Child custody and parental responsibility in Australia
Understand child custody, parental responsibility and parenting orders after separation, including current best-interests law and practical next steps.
Read article →Parenting Arrangements
Practical advice - focused on the future.
Legal advice for parenting arrangements, decision-making and parenting orders after separation. If arrangements are uncertain, we help you understand options, risks and next steps.
- Equal time
Not automatic
- Focus of the Court
Best interests of the child
- Before court
Mediation usually required
- Formalised by
Parenting plan or orders
What parenting arrangements mean.
Parenting arrangements deal with how children are cared for after separation. They can include where a child lives, how much time they spend with each parent, communication, holidays, changeovers and major long-term decisions.
Australian family law focuses on arrangements that are in the child's best interests. There is no automatic equal time rule.
In many parenting matters, parties are expected to attempt Family Dispute Resolution before applying to court unless an exemption applies, such as urgency or safety concerns.
FDR may be required before court.
In many parenting matters, parties are expected to attempt Family Dispute Resolution before applying to court unless an exemption applies, such as urgency or safety concerns.
Our approach
Practical parenting strategy.
Parenting matters affect your relationship with your children and the structure of daily family life. Strategic legal guidance helps you prepare, understand options and determine what arrangements are workable and appropriate for your specific family.
Practical parenting strategy.
We help you work out what arrangements may be workable and appropriate for your specific family.
FDR preparation.
We help you prepare for Family Dispute Resolution and negotiation - not just turn up cold.
Urgent issue support.
We assist where withholding, relocation or risk issues need immediate attention.
Clear documentation.
Parenting plans, consent orders and court documents drafted so they actually work day to day.
How it works
The Parenting Arrangements process.
The process depends on the children's ages, existing routines, safety concerns, communication between parents, urgency and whether agreement is possible.
01
Understand current arrangements
Clarify where the children are living, how communication is occurring, and what is in dispute.
02
Identify risk and urgency
Assess safety, family violence, withholding, relocation risks or other urgent parenting concerns.
03
Prepare for negotiation
Identify the key issues, options and practical pathways for discussions or Family Dispute Resolution.
04
Record agreement
Document arrangements through a parenting plan or, where appropriate, consent orders.
05
Take court steps if required
If agreement is not possible or urgent orders are needed, get advice on court options and representation for any court events.
In more detail
What you should know.
Three issues come up in almost every parenting matter - and each one is easier to manage with early, considered advice.
How the Court decides best interests.
When making parenting orders, the Court's paramount consideration is the best interests of the child - not either parent's personal entitlement, grievance or preferred outcome.
Safety comes first
The Court considers what arrangements would promote the child's safety, including any history of family violence, abuse or neglect and any family violence orders.
Child-focused, not parent-focused
The Court looks at the child's needs, each parent's capacity to meet them, and the benefit to the child of a relationship with each parent where it is safe.
Factors the Court may weigh
- Safety & any history of family violence
- Any views expressed by the child
- Developmental, emotional & cultural needs
- Each parent's capacity to meet those needs
- The benefit of a relationship with each parent
- Practical issues - distance, school & routines
Key point
Strong parenting proposals are specific, realistic and child-focused - they explain why the arrangement is best for the child, not just what a parent wants.
When children are withheld.
If the other parent is withholding the children, obtain legal advice promptly - the right response depends on the circumstances, and delay can be significant.
If orders are in place
Options may include urgent correspondence, negotiation, a contravention application or, in serious cases, a recovery order requiring the children to be returned. If there are no orders, urgent parenting orders may still be sought.
Withholding vs protection
Sometimes children are withheld because of genuine safety concerns, and a parent may have a reasonable excuse where they believed it necessary to protect a child's health or safety. The Court considers the factual context carefully.
What shapes the response
- Whether parenting orders are in place
- Any parenting plan or informal agreement
- The reasons given for withholding
- How long the children have been withheld
- Any safety or risk concerns
- Whether urgent protective steps are needed
Key point
If a child is in immediate danger, contact police or child protection - then get legal advice without delay.
Relocating with the children.
Moving with the children is a major long-term issue - particularly where it would make it significantly more difficult for the children to spend time with the other parent.
If parents agree
The arrangements should be documented properly - often through consent orders dealing with living arrangements, time with the other parent, travel costs, holidays, communication and decision-making.
If parents disagree
The Court weighs the competing proposals and decides what is in the children's best interests. It does not simply approve or reject a parent's desire to move.
Get advice before you
- Sign a lease or sell a home
- Accept a job in another location
- Change the children's school
- Book travel that assumes the move
- Agree to anything informally
- Move the children interstate or overseas
Key point
Relocation cases are highly fact-specific - prepare carefully before any major step is taken.
Frequently asked questions
Advice from our family law team.
Do I need Family Dispute Resolution before going to Court?
In many parenting matters, yes. You are generally required to make a genuine effort to resolve the dispute at Family Dispute Resolution before applying for parenting orders, evidenced by a certificate from a registered FDR practitioner. Exemptions may apply where there is urgency, family violence, child abuse or other circumstances that make FDR inappropriate - obtain advice before deciding which pathway is right for you.
Is there a rule that children spend equal time with each parent?
No. There is no automatic rule or presumption of equal time. Arrangements are determined by what is in the child's best interests - equal time may work well for some families but be impractical or inappropriate in others.
What is the difference between a parenting plan and consent orders?
A parenting plan is a written agreement between parents that is flexible but not directly enforceable in the same way as Court orders. Consent orders are parenting orders approved by the Court and are legally enforceable, which usually makes them preferable where structure and certainty are needed.
Does a child need both parents' consent to get a passport?
Generally, yes. An application for a child's passport is usually made with the consent of each person who has parental responsibility, although consent may be waived in some circumstances. If you are concerned a child may be taken overseas without agreement, obtain urgent advice - the Court can make orders restraining travel, including placing a child on the airport watch list.
Can final parenting orders be changed later?
Generally only where there has been a significant change of circumstances since the orders were made and the Court is satisfied that reconsidering them is in the child's best interests. The Court may also reconsider final orders where all parties agree.
Do separated parents have to agree on every decision about the children?
No. Day-to-day decisions are usually made by the parent the child is with at the time. Where orders provide for joint decision-making on major long-term issues - such as education, health and religious upbringing - parents are generally required to consult each other and make a genuine effort to reach a joint decision.
What is an independent children's lawyer?
An independent children's lawyer is a court-appointed lawyer who independently represents a child's best interests in parenting proceedings - they are not obliged to follow the child's wishes. The Court may appoint one in cases involving allegations of abuse, intractable conflict or other special circumstances, and the lawyer is generally required to meet the child and give them an opportunity to express their views.
Can grandparents or other relatives apply for parenting orders?
Yes. A grandparent, or any other person concerned with the care, welfare or development of a child, may apply for parenting orders. Whether orders are made depends on what is in the child's best interests in the particular circumstances.
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