Part VII of the Family Law Act provides power for certain courts to make orders about the parenting of children.
The majority of parenting matters falling under the Family Law Act involve separated parents, but the jurisdiction can apply to children of intact relationships (for example, an application may be made by a grandparent to spend time with a child of a married couple.
The best interests of the child in question must be the "paramount consideration" when a court makes a parenting order under the Family Law Act.
Previously referred to as "custody", orders can be made under the Family Law Act specifying who a child lives with and who they spend time with.
It is a common misconception that the Family Law Act specifies that children should spend equal time with each parent.
The most common arrangements made in Australia are for children to live with their mother and spend regular time with their father.
Any prospective parties to parenting proceedings under the Family Law Act are required to obtain a "section 60I certificate".
[12] If agreement is reached during proceedings, consent orders can be made by the Registrar or Judge who is managing the matter.
[15] This contrasts to most state courts, where an ICL will act on the instructions of a child once they reach the age of 12.
The test for when an ICL should be appointed considers factors including whether there are allegations of abuse, intractable conflict between the parties, a child of mature years and others.