When Conflict Continues After Parenting Orders: What's a Family Lawyer to Do?

3-minute read

Final parenting orders are often viewed as the end of a legal dispute. In reality, for many families, they mark the beginning of a new phase of conflict.

While some parents transition successfully to independent co-parenting, others continue to struggle with the practical implementation of their orders. Issues such as changeovers, school decisions, extracurricular activities, communication, or differing interpretations of an order can quickly escalate into ongoing disputes.

Over time, these recurring conflicts often result in repeated contact with lawyers, mediators and other professionals, increasing costs, placing further strain on families, and in some cases leading them back to court. What’s a lawyer to do?

Why parenting orders don’t always end conflict

Parenting orders provide a legal framework, but they cannot anticipate every situation that will arise as children grow and family circumstances change.

For high-conflict, or complex-needs families, disagreements are often less about the wording of the orders and more about the parents’ inability to communicate, make decisions together, or consistently implement what has already been agreed.

This creates a common post-order problem: the legal dispute has been resolved, but the conflict between the parents continues.

Parenting Coordination: Supporting implementation, not agreement

Parenting Coordination is a child-focussed dispute resolution, case management, intervention and support process designed specifically for families experiencing ongoing conflict after parenting orders have been made.

Unlike Family Dispute Resolution (mediation), which focuses on helping parents reach agreements, Parenting Coordination comes in later and helps parents implement and maintain existing parenting arrangements in everyday life.

A Parenting Coordinator may assist by:

• clarifying and supporting the implementation of parenting orders;
• improving communication and decision-making between parents;
• resolving recurring day-to-day parenting disputes;
• reducing children’s exposure to ongoing conflict; and
• identifying when an issue requires legal advice or further court intervention.

Parenting Coordination is not a substitute for legal advice, therapy or mediation. Rather, it complements these services by addressing the implementation challenges that often arise after the legal process has concluded.

Filling a gap in professional practice

Family lawyers frequently remain the first point of contact when post-order disputes arise. Yet many of these issues are not legal questions requiring legal intervention—they are practical co-parenting problems that need timely and ongoing guidance and structured support.

Rather than repeatedly referring families back to mediation or court, Parenting Coordination offers a practical pathway for helping parents manage conflict, improve communication, develop co-parenting skills, and implement their parenting orders more effectively over time.

For professionals experienced working with high-conflict families, this creates two opportunities:

• to incorporate Parenting Coordination into their own practice and service portfolio (where appropriate) and provide services and support to co-parents, post orders; and/or
• to confidently identify suitable matters for former (and returning) clients and refer them to a Parenting Coordinator.

Where a professional has previously acted for one of the parents, ethical obligations or role conflicts prevent lawyers from acting as the Parenting Coordinator. In these situations, having access to a trusted Parenting Coordination referral network helps ensure families receive appropriate ongoing support while maintaining professional boundaries.

From resolving disputes to sustaining parenting arrangements

Parenting orders resolve legal disputes. Parenting Coordination helps parents successfully live with those orders.

For professionals working with high-conflict families, this distinction is significant. Once negotiation or litigation ends, many families still need structured support to reduce conflict, improve cooperation and protect children from continued parental disputes.

As Parenting Coordination continues to gain momentum in Australia, it provides family law professionals with an effective way to extend the support available to clients beyond final orders—whether by integrating it into their own practice or by making informed referrals to appropriately trained Parenting Coordinators.

By Dr Anne Purcell