Co-parenting and family law
Co-parenting and family law
FAQs related to co-parenting arrangements and Court Orders
The coronavirus pandemic is bringing new challenges to co-parents. During this temporary period, you may need to make changes to your normal parenting arrangements. Where possible and safe, parents should work together to be flexible in their co-parenting and come to arrangements that provide maximum benefits to their children in every sense.
Measures to control the spread of COVID-19 are changing at a rapid rate, so continue to pay attention to the latest information and updates from reputable sources such as www.australia.gov.au and www.health.gov.au. The National Coronavirus Hotline is available 24 hours a day, seven days a week on 1800 020 080.
Yes, parents and carers are expected to comply with court orders in relation to parenting arrangements, consistent with their responsibilities to act in their children’s best interest.
If COVID-19 measures make strict compliance with current court orders difficult, as a first step, and only if it is safe to do so, you should speak with the other parent to see if you can agree to vary your parenting arrangements. Give plenty of notice so you can both work together to find a solution that suits everyone.
For example, try to use technology like FaceTime, Skype or just a telephone call to make sure children can keep in touch with the other parent. Think about additional time with the other parent in the future.
For more useful suggestions, check out this Top Ten Guide for Separated Parents during COVID-19.
At all times, parents or carers must act reasonably. If a Court Order is not followed, the Court will consider whether the person had a reasonable excuse for not complying with Court Orders. A reasonable excuse may include that it was necessary to protect the health and safety of a person.
The Family Court of Australia has some helpful information provided by the Chief Justice, the Hon Will Alstergren, for parents who may have concerns relating to parenting arrangements during COVID-19. You can find this information on Family Court of Australia’s website.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you or your children are in immediate danger, please contact the Police in your State on 000.
If you’re finding it difficult to reach an agreement with your co-parent, you may wish to try mediation. Further information, advice or referral to telephone-based dispute resolution services can be found on Family Relationships Online or by calling the Family Relationship Advice Line on 1800 050 321.
Alternatively, you may wish to ask the court to vary your parenting orders. Further information is available from the Family Court’s website on the Information for parents – Questions and Answers page.
COVID-19 might bring some temporary disruptions to your normal co-parenting arrangements. It's important to talk with your co-parent about steps you can take to overcome challenges and reach a sensible alternative solution.
For example, if changeover usually occurs at a playcentre that is closed, try to agree on a different changeover location, if appropriate. This means that children will be able to continue to spend time with both parents.
If you make new agreements, they should be written down – you can use email or text message. This will help everyone, including the Court, to understand what agreements were reached – even if they're for a short period of time. The Family Court provides more useful information about your options here.
If you're finding it difficult to reach an agreement with your co-parent, you may wish to try mediation. Further information, advice or a referral to telephone-based Family Dispute Resolution services can be found on Family Relationships Online or by calling the Family Relationship Advice Line on 1800 050 321.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
Agencies and Departments understand times are tough right now. If you've suddenly lost your job or are facing an uncertain financial future because of COVID-19, get in touch with Services Australia as early as possible. Services Australia manages Child Support and can help you with your situation.
Wherever possible, you should also contact your co-parent so they are aware of your situation, and try to come up with a plan for support together. This might involve both of you contacting Services Australia or Centrelink.
Remember that COVID-19 is a temporary disruption to your normal arrangements, and it's important to work together with your co-parent to adjust your plans and put your child's needs first.
It's important to ensure your own self-care and that of your family during these uncertain times. For more useful suggestions, check out this Top Ten Guide for Separated Parents during COVID-19.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
Due to current travel bans, children can't be sent overseas at this time. You can read more about Australia's current COVID-19 travel bans on the Government's Smartraveller website here.
Some States and Territories are also imposing their own border restrictions. Up-to-date information about specific State and Territory border restrictions can be found here. If you are unclear on how the border restrictions may affect your Court Orders, you can find some useful information from the Family Court here.
Travel plans may have to be put on hold to help minimise the risk of children catching and/or spreading the virus. If possible and safe, discuss your concerns with your co-parent and come up with a plan together to ensure that the children remain safe.
