Children have the same rights whether their parents are married or not. They are entitled to be cared for and to be supported. When a parent dies, children are entitled to share in the property if there is no will, or to challenge a will that is unfair. It is best if separated parents can decide together how to care their children. A family counsellor or mediator can often help reach agreement. If you cannot agree, the Family Court can make orders about the care of children. Family Court orders for the children of de facto couples are decided in the same way as if the parents were married.

As of 1st July 2009 step-parents who are the de facto partner of a child's parent will be included in the definition of a step-parent, enabling them to make an application for parenting orders. Previously only step-parents who were married to a parent of a child were eligible to make parenting orders applications.