Parenting Arrangements After Separation: What Happens to the Children?

How Does the Law Approach Parenting Arrangements?

The guiding principle in Australian family law is the best interests of the child.

When considering parenting arrangements, factors that may be relevant include:

• The child's safety.
• The child's emotional and developmental needs.
• The benefit of meaningful relationships with parents and significant family members.
• The capacity of each parent to meet the child's needs.
• The practical circumstances of the family.

Every family is different, and there is no automatic rule that children must spend equal time with each parent.

What If Parents Can Reach Agreement?

Many separated parents are able to agree on arrangements for their children without court intervention.

These arrangements may cover matters such as:

• Living arrangements.
• Schooling.
• Medical decisions.
• Extracurricular activities.
• Holidays and special occasions.
• Overseas travel.
• Communication between the child and each parent.
• Arrangements involving grandparents and extended family.

Where agreement is reached, parents may record it in a Parenting Plan.

A Parenting Plan is a written agreement between the parents but is generally not legally enforceable.

If parents wish to make their agreement legally binding, they may apply to the court for Consent Orders.

What If Parents Cannot Agree?

If agreement cannot be reached, parents are generally required to participate in Family Dispute Resolution (FDR) before commencing court proceedings.

Family Dispute Resolution is a form of mediation designed to help parents resolve disputes regarding children in a structured environment, usually with the assistance of an accredited practitioner.

Many parenting disputes are resolved through this process without the need for court proceedings.

Exceptions may apply where there are concerns regarding family violence, child abuse, urgency or other special circumstances.

When Does the Court Become Involved?

If parents remain unable to reach agreement, the court may make Parenting Orders.

Parenting Orders can deal with:

• Where the child lives.
• Time spent with each parent.
• Communication arrangements.
• Decision-making responsibilities.
• Travel and relocation issues.
• Any other matter affecting the child's welfare.

Parenting Orders are legally enforceable and must be complied with by both parents.

Is There Such a Thing as Custody?

The term "custody" is still commonly used, but it is no longer the language used by Australian family law.

Instead, the law focuses on:

• Parenting arrangements.
• Living arrangements.
• Time spent with each parent.
• Parental responsibility.

This reflects a broader focus on the child's needs rather than parental rights.

Putting Children First

Separation is rarely easy, but children generally benefit when parents can communicate respectfully and focus on practical solutions.

Obtaining legal advice early can help clarify your rights and responsibilities, reduce conflict and create arrangements that provide certainty for both parents and children.

If you require advice regarding parenting arrangements, parental responsibility, family dispute resolution or children's matters following separation, contact Parke Lawyers for assistance.