Your child’s religious and cultural upbringing

Decisions about religion

If you and your ex-partner share parental responsibility or decision-making power for your child, you can both make decisions about your child’s religious and cultural upbringing. This includes decisions about:

• what religious services your child will go to
• what religious ceremonies your child will participate in.

When making decisions, you should consider how your child’s religious and cultural upbringing will impact:

• your child’s relationship with extended family
• your child’s friendships and social connections
• your child participation in community activities
• if your child is Aboriginal or Torres Strait Islander, your child’s right to enjoy their culture.

If you need help to make decisions, you could speak to a religious or community leader, or someone from the religion or culture.

Making an agreement

If you and your ex-partner make a parenting agreement, you may want to outline details about your child’s religious and cultural upbringing. You might include that:

• your child will spend time with you at special religious or cultural times so that they can be involved, such as Christmas, Easter, Diwali or Ramadan
• you and your ex-partner will show respect for and not criticise each other’s religious or cultural beliefs in front of your child.

For more information, see Parenting agreements.

If you or your ex-partner have a preference for your child’s religious or cultural upbringing, this may impact which school you want your child to go to. Your agreement may need to cover schooling decisions for your child as well.

For more information, see Schooling decisions after separation.

Resolving a dispute

If you and your ex-partner have a dispute relating to your child’s religious upbringing, you must follow the pre-action procedures and arrange mediation to resolve your dispute, unless you are exempt.

For more information, see Pre-action procedures in parenting cases.

Mediation is a practical way for you and your ex-partner to resolve your dispute without going to court. It is much cheaper and quicker to reach an agreement at mediation than it is to apply for court orders.

You should arrange mediation well before your child is due to attend a religious service or participate in a religious ceremony. There can be significant delays in attending mediation, depending on the service that you are using. You need to allow enough time for mediation to take place, and an application for orders about religious upbringing to be heard by a court.

For more information, see Family law mediation.

If you make an agreement at mediation, you should put it in writing.

For more information, see Parenting agreements.

If you can’t reach an agreement at mediation, you will be given a section 60I certificate which will allow you to apply to a court for orders about your child’s religious upbringing. A section 60I certificate is valid for 12 months.

What the court will consider

When deciding your dispute, the court will decide what is in the best interests of your child. It will consider how your religious and cultural beliefs and practices will affect:

• the way you raise your child (whether your religion requires a specific approach)
• your child’s lifestyle
• the environment that you will raise your child in
• your child’s relationship with you and your ex-partner and the wider community.

The court will consider all of the factors that are relevant to what is in the best interests of your child, including your child’s views. The court will remain neutral about the views and practices of different religions.

The court won’t decide which religion is true or gives your child with the most benefits. It also won’t prefer one religion over another or prefer religious beliefs over non-religious beliefs.

Aboriginal and Torres Strait Islander children

If your child is Aboriginal or Torres Strait Islander, the court must also consider:

• your child’s right to enjoy their culture by having the support, opportunity and encouragement to:
  • connect with, and maintain their connection with, family, community, culture, country, and language, and
  • explore to the full extent of that culture, consistent with your child’s age, stage of development, and views, and
  • develop a positive appreciation of the culture, and
• the likely impact that any proposed parenting order will have on your child’s cultural rights.

Last updated: July 2026