If a child has been present during the relationship, a person who is not the parent of the child may wish to continue to spend time with, communicate with or care for the child. If agreement cannot be reached, the person is able to make an application for a parenting order. This can be done through the Family Court or the Federal Magistrates Court. The person must be able to show they are concerned with the care, welfare and development of the child.

Former same-sex partners can access family mediation services to negotiate matters concerning children. Following mediation, you may decide a court order is not necessary, or you may agree to have parenting orders made by consent.

In determining whether to grant a parenting order, the court must put the interests of the child first. It will consider a variety of issues, including maintaining any established arrangements, the relationship between the applicant and the child, the wishes of the child and the child’s safety.

The Legal Services Commission provides free legal advice regarding separation and children.