Guidelines for Parenting Arrangements Post-Separation

Many parents refer to “child custody” when discussing the living arrangements for their children after separating from a partner. However, this term is no longer used by legal professionals or within the Australian family law system. Since 1995, the terminology has shifted to “who the child lives with” and “the time the child spends with” each parent.

The Family Law Act 1975 grants the Family Law and Federal Circuit Court the authority to make orders regarding the care and welfare of children in Australia.

In resolving disputes involving children, the Court’s main concern is the “best interests of the children.” Section 60B of the Act sets out key objectives, including:

The ideal situation is for parents to agree on their children’s care arrangements. These discussions can happen directly between the parents or with the support of a legal representative.

Mediation is a common approach to help parents reach an agreement, and in many cases, it is a required step before initiating Court proceedings. If the parents cannot agree, they can file an application with the Family and Federal Circuit Court of Australia to obtain formal orders for their children’s care.

When considering arrangements for your child, parents should also take into account the following factors, in addition to those outlined above:

If an agreement on parenting arrangements is reached, parents have three options to formalise it:

Consent Orders: Parents can choose to formalize their agreement by applying for Consent Orders, which are submitted to the Court. Once approved, these orders become legally binding and enforceable. Parenting orders typically remain in place until the child reaches 18 years of age, with legal avenues available for enforcing them if necessary.

Verbal or Informal Agreement: Parents may opt for a simple verbal or informal agreement that isn’t formally documented.

Parenting Plan: A Parenting Plan is a written agreement signed by both parents that outlines the care arrangements for the children. While not legally binding, it provides clear guidance and allows for flexibility to adapt to changes as the children grow or circumstances shift.

If you require assistance with your parenting arrangements, our team of specialist family law solicitors is ready to help.

We can assess your situation and let you know the types of arrangements you should be considering for your child or children based on your circumstances, the social science research and the law.

We will guide you through the process of reaching an agreement with your ex-partner whether this involves advice so you can proceed on your own, assistance with negotiation, attendance at mediation and ultimately if necessary commencing and pursing court proceedings.

At the point agreement is reached we can advice on the best way to formalise this and draft the necessary documents.

Book an appointment today.