow, and parents may need to relocate for work. And these shifts can create situations no one expected when the original parenting plan was set.

Let’s get into more detail about these possible modifications in arrangements.

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Modifying Existing Arrangements

Do you have an informal agreement or parenting plan? Then you can make changes easily, given that both parents agree. You simply discuss the modifications and update your arrangements without any formal process. The flexibility here is one reason many parents start with less formal options.

But changing court orders requires more time and effort. It’s because you need to show the court there’s been a serious change in circumstances, like a parent relocating or a child starting high school (the court expects solid evidence for them, by the way).

If you do choose to go this route, we strongly recommend attending family dispute resolution through family relationship services to try reaching an agreement first before actually applying to court.

Breaching Parenting Orders

When a parent breaks a court order without a real reason, the court takes it seriously. The breach disrupts the child’s routine and harms the other parent’s relationship with them. The penalties reflect that seriousness.

Here’s what we mean (time for some legal talk).

Under Part VII, Division 13A of the Family Law Act 1975 (Cth), a parent who breaches a parenting order without a reasonable excuse may face penalties like a bond, a fine calculated under the Commonwealth penalty-unit system, community service, or imprisonment for more serious contraventions.

The court may also direct the parent to attend a post-separation parenting programme delivered by an approved counselling service.

Most of all, the court might change the existing arrangements entirely, particularly if repeated breaches show one parent can’t be trusted to follow orders.

Next Steps for Your Parenting Arrangements

Now you know how parenting arrangements are decided in Queensland and what options are available to you. The right path depends on your situation, your ability to communicate with the other parent, and what’s genuinely best for your child’s wellbeing.

If you’re working through parenting arrangements and need clear guidance, we at Securator Legal can support you every step of the way. Contact us today to discuss your situation and find an approach that suits your family.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every individual’s circumstances are unique, and the information provided may not apply to your specific situation. Securator Legal does not accept responsibility for any loss, cost, or damage incurred as a result of reliance on the material in this article. For tailored advice, we strongly recommend consulting a qualified legal professional before making any decisions regarding wills or estate planning.