Child Custody Arrangements

Parenting arrangements involve the decisions parents make about the care and upbringing of their children following divorce or separation. These arrangements determine where the child will primarily reside, how parental responsibility is allocated and the time each parent spends with the child.

Types of parenting arrangements

1. Informal parenting arrangements 
2. If you agree on parenting arrangements you can make a parenting plan or seek to formalise your agreement by applying for consent orders
3. If you cannot agree on some issues, you can attend a mediation to help resolve any issues in dispute 
4. If you cannot reach an agreement, you can apply to the court for parenting orders. 

See our website for more information about consent orders and mediation. 

Parenting Orders

Parenting orders are orders made by a court about a child. A Parenting order may deal with the following issues:

• Who the child will live with 
• How much time the child will spend with each parent and or other people such as extended family members 
• The allocation of parental responsibility 
• How the child will communicate with the parent they do not live with 
• Relocation of the child’s residence 
• Whether or not the child can travel and in what circumstances can they do so 
• Any aspect of the care, welfare or development of a child.

In the context of family law, the best interests of the children are paramount considerations that guide the decision of the court. Some of the considerations are as follows:

1. Benefit of a Meaningful Relationship 

The court recognises the importance of children maintaining a strong connection with both parentings unless it is not in their best interests. 

2. The Child’s Safety and Wellbeing. 

The court assesses the risks or potential risks to the child’s safety and acts to mitigate these risks. 

3. The Child’s Views and Wishes 

While the weight given to a child’s wishes is dependent on their age and ability to understand the situation, their voice is an important factor which is taken into consideration. 

4. Protection from Family Violence or Abuse 

Ensuring that the child is protected from family violence, abuse, or exposure to this behavior is a paramount concern of the court. 

5. The Child’s Need for Stability and a Safe Home Environment 

The court recognises the importance of providing a child with a stable home environment such as routines, the child’s current living situation and continuity in their life. 

6. The Child’s Cultural and Indigenous background

The court recognises the importance of maintaining a child’s connection to their cultural heritage and indigenous background. 

7. The Child’s Age and Developmental Stage 

The age and developmental stage of a child is an important consideration as younger children may have different needs compared to older children.

NLS Law specialises in providing comprehensive legal assistance in parenting matters and child custody disputes. We ensure our clients receive expert guidance and advocacy to secure the best possible outcomes for clients and their children’s wellbeing and future.

For more information about parenting arrangements and parenting orders, please see the Federal and Family Court of Australia Website or contact our office to arrange a conference.