1. What Does the Law Say About Parental Rights in Australia?

Under the Family Law Act 1975 (Cth), parental rights focus on the best interests of the child rather than the rights of the parents. The law assumes that children have the right to:

• A meaningful relationship with both parents, provided it is safe to do so.
• Be protected from harm, abuse, and neglect—this takes priority over all other considerations.
• Have parenting arrangements that reflect their best interests, which may include equal or significant time with both parents.

At ALA Law, we help parents understand how the law applies to their situation, whether they are negotiating parenting agreements or involved in a legal dispute.

Learn more: https://www.fcfcoa.gov.au/fl/pubs/parenting-orders

2. What Is Parental Responsibility?

Parental responsibility refers to the legal duties, powers, responsibilities, and authority parents have in making major decisions for their child, including:

• Education (which school the child attends)
• Healthcare (medical treatments and procedures)
• Religious and cultural upbringing
• Living arrangements (especially if relocating is involved)

There is no longer a presumption of equal shared parental responsibility. So the parties must show the court that they should now share those responsibilities, as opposed to prove that they shouldn’t.

At ALA Law, we guide parents through complex parental responsibility issues, ensuring the best interests of the child are prioritised.

Learn more: https://www.fcfcoa.gov.au/fl/pubs/parenting-orders

3. Who Gets Custody of the Child?

Australia no longer uses the term “custody”—instead, courts refer to parenting arrangements and time with each parent.

Parenting Time Arrangements:

• Equal Time – If it is in the child’s best interests and reasonably practical, courts may order equal time with both parents.
• Substantial & Significant Time – If equal time isn’t suitable, a parent may still have substantial time, including weekends, holidays, and school events.
• Supervised or No Contact – If a parent poses a risk to the child (e.g., due to abuse, neglect, or violence), the court may order supervised visits or no contact.

At ALA Law, we assist parents in negotiating fair and practical parenting arrangements, whether through mediation or court proceedings.

Learn more: https://www.fcfcoa.gov.au/fl/pubs/parenting-orders

Or check out our content about Children’s arrangements here

4. Can I Relocate With My Child?

If you want to move interstate or overseas with your child, you must get the other parent’s consent or seek court approval.

The court will consider:

• How the move impacts the child’s relationship with the other parent.
• The reason for relocation (e.g., job opportunity, family support).
• Alternative arrangements for maintaining contact (e.g., online communication, extended holiday visits).

🚨 If a parent relocates without permission, they may be ordered to return the child under Family Law provisions.

🔹 ALA Law provides legal advice on relocation cases to ensure compliance with the law while protecting parental rights.

Learn more: https://www.fcfcoa.gov.au/fl/children/relocation-travel

5. What If My Ex-Partner Is Not Following Parenting Orders?

If the other parent is not complying with a court-ordered parenting arrangement, you may:

• Negotiate informally to resolve the issue.
• Apply for Mediation through a Family Dispute Resolution (FDR) service.
• Seek Court Enforcement if breaches continue.

Penalties for breaching parenting orders can include:

• A make-up time order
• Fines or community service
• Changing existing orders in favour of the compliant parent

At ALA Law, we help parents enforce or modify parenting orders when the other party is not cooperating.

Learn more: https://www.fcfcoa.gov.au/fl/children/compliance-enforcement

6. What Happens If There Is Domestic Violence?

If a child is at risk of domestic violence, abuse, or neglect, the court prioritises protecting the child from harm over maintaining a relationship with both parents.

The court will consider:

Protective options include:

• Apprehended Violence Orders (AVOs) – To prevent an abusive parent from contacting the child or other parent.
• Supervised visitation orders – Where visits occur at a supervised contact centre.
• Sole parental responsibility – Where one parent is given full decision-making power.

ALA Law specialises in helping victims of domestic violence obtain the legal protection they need for themselves and their children.

7. Do I Need a Lawyer for Parenting Matters?

While some parents successfully negotiate parenting arrangements without legal help, having a Family Lawyer can ensure:

• Your parental rights are protected
• Court documents are prepared correctly
• You achieve the best possible outcome for your child

At ALA Law, we understand the challenges of parenting disputes and work with clients to achieve solutions through mediation, negotiation, or court proceedings when necessary.

Need parenting legal advice? Contact ALA Law today for expert guidance on protecting your rights as a parent.