Parenting

When parents separate there can be a disagreement on what the arrangements should be for the care of any children.

A lot of people refer to custody. Custody means different things to different people and is not a legal term that is used in Australian family law. Very broadly when determining parenting matters there are three main issues to be consider:

• Parental responsibility (responsibility for making decisions about the children’s education, health and welfare);
• Who the children should live with; and
• What time the children should spend with the other parent.

However, there are also usually many smaller issues to be determined and these will depend on the specific circumstances of each case. These can be issues such as extracurricular activities, school holidays, special occasions such as birthdays, and overseas travel arrangements.

It is important to try reaching an agreement with the other parent first. If you are able to reach an agreement then you can either:

• have an informal agreement;
• a parenting plan; or
• apply for Consent Orders.

Please see our Consent Orders page for further information.

If you are unable to reach an agreement with the other parent then you may wish to consider other ways to try and reach an agreement such as mediation, alternative dispute resolution, or instructing a family lawyer to negotiate with the other parent on your behalf.

It is a legal requirement that parents must make a genuine attempt at reaching an agreement for parenting matters at mediation before applying to the Family Court. If you are unable to reach an agreement at mediation then you will be issued with a certificate which you will need before you can make an application to the Family Court.

If an application is made to the Family Court, the Court’s paramount consideration will always be the ‘best interest of the child’. The most important factors in this are ‘protecting the child from harm’ and ensuring that they have a ‘meaningful relationship with both parents’. The Family Law Act 1975 outlines in detail the factors that the Court considers when determining parenting matters and arrangements for children.

The process of parenting proceedings very much depends on the specific circumstances of the family and the dispute. If there is a dispute then it is important to seek legal advice as soon as possible as Family Court proceedings can be stressful, costly, and very lengthy.

We can help mothers, fathers, grandparents, and any other family members or adults with an interest in the children’s life and welfare to resolve any disputes regarding the arrangements for children.

If you need advice or representation regarding the care arrangements for children then contact our friendly family law team.