Parenting Arrangements
We help parents navigate the sensitive and important process of arranging care for their children after separation. Whether through negotiation, mediation, or court proceedings, our family lawyers work to ensure parenting arrangements are practical, child-focused, and in the best interests of your children. We can assist with agreements about living arrangements, time spent with each parent, decision-making responsibilities, and special occasions, helping you reach clear and workable solutions that minimise conflict and put your children first.
Do parenting orders always mean equal time with both parents? No. The court’s primary consideration is the best interests of the child. Equal time is only ordered if it’s in the child’s best interests and reasonably practicable.
How the Court Decides What’s in a Child’s Best Interests When deciding parenting arrangements, the court must consider: General considerations (apply to all children) Safety first – Protecting the child (and anyone caring for the child) from family violence, abuse, neglect or other harm. Child’s views – Any opinions the child expresses, taking into account their maturity and understanding. Needs – The child’s developmental, psychological, emotional, and cultural needs. Parental capacity – Each parent’s (or proposed carer’s) ability to meet those needs. Relationships – The benefit to the child of having a relationship with parents and significant others, if safe to do so. Other relevant factors – Anything else relevant to the child’s specific situation. When considering safety, the court must also look at: Any history of family violence, abuse, or neglect involving the child or their carers. Any family violence orders (past or present) affecting the child or family members. Additional considerations for Aboriginal or Torres Strait Islander children The child’s right to enjoy and maintain connection with their culture, community, family, country, and language. Support for the child to explore, understand, and value their culture. The impact any parenting order may have on these cultural rights.
Do we have to go to court to decide parenting arrangements? Not necessarily. Most parenting arrangements are agreed through negotiation, mediation, or Family Dispute Resolution (FDR) before going to court.
What is Family Dispute Resolution (FDR)? It’s a type of mediation where a trained, neutral professional helps separated parents reach an agreement about parenting arrangements without going to court. In most cases, you must try FDR before applying for parenting orders.
What’s the difference between parenting plans and parenting orders? Parenting Plan – A written agreement between parents about arrangements for their children; not legally enforceable but can be used in court as evidence. Parenting Order – A legally binding order made by a court, either by consent or after a hearing.
What if one parent breaches a parenting order? The other parent can apply to the court for enforcement. The court can order make-up time, vary the order, or impose penalties depending on the seriousness of the breach.
Can grandparents or other relatives apply for parenting orders? Yes. Anyone concerned with the child’s care, welfare, and development – including grandparents – can apply for parenting orders.
What happens if there are allegations of family violence? The court will give priority to the child’s safety. This can affect how and whether time is spent with a parent, including the possibility of supervised visits.
Can parenting orders be changed? A court generally cannot reconsider a final parenting order unless: There has been a significant change in circumstances since the order was made; and Reconsideration is in the best interests of the child. When deciding this, the court may consider: The reasons and evidence behind the original order; Any new evidence not available previously; The likelihood of making a substantially different new order; Potential benefits or harm to the child from reconsidering.