This can include the use of phone, FaceTime, Skype and other digital communication services that let the children stay in touch with the other parent until it's safe to travel again.
For more useful suggestions, check out this Top Ten Guide for Separated Parents during COVID-19.
If you're finding it difficult to reach an agreement with your co-parent, you might like to try mediation. Further information, advice or a referral to telephone-based Family Dispute Resolution services can be found at Family Relationships Online or by calling the Family Relationship Advice Line on 1800 050 321.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
Anyone who has recently been overseas has to self-isolate for 14 days. You can read more about Australia's self-isolation requirements from the Australian Government Department of Health here.
Some States and Territories are also imposing their own border restrictions. Up-to-date information about specific State and Territory border restrictions can be found here. If you are unclear on how the border restrictions may affect your Court Orders, you can find some useful information from the Family Court here.
Children shouldn't have physical contact with a parent during their time in self-isolation to avoid the risk of infection. You can learn more about social distancing with children in this helpful article from KidsHealth.
It can be hard when a parent has to self-isolate and children may be missing out on time with them. Arranging alternative ways for your child to make contact with their parent such as by text, phone or video conference may help ease their stress during this difficult time.
Here are some great tips from the Australian Childhood Foundation to stay connected with your child during COVID-19.
It's important to remember that COVID-19 may bring temporary disruptions to your normal parenting arrangements. Where possible and safe, both parents will need to be sensible, flexible, and work together to come up with practical solutions that are in the best interests of their child.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
Due to social distancing measures, face-to-face mediation is generally unavailable. However, most services are still providing mediation by other means – such as telephone and video conference.
If you would like a referral to a telephone or video conference mediation service or to learn more about this service, you can call the Family Relationship Advice Line on 1800 050 321. Please be patient and expect longer than usual delays, as there may be increased demand for mediation services during this time.
You can also visit Family Relationships Online, where you can find useful information about other local services to help you take care of yourself and your family during this time. Where possible, remember to communicate with your co-parent to navigate these challenges.
For more useful suggestions, check out this Top Ten Guide for Separated Parents during COVID-19.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
In this case, the child would still spend equal time with each parent for the extended school holidays, unless this is not reasonable or possible in the current circumstances.
Where possible, make contact with the other parent ahead of any possible change to school holiday arrangements. Coming up with a plan ahead of time can help relieve pressure if/when schools are not open.
Allow for some flexibility in the plan to ensure the health and safety of children and other family members and to limit any spread of COVID-19. Flexible arrangements can help to minimise stress on both parents and children.
Children can feel uncertain about changes, and assuring them that you are working together can be comforting.
Remember that your child might be feeling worried or frightened about COVID-19 and the changes to their usual routine. They'll likely turn to their parents for reassurance in this tough time. Here is some advice from Child Mind Institute on how to talk to your child about the coronavirus.
For more useful suggestions, check out this Top Ten Guide for Separated Parents during COVID-19.
If you're finding it difficult to reach an agreement with your co-parent, you may wish to try mediation. Further information, advice or a referral to telephone-based Family Dispute Resolution services can be found on the Family Relationships Online website or by calling the Family Relationship Advice Line on 1800 050 321.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through the 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
Courts are remaining open, but all front counter services have been suspended.
Most matters will be dealt with by phone and video-conferencing (where possible). Only limited Court matters are being dealt with by face-to-face hearings and interviews. The Family Court has some helpful Questions and Answers about current changes. You can find them here.
The Federal Circuit Court and the Family Court of Australia Registry services can be accessed remotely and can help you with telephone appointments, electronic filing, and the listing of urgent cases. You can contact the Court using live chat or phone 1300 352 000.
If you need to file documents with the Court, you can do this electronically through the Commonwealth Courts Portal (CCP). Instructions on how to do this are available on the How do I eFile? page.
The Family Court of Western Australia operates separately to the Family Court of Australia. An updated Public Notice about changes due to COVID-19 can be found here. Further information on changes to the operation of the Family Court of Western Australia during the pandemic can be found on their website at www.familycourt.wa.gov.au or by contacting the court on (08) 9224 8222 or 1800 199 228 or by email at [email protected].
