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Separation is rarely easy, and when you add pregnancy into the equation, things can feel even more uncertain. You may be wondering how separation will affect parenting plans when the baby hasn’t even arrived yet. Can you make arrangements before birth? What rights do each of you have? And how do you set up a plan that works for your child’s best interests?
While parenting plans are typically focused on children who are already born, separating parents can start to think ahead about making agreements that will support their newborn’s needs.
Here’s what you need to know if you’re separating while pregnant and trying to plan for the future.
Can You Make a Parenting Plan Before the Baby Is Born?
Yes, parents can start discussing and agreeing on parenting arrangements before birth, but formal parenting orders from the court cannot be made until the child is born. However, reaching agreements early can help set clear expectations and reduce conflict down the track.
Key things to consider when making early parenting arrangements include:
- How both parents will be involved in the child’s life from birth.
- What support will be in place for the mother during pregnancy and postpartum.
- How decisions about the baby’s medical care, name, and birth registration will be made.
- What arrangements might look like in the first weeks, months, and beyond.
A significant benefit of parenting plans is their flexibility. Unlike court orders, they allow parents to agree to review and adjust arrangements at different milestones or time periods. This means parents don’t have to lock in a long-term plan when the baby hasn’t even been born yet. Instead, they can start with a short-term arrangement and agree to revisit it as the child grows and their needs change.
While parenting plans can evolve as the child grows, getting on the same page early can help avoid unnecessary stress once the baby arrives.
Can the Other Parent Force Their Way Into the Birth Room or Hospital?
A common concern in separations during pregnancy is whether the other parent has a legal right to be present at the birth or visit the baby in hospital.
Can the Other Parent Demand to Be at the Birth?
The short answer is, no. Giving birth is a deeply personal medical event, and the mother has the legal right to control who is present during labour and delivery. These are a few, but not all of the reasons why this is the case.
- Medical Consent: The birthing mother has full autonomy over her body and medical care, including deciding who can be in the delivery room.
- No Legal Right to Be Present: Even if the other parent shares parental responsibility, they do not have a legal right to be at the birth against the mother’s wishes.
- Hospital Policies: Most hospitals have strict visitor policies for birthing suites, which require the birthing person’s consent before allowing anyone into the room.
In short, if the mother does not want the other parent in the room, they cannot legally force their way in.
Can the Other Parent Demand to Visit the Baby in Hospital?
It depends. The mother has the right to make medical decisions for the baby immediately after birth, but the father (or non-birthing parent) also has parental rights.
- If the Mother Consents: The other parent may visit if the mother agrees and hospital policies allow.
- If the Mother Refuses: The hospital is unlikely to allow the other parent to visit without the mother’s consent, especially in the maternity ward.
- Parental Responsibility Kicks In After Birth: Once the baby is born, both parents legally share parental responsibility (unless a court orders otherwise), which means the father has rights regarding the child. However, these rights do not extend to forcing hospital visits against the mother’s wishes.
If the mother refuses all contact, the other parent may need to wait until the baby is discharged or seek legal advice on next steps.
What Happens If Parents Disagree About Parenting Arrangements?
If parents can’t agree on how to share care after the baby is born, they may need mediation or, in more complex cases, legal intervention.
The Federal Circuit and Family Court of Australia does not typically make parenting orders before birth because decisions must be made with the child’s best interests in mind—and that’s hard to assess before a baby arrives. However, once the child is born, the court can determine:
- How the baby’s time will be shared between parents.
- Who will make key medical and welfare decisions.
- Whether breastfeeding or other health factors affect the arrangements.
Parents are encouraged to resolve disputes through Family Dispute Resolution (FDR) before applying to the court, unless exceptional circumstances (such as family violence) require urgent legal action.
How Does the Court Approach Parenting Orders for a Newborn?
The best interests of the child are always the court’s top priority. However, parenting plans for newborns often look different from those for older children because:
- Newborns need frequent care and stability.
- Breastfeeding (if applicable) can impact the feasibility of overnight stays.
- Bonding with both parents is important, but should be balanced with the baby’s need for consistency.
In most cases, parenting orders (or parenting plans) for babies involve short, frequent visits rather than extended overnight stays—especially in the first few months. This allows the child to form secure attachments with both parents while maintaining a predictable routine.
What If There Are Safety Concerns?
If family violence, coercion, or other safety concerns are involved, it’s crucial to seek legal advice and support. The court can make urgent parenting orders after the child’s birth if there is evidence that one parent poses a risk to the child’s wellbeing.
Additionally, mothers who feel unsafe during pregnancy may be able to obtain protective orders to ensure their safety before and after birth.
If there are concerns about the other parent attempting to force hospital visits or disrupt the mother’s recovery, hospital staff and security can also be notified in advance.
What About Birth Certificates and Parental Rights?
If the parents were in a relationship at the time of conception, both parents have legal rights and responsibilities, even if they separate before birth.
- Registering the Birth: The baby’s birth must be registered, and both parents’ names should be included unless there is a dispute.
- Parental Responsibility: Both parents automatically share parental responsibility unless the court orders otherwise. This means both parents have a right to be involved in major decisions about the child’s upbringing.
- Child Support: The child’s primary carer may be entitled to child support from the other parent, even before formal parenting arrangements are in place.
If there are disputes about parental rights, legal advice can help clarify options and next steps.
How Brisbane Family Law Centre Can Help
At Brisbane Family Law Centre, we understand that separating while pregnant brings unique challenges. Whether you need help negotiating parenting arrangements, understanding your rights, or preparing for your baby’s arrival, we’re here to provide clear, practical advice tailored to your situation.
We can help you:
- Understand your parental rights and responsibilities before and after birth.
- Negotiate early parenting agreements that focus on your child’s best interests.
- Navigate disputes and mediation if parenting arrangements are contested.
- Work with you to help ensure the legal and emotional wellbeing of both parents and the baby.
We know this is a significant time in your life, and our goal is to help you approach it with confidence and clarity.
Final Thoughts
Parenting plans are usually made for children who are already born, but that doesn’t mean separating parents can’t start planning early. Having conversations about parenting expectations, financial support, and living arrangements before birth can help create a smoother transition for everyone involved.
If you’re facing separation while pregnant and need guidance on parenting arrangements, Brisbane Family Law Centre is here to help. Reach out to us for advice tailored to your situation.
