Parenting Arrangements ‘Custody’ and Children

Our expert Family Law Lawyers at South Coast Family Law Group are experienced in navigating the complexities of Family Law. Our experienced team is dedicated to helping you understand and establish effective parenting arrangements that prioritise the best interests of your children.

What Are Parenting Arrangements?

Parenting arrangements refer to the plans made regarding the care, living arrangements, and responsibilities for children following separation or divorce. These arrangements can cover a wide range of aspects, including:

Living Arrangements ‘custody’: Where the child will live and if the child or children are living with one parent primarily how much time they will spend with the other parent.
Parental Responsibilities: Decision-making authority regarding education, health care, and religious upbringing.
Communication: Guidelines for how children will communicate with both parents and how the parents will communicate with each other about parenting matters.

Why Are Parenting Arrangements Important?

Establishing clear parenting arrangements is crucial for:
Emotional Stability: Children benefit from consistent routines and clear expectations.
Legal Clarity: Well-defined arrangements help prevent disputes and ensure both parents understand their rights and responsibilities.
Child’s Best Interests: Courts in Australia prioritise the best interests of the child, and proper arrangements can support their emotional and physical well-being.

If you need assistance with consent orders for parenting arrangements or property settlements, contact South Coast Family Law Group today 02 4202 6644.

Types of Parenting Arrangements

Shared Parenting: Both parents share significant time with the child, promoting a balanced relationship.
Sole Parenting: One parent takes primary responsibility, with the other parent having scheduled time with the child or children.
Co-Parenting: Parents work together to make decisions and share responsibilities while living separately.

How to Create a Parenting Arrangement

Creating a parenting arrangement can involve negotiation and sometimes mediation. We strongly recommend that you obtain independent legal advice prior to entering into any agreement. Here is a step-by-step guide:

Open Communication: If it is safe to do so, discuss your child’s needs and your parenting goals openly with your ex-partner.
Consider the Child’s Views: Depending on their age and maturity, children’s opinions can be important.
Seek Professional Guidance: Consulting an experienced Family Lawyer can help clarify legal rights and responsibilities.
Draft a Written Agreement: A formal document outlining the agreed-upon arrangements can provide clarity and enforceability. We recommend that you seek assistance from an experienced Family Law Lawyer to draft a written agreement to avoid disputes and issues later.

How we can help

Expert Legal Advice

Our knowledgeable team provides tailored advice based on your unique situation.

Mediation Services

We are able to attend mediation with you to provide you with immediate advice and legal support during the mediation so that you are able to make informed decisions and reach amicable decisions.

Court Representation

If disputes arise and an agreement cannot be reached, our experienced Family Law Specialists are able to provide you with strong representation in Court.
Navigating parenting arrangements can be challenging, but you don’t have to do it alone. At South Coast Family Law Group, we are committed to helping you secure the best possible outcomes for you and your children.

FAQs About Parenting Arrangements and Custody

What is the difference between custody and parenting arrangements?

Custody was terminology that was previously used however Courts generally refer to parenting arrangements. Parenting arrangements encompass the overall plans for how a child will be cared for, including where they will live, visitation schedules, and decision-making responsibilities.

How are parenting arrangements or custody arrangements determined in Australia?

In Australia, parenting arrangements or custody arrangements are determined based on the best interests of the child. The Family Law Act emphasises the need to consider the child’s safety, emotional well-being, and relationship with both parents when making custody decisions.

Can I change existing parenting arrangements?

Yes, existing parenting arrangements can be modified if it is in the child’s best interests and/or there is a significant change in circumstances. It’s advisable to seek legal advice to ensure any changes are in the best interests of the child and properly documented.

What factors does the Court consider when deciding on parenting arrangements?

The Court considers several factors, including but not limited to:

Any history of family violence or abuse
The child’s age and developmental needs
The relationship between the child and each parent
The ability of each parent to provide for the child’s emotional and physical needs

Do I need a lawyer to create a parenting plan?

While it’s not legally required to have a lawyer draft a parenting plan, seeking legal advice from an experienced Family Law Lawyer can ensure that your plan is comprehensive and considers all necessary legal aspects. This can help prevent disputes in the future.

What should be included in a parenting arrangement?

A comprehensive parenting arrangement should include:

Living arrangements for the child
A detailed visitation schedule
Responsibilities for decision-making regarding education, health care, and other significant matters
Communication guidelines between parents
Changeover arrangements

What happens if one parent does not comply with the parenting arrangement?

If a parent does not comply with the agreed parenting arrangement, the other parent may seek enforcement through the Federal Circuit and Family Court of Australia. Legal advice from an expert Family Law Specialist can help you understand your options and the best steps to take.

How can mediation help with parenting disputes?

Mediation provides a confidential and supportive environment for parents to discuss and negotiate parenting arrangements. A neutral mediator can help facilitate communication, making it easier to reach a mutually agreeable solution without going to Court.

Can grandparents apply for custody or parenting orders?

Yes, grandparents can apply for parenting orders if they have a significant relationship with the child and it is in the child’s best interests. The Court will consider the child’s needs and the relationship with the grandparents in making its decision.

How long does it take to resolve parenting disputes?

The time it takes to resolve parenting disputes can vary widely depending on the complexity of the case and whether it proceeds to Court. Mediation may expedite the process, while Court proceedings can take several months or longer.