During this time, you may need to work with your co-parent to find suitable solutions, while keeping your child's needs as your first priority.
If you're finding it difficult to reach an agreement with your co-parent, you might like to try mediation. If you need further information, advice or a referral to telephone-based Family Dispute Resolution services, call the Family Relationship Advice Line on 1800 050 321 or visit their website.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
Parents and carers are still expected to comply with court orders in relation to parenting arrangements, consistent with their responsibilities to act in their children’s best interest.
The Australian Government has information for those at greater risk of COVID-19, which can be found here Or you can contact the National Coronavirus Helpline on 1800 020 080, available 24 hours a day, seven days a week.
If you are concerned about your risk of COVID-19 or someone close to you, as a first step, and only if it is safe to do so, you should speak with the other parent to see if you can agree to temporarily vary your parenting arrangements. Give plenty of notice so you can both work together to find a solution that suits everyone. The Family Law Section has Ten Tips for Managing Parenting During COVID-19
The Family Court of Australia has some helpful information provided by the Chief Justice, the Hon Will Alstergren, for parents who may have concerns relating to parenting arrangements during COVID-19. You can find this information on Family Court of Australia’s website.
The Family Relationships Advice Line can provide information, advice and telephone-based Family Dispute Resolution services to assist parents and carers to discuss any issues that arise and help them come to an agreement. The Family Relationships Advice Line is available Monday to Friday 8am to 8pm and Saturday 10am to 4pm on 1800 050 321 or visit the website.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger, please contact the Police in your State on 000.
No, you do not have to wait to file a Divorce Application - a Divorce Application can be filed with the Court electronically.
More information about applying for divorce can be found at the Federal Circuit Court and the Family Court of Australia and includes information about how to file electronically here.
The Federal Circuit Court and the Family Court of Australia Registry services can be accessed remotely and can help you with electronic filing of your divorce. For more information, you can contact the Court using live chat or phone 1300 352 000.
The Family Court has some helpful Questions and Answers about current changes during COVID-19. You can find them here.
The Family Court of Western Australia operates separately to the Family Court of Australia. An updated Public Notice about changes due to COVID-19 can be found here. Further information on changes to the operation of the Family Court of Western Australia during the pandemic can be found on their website at www.familycourt.wa.gov.au or by contacting the court on (08) 9224 8222 or 1800 199 228 or by email at [email protected].
If you have children, you may need to work with your co-parent to find suitable solutions, while keeping your child's needs as your first priority.
If you're finding it difficult to reach an agreement with your co-parent, you might like to try Family Dispute Resolution. If you need further information, advice or a referral to telephone-based Family Dispute Resolution services, call the Family Relationship Advice Line on 1800 050 321 or visit their Family Relationship Advice Line.
If you're feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger, please contact the Police in your State on 000.
Parents and carers are still expected to comply with court orders in relation to parenting arrangements, consistent with their responsibilities to act in their children’s best interest.
If social isolation rules make it difficult to comply with court orders, as a first step, and only if it is safe to do so, you should speak with the other parent to see if you can agree to vary your parenting arrangements. Give plenty of notice so you can both work together to find a solution that suits everyone. The Family Law Section has Ten Tips for Managing Parenting During COVID-19
The Family Relationships Advice Line can provide information, advice and telephone-based Family Dispute Resolution services to assist parents and carers to discuss any issues that arise and help them come to an agreement. The Family Relationships Advice Line can be contacted on 1800 050 321 or visit the website.
The Family Court of Australia has some helpful information provided by the Chief Justice, the Hon Will Alstergren, for parents who may have concerns relating to parenting arrangements during COVID-19. You can find this information on Family Court of Australia’s website.
The Family Court of Australia and the Federal Circuit Court of Australia have each established a court list dedicated to dealing exclusively with urgent family law disputes that have arisen as a direct result of the COVID-19 pandemic. Urgent matters may include where supervised contact of parenting is no longer available, border restrictions are in place limiting travel, there are medical issues impeding the ability to fulfil parenting obligations, or there has been an increased risk of family violence. For more information including for eligibility requirements, please visit the websites of the Family Court of Australia or the Federal Circuit Court.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger, please contact the Police in your State on 000.
