Parenting Arrangements

Speak with Parenting Arrangements Lawyer

Separating parents often worry about how their decisions will affect their children. Questions about where the children will live, who will make decisions and how much time they will spend with each parent can create tension and confusion.

Revolance Legal is here to guide you through this difficult time. We take a strategic yet compassionate approach to parenting arrangements, explaining the law and helping you focus on what matters most — the wellbeing of your children.

The Best Interests of the Child

Australian family law requires that all parenting arrangements promote the best interests and safety of the child. When making a parenting order, the court considers a range of factors:

Protection from harm: children must be protected from family violence, abuse or neglect.
Children’s views: if appropriate, the court takes into account the views of the children, giving more weight as they grow older and more mature.
Relationships: maintaining meaningful relationships with both parents and other relatives is important.
Parents’ capacity: the ability of each parent to provide for the child’s physical, emotional and intellectual needs is assessed.
Practical factors: the effect of changing living arrangements, the cost of travel and the parents’ attitudes towards parenting.
Cultural identity: for Aboriginal or Torres Strait Islander children, the court considers the child’s right to enjoy their culture and maintain ties with their community.

Parenting Plans and Consent Orders

Parents are encouraged to agree on arrangements without court intervention. A parenting plan is a written agreement that sets out arrangements for children. It can cover:

Where the children live.
Time spent with each parent and other relatives.
How decisions will be made about education, health and religion.
How expenses will be shared.
How you will communicate about the children.

Parenting plans are flexible and can be changed by agreement. However, they are not legally enforceable. To create a binding arrangement, parents can ask the court to make consent orders based on their agreement. These have the same effect as orders made by a judge.

Court Orders

If parents cannot agree, either may apply to the court for a parenting order. The court will consider the best interests of the child and make orders about:

Parental responsibility: whether decisions will be made jointly or by one parent.
Living arrangements: where the child will live and how much time they spend with each parent.
Communication: how parents will share information and coordinate care.
Other matters: such as schooling, religion and travel.

Before filing an application, parents must usually attend family dispute resolution (mediation). There are exceptions, such as cases involving family violence or urgency.

Practical Tips for Parents

Focus on your children’s needs. Avoid discussing adult disputes in front of them.
Communicate respectfully. Clear, calm communication reduces conflict and helps children adjust.
Be flexible. Children’s needs change as they grow. Regularly review arrangements and adjust when necessary.
Keep records. Maintain a record of agreements, expenses and important dates.
Seek support. Counsellors, mediators and lawyers can help you manage emotions and find solutions.

How Revolance Legal Can Help

Our lawyers guide parents through every stage of the process. We will:

Explain your rights and obligations.
Draft parenting plans that reflect your family’s needs.
Represent you in family dispute resolution and court proceedings.
Advocate for your children’s best interests in a caring yet assertive way.
Coordinate with psychologists or cultural consultants if needed.

We act as a strategic partner while providing the empathy you need during a challenging time.

Frequently Asked Questions (FAQs)

Do we have to go to court to agree on parenting arrangements?

No. Many parents reach agreement through mediation or negotiation and then record their agreement in a parenting plan or consent orders. Only if you cannot agree or there are safety concerns will the court decide for you.

Can a child choose which parent to live with?

The court considers a child’s views but does not allow children to make the final decision. The weight given to a child’s views depends on their age and maturity.

What is family dispute resolution?

It is a mediation process where a neutral practitioner helps parents reach agreement. Participation is generally required before applying to court. Exceptions include cases involving family violence, child abuse or urgency.

Put Your Children First

Making parenting arrangements can be stressful, but you do not have to face it alone. Revolance Legal provides clear, direct advice and compassionate support to help you achieve workable solutions. Reach out to us on 02 9266 0688 or email [email protected] to discuss your situation.