For most parents, the biggest worry after separation is simple: “What will happen with the kids?”

Australian family law focuses on one central idea: decisions must be made in the best interests of the child. Understanding what this means can make the process less frightening.

What are “parenting arrangements”?

Parenting arrangements are the practical decisions about:

• Where the children will live

• How much time they spend with each parent

• How they communicate with each parent (calls, video, messages)

• Decisions about school, health, religion and day-to-day care

Arrangements can look very different from one family to another, depending on safety, children’s needs and the family’s circumstances.

Safety is always the first priority

If there is any risk of harm (including family violence, substance abuse or neglect), the law places a strong emphasis on keeping children safe. This can affect who the children live with, how time is spent, and whether supervised time is necessary.

Ways to reach an agreement

Parents can often reach arrangements without a contested court hearing by using:

• Informal agreement – parents agree between themselves (flexible, but not enforceable).

• Parenting plan – a written and signed agreement that records the arrangements (not a court order, but can guide future decisions).

• Consent orders – a formal, written agreement approved by a court and made into orders (legally enforceable).

Each option has different legal effects and levels of formality.

How the child’s views are considered

Children do not “choose” which parent to live with, but their views can be taken into account, depending on their age and maturity. This may be explored through professionals such as family consultants or psychologists, not by asking the child to “take sides”.

Why early advice helps

Every family is unique. Getting early legal advice can help you:

• Understand realistic options for your children

• Prepare for mediation or family dispute resolution

• Focus on arrangements that support your children’s long-term wellbeing

 

 

This article is general information only and does not constitute legal advice. Parenting decisions are sensitive and depend on your particular circumstances. Please seek personalised advice from a qualified family lawyer in your area.

 

If you are worried about how separation might affect your children, you can contact our office to discuss safe and child-focused options.