Separation often requires parents to make new arrangements for the care of their children. Whilst every family is different, with varying dynamics, routines, and needs – the legal framework in Australia is centred on one key principle: promoting outcomes that are in the best interests of the child.
Navigating parenting arrangements
Parenting arrangements can be discussed and agreed upon at any stage following separation. Some families are able to reach agreement quickly, while others need time or assistance to work through more complex issues.
Parenting arrangements can cover a range of issues, including:
- Who the children live with
- Where the children live
- How much time they spend with each parent
- How parents communicate about major decisions such as health, education and religion
- Arrangements for holidays, special occasions, and travel
There is no one-size-fits-all model. Arrangements should be tailored to suit the needs of each child and the circumstances of the parents.
Formalising parenting arrangements
Some parents reach a verbal agreement only regarding the arrangements for their children, and they do not require any formality.
Other parents may choose to formalise their arrangements to provide certainty moving forward. This can be done through:
- Consent Orders – legally binding orders approved by the Court.
- Parenting Plans – written agreements that are flexible but not legally enforceable
The appropriate option will depend on the level of formality and certainty the parents are seeking.
What if agreement cannot be reached?
Family Dispute Resolution / Mediation
If agreement cannot be reached, parents are generally required to attempt family dispute resolution before applying to the Court for parenting orders. This process provides an opportunity to resolve matters in a structured setting with the assistance of an independent mediator.
If mediation does not result in an agreement, Court proceedings may be commenced.
However, if there is urgency attached to the situation or in some other specific limited circumstances, Court proceedings can be commenced regardless of whether mediation has been attempted or not.
Applying to the Court for Parenting Orders
Court proceedings involve several stages and are structured to encourage parties to reach agreement wherever possible. Throughout the process, the Court continues to support and facilitate settlement discussions between the parties.
If the matter proceeds to a final hearing, a Judge will determine the outcome based on the evidence before the Court and what is considered to be in the best interests of the child/ren.
What does the Court focus on?
The Court looks at each family’s circumstances individually. The Court’s primary consideration is the safety and wellbeing of the child/ren. This includes examining:
- The need to protect the child from harm, including exposure to conflict or family violence – this is at the forefront of any parenting matter.
- The child’s relationship with each parent and other important people in their lives.
- Each parent’s ability to meet the child’s day-to-day and long-term needs.
- The practical realities of proposed arrangements, including schooling and living arrangements.
- The child’s wishes, whilst having regard to the child’s age and level of maturity.
The Court is assisted through each parent providing evidence about all relevant matters, and also, an independent Child Court Expert providing a report to the Court with various recommendations.
How our team at Commins Hendriks can assist
Parenting matters can be challenging, both legally and emotionally. Obtaining advice early can help you understand your rights and responsibilities, consider your options, and work towards practical outcomes.
At Commins Hendriks, our family law team provides clear, practical advice tailored to the circumstances of each client. We aim to support our clients in making informed decisions while prioritising the best interests of their children.
We can assist with negotiating parenting arrangements, preparing parenting plans and applications for consent orders. We also provide guidance and representation throughout family dispute resolution, including attending mediation where required. Where Court proceedings are necessary, we assist by preparing and lodging Court documents, advising on Court processes and procedure, and representing clients at all Court events.