Parenting Arrangements and Child Custody

Children can be greatly affected by the separation of their parents and making decisions about what parenting arrangements will be in their best interests can often be difficult and complicated. In Australia, parenting matters are governed by the Family Law Act 1975 and is primarily focused on determining what is in the children’s best interests.

This legislation sets out a range of factors that the Court must consider when making orders about who the children should live and spend time with (noting that in Australia, the language of the legislation no longer includes notions of ‘custody’ or ‘access’). These factors include protecting the children from harm, the children’s views, the nature of both parents’ relationship with the children, the needs of the children (including their developmental, psychological and emotional needs), both parents’ capacity to care for the children and any other relevant factor. In addition to determining care arrangements for the children, another main issue that must be decided is whether the parents should have equal shared parental responsibility or whether one parent should have sole parental responsibility.

Parental responsibility is the ability to make decisions about the long-term care, welfare and development of the children, including making decisions about their education, health, religious and cultural upbringing, name and changes to the children’s living arrangements.  Parenting arrangements can be reached between parents through negotiation, family dispute resolution and mediation. If parents are able to reach an agreement without protracted and costly litigation, they can document this agreement in a Parenting Plan or have Consent Orders made by the Court.

In circumstances where parents are unable to reach an agreement, then proceedings can be commenced and the Court will make a determination on any issues in dispute. We have experience in assisting our clients with all aspects of parenting matters, including matters that involve allegations of family violence and child abuse, relocation, surrogacy, unlawful removal of children and gender dysphoria. It is important to seek advice from a family lawyer when you are anticipating separation, or as soon as possible after separation, as the arrangements that may be made for the children straight after separation may affect your case.