COVID-19 might bring some temporary disruptions to your normal co-parenting arrangements. It's important to talk with your co-parent about steps you can take to overcome challenges and reach a sensible alternative solution.
If the other parent wants to change parenting arrangements, as a first step, and only if it is safe to do so, try to speak with the other parent to see if you can work together to find a temporary solution that suits everyone. The Family Law Section has Ten Tips for Managing Parenting During COVID
If you make new agreements, they should be written down – you can use email or text message. This will help everyone, including the Court, to understand what agreements were reached – even if they're for a short period of time. The Family Court provides more useful information about your options here.
The Family Relationships Advice Line can provide information, advice and telephone-based Family Dispute Resolution services to assist parents and carers to discuss any issues that arise and help them come to an agreement. The Family Relationships Advice Line can be contacted on 1800 050 321 or visit the website.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger, please contact the Police in your State on 000.
Separation is always difficult and can be more challenging when children are involved.
Separating parents are encouraged to work out arrangements that are in the best interests of the children. Where possible and safe, arrangements should support children to have a loving and meaningful relationship with both parents and other family members. Parenting arrangements may need to consider the impact of COVID-19 and how parenting will look during and after the pandemic.
The Family Court of Australia has useful information about separation which can be found here
The Family Court of Australia also has useful information about children and separation which can be found here
Depending on your circumstances, there are three options for how to reach a shared approach to parenting after separation. These include:
- Parents working out an arrangement on their own, using available information and tools
- Parents using Family Dispute Resolution to help make an arrangement
- Parents seeking the assistance of the Court.
Reaching an agreement with your former partner has many advantages such as reducing financial and emotional costs of legal proceedings and encouraging ongoing communication about the needs of the children.
The Family Relationships Advice Line can provide information, advice and telephone-based Family Dispute Resolution services to assist parents and carers to discuss any issues that arise and help them come to an agreement. The Family Relationships Advice Line can be contacted on 1800 050 321 or visit the website.
There are also online tools that can assist parents to agree on a shared approach to parenting after separation. For example, ‘amica’ is a new online dispute resolution tool developed by National Legal Aid. This digital service enables users to negotiate and communicate online with their former partner, and can assist parents to develop a parenting plan for their children. amica is suitable for separated couples who are reasonably amicable and whose situation is not complex. More information about amica is available at amica.gov.au.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger please contact the Police in your State on 000.
It is natural for parents to be concerned about the safety of their children during this COVID-19 pandemic. At all times, parents or carers must act in the best interest of children including regarding their safety.
Both you and your co-parent should be following the COVID-19 advice as set out by government. If you have concerns, as a first step, and only if it is safe to do so, you should speak with the other parent to see if you can both reach agreement about the precautions you are taking.
You can find more information about COVID-19 on the Australian Government Department of Health site here There is also a National Coronavirus Helpline that provides information and is available 24 hours a day, seven days a week on 1800 020 080.
Parents and carers are still expected to comply with court orders in relation to parenting arrangements, consistent with their responsibilities to act in their children’s best interest. At all times, parents or carers must act reasonably. If a Court Order is not followed, the Court will consider whether the person had a reasonable excuse for not complying with Court Orders. A reasonable excuse may include that it was necessary to protect the health and safety of a person.
The Family Court of Australia has some helpful information provided by the Chief Justice, the Hon Will Alstergren, for parents who may have concerns relating to parenting arrangements during COVID-19. You can find this information on Family Court of Australia’s website.
The Family Relationships Advice Line can provide information, advice and telephone-based Family Dispute Resolution services to assist parents and carers to discuss any issues that arise and help them come to an agreement. The Family Relationships Advice Line can be contacted on 1800 050 321 or visit the website.
If you or your children are feeling unsafe or experiencing domestic or family violence, you can access information, counselling and support through 1800RESPECT website or call 1800 737 732. 1800RESPECT are open 24 hours a day during COVID-19.
If you believe you are in immediate danger, please contact the Police in your State on 000.