1. Parenting Arrangements After Separation
After separation, one of the first questions many parents ask is: “What happens with the children?”
The answer depends entirely on the family. There’s no automatic arrangement that applies to every separated couple.
Parenting arrangements may cover matters such as:
- who a child lives with
- when and how much time they spend with each parent
- weekend and weekday arrangements
- school drop-offs and pick-ups
- school holidays
- birthdays and special occasions
- Christmas, Easter and other significant dates
- telephone and video communication
- interstate or overseas travel
- schooling
- medical treatment
- religious or cultural matters
- how important long-term decisions are made
- communication between parents
- arrangements involving grandparents or other significant people
The Court recognises three broad ways families can arrange parenting matters after separation: informal arrangements, written parenting plans, and parenting orders, including orders made by consent.
The right option depends on your relationship with the other parent, how well you communicate, and whether you need a legally enforceable arrangement.
Is There Such a Thing as 50/50 Child Custody?
One of the most common misunderstandings in parenting disputes is that separation automatically means children should spend exactly half their time with each parent. It doesn’t.
Changes to Australian family law that commenced on 6 May 2024 removed the previous presumption of equal shared parental responsibility. There’s also never been a general requirement that children spend equal time with each parent.
Parenting arrangements should instead be worked out according to the circumstances of the individual child and what’s in their best interests. Depending on the family, an appropriate arrangement might involve substantial time with both parents, primarily living with one parent, or another structure altogether.
At Quill Legal, we’ll help you separate assumptions from the law and understand what factors may actually matter in your case.
2. Parenting Plans & Consent Orders
Not every parenting matter needs to end up in a courtroom. Where parents can reach an agreement, documenting it properly can give both parents, and their children, much-needed clarity.
What Is a Parenting Plan?
A parenting plan is a written agreement dealing with parenting arrangements. It must be in writing and signed and dated by both parents. It can cover practical matters such as where children live, when they spend time with each parent, and how decisions concerning them will be handled.
A parenting plan itself isn’t legally enforceable in the same way as a parenting order. For parents who communicate reasonably well, though, it can provide a useful framework and help avoid misunderstandings.
The important part is making sure the plan actually works in real life. A parenting arrangement that sounds fair on paper can quickly become difficult if it overlooks school schedules, shift work, travel distances, extracurricular activities, holidays, or how parents will communicate when plans need to change.
Quill Legal can help you think through those practical details before an agreement is finalised.
What Is a Consent Order?
Sometimes parents have reached an agreement but want something more formal. In that case, they may apply to have their agreed arrangements made into consent orders.
Once parenting orders are made by the Court, they’re legally binding. Even where both parents agree, the Court must be satisfied that proposed parenting orders are in the child’s best interests before making them.
Consent orders can be particularly helpful when parents want greater certainty around arrangements, or where an informal agreement might not provide enough protection.
Our lawyers can help prepare appropriate proposed orders and guide you through the application process.
3. Parenting Orders & Court Proceedings
Unfortunately, parents can’t always reach an agreement. You may have tried talking directly, exchanged proposals through lawyers, or attended mediation or Family Dispute Resolution, and still be no closer to resolving the dispute.
When that happens, it may become necessary to ask the Court to make parenting orders. These can deal with a wide range of issues, including:
- who a child lives with
- the time a child spends with each parent
- communication with a parent when the child is not with them
- arrangements during holidays and special occasions
- decision-making about major long-term issues
- changeovers
- travel
- relocation
- communication between parents
- arrangements intended to protect a child’s safety
A parent isn’t the only person who may be able to apply. Grandparents and other people concerned with the care, welfare or development of a child can also be eligible to seek parenting orders.
Do We Have to Attend Mediation First?
In most parenting disputes, parties must genuinely attempt Family Dispute Resolution before applying to the Court for parenting orders.
An accredited Family Dispute Resolution practitioner may issue what’s commonly called a Section 60I Certificate once the required process has been attempted, or where the practitioner decides FDR isn’t appropriate.
There are exemptions in certain circumstances, including some urgent matters and situations involving family violence, child abuse or risks to safety.
If you’re unsure whether Family Dispute Resolution is required in your situation, Quill Legal can explain the process and help you work out the right next step.
What Will the Court Consider?
The Court doesn’t simply decide which parent “wins”. Its paramount consideration when making a parenting order is the best interests of the child.
Current legislation requires the Court to consider matters including:
- arrangements that promote the safety of the child and the people caring for them
- views expressed by the child, where relevant
- the child’s developmental, psychological, emotional and cultural needs
- each proposed carer’s capacity to meet those needs
- the benefit of the child having relationships with parents and other significant people where it’s safe
- other circumstances relevant to that particular child
Every family is different, which is why good advice starts with understanding your circumstances rather than trying to force your family into a standard formula.
4. Urgent & Complex Parenting Matters
Some parenting disputes can’t just be worked through slowly. Your child may not have been returned at the agreed time. The other parent may be threatening to move interstate or overseas. There may be serious concerns about family violence, abuse, neglect, drug or alcohol misuse, or another risk to your child’s wellbeing.
You may already have parenting orders that aren’t being followed, or circumstances may have changed so significantly that existing arrangements no longer seem workable.
Quill Legal can help you understand what legal options may be available and whether urgent Court intervention should be considered.
Urgent and complex parenting matters may include:
- recovery order applications
- children not being returned
- interstate relocation disputes
- proposed overseas relocation
- international travel disputes
- breaches of existing parenting orders
- applications to change existing parenting orders
- family violence and safety concerns
- allegations of abuse or neglect
- disputes concerning a child’s schooling or medical treatment
- grandparents and other carers seeking parenting arrangements
The Federal Circuit and Family Court of Australia has separate procedures for matters involving urgent parenting applications, recovery orders, relocation, breaches of orders and safety concerns.
When something has happened suddenly, it’s easy to react first and think later. Before sending another angry message, turning up unexpectedly, or doing something that could complicate your position, speak with someone who understands the process. We can help you work out what needs to happen next.
