Parenting Arrangements
Parenting arrangements can have a long-term impact on both you and your family. Every family is different, and the arrangements that work for one family may not be suitable for another.
We can assist you in negotiating and establishing parenting arrangements that work best for your child and your family circumstances.
We also work with a network of reputable professionals, including mediators, psychologists, therapeutic counsellors, family report writers, and other child development specialists, who can assist at various stages of developing parenting arrangements or resolving parenting disputes.
Use the button below to book an instant legal consultation, or a free call with an experienced family lawyer to discuss arrangements that best suit your situation.
Scope of parenting arrangements
Parenting arrangements set out how separated parents will care for and make decisions regarding their children.
Parenting arrangements may address matters including:
- who has parental responsibility
- children’s time spending arrangement with each parent
- arrangements for special occasions and holidays
- schooling and education decisions
- medical and health decisions
- communication between parents and children
Parenting arrangements can be flexible and tailored to your family’s circumstances, provided that they are consistent with the best interests of the child.
What is parental responsibility
Parental responsibility refers to “all duties, powers, responsibilities and authority which, by law, parents have in relation to children”. A person with parental is responsible for making “major long-term decisions” relating to the child, including the child’s education, religious and cultural upbringing, health, name, and any changes to the child’s living arrangements.
Equal shared parental responsibility is no longer presumed. The Court has discretion to determine what type of parental responsibility arrangement is in the best interests of the child.
Parental responsibility is also separate from time-spending arrangements. For example, a parent who does not spend time with the child may still retain parental responsibility for major decisions.
How We Assist You in Reaching Interim or Final Parenting Arrangements
Making an agreement
If you and your former partner can agree on parenting arrangements, it may not be necessary to commence court proceedings.
Parents may make:
- an informal agreement, or
- a parenting plan
If you would like the agreed parenting arrangements to be legally binding and enforceable, you may apply for Consent Orders.
Our family lawyers can assist you with drafting parenting plans or preparing consent orders to formalise your agreement.
Resolve parenting dispute through litigation
If parents have disputes regarding parenting arrangements, it is the last resort to commence court proceedings.
Before applying to the Court, parties are generally required to follow pre-action procedures, which may include attending family dispute resolution.
Parenting orders are usually made in the Federal Circuit and Family Court of Australia, and the Local Court of New South Wales.
Once parenting orders are made, both parents must comply with the orders while they remain in force, unless they have a reasonable excuse.
If a parent does not comply with parenting orders without a reasonable excuse, the other parent may apply to the Court to enforce the orders. The Court may impose penalties for non-compliance.
Who we can act
Under Australian law, children have a right to maintain relationships with people who are significant to their care, welfare, and development. This may include:
- parents
- grandparents
- relatives
- members of the extended family
- other persons concerned with the child’s care and development
Grandparents and other significant persons may apply to the Court for parenting orders, including orders allowing them to spend time with a child.
We can represent current and intended parents as well as grandparents and guardians.
Changing your parenting arrangements
The easiest and most cost-effective way to change parenting arrangements is usually by reaching a new agreement with the other parent, where it is safe and practical for you to do so.
If you currently have an informal agreement or parenting plan, you can change the arrangements at any time by making a new agreement.
If you have parenting orders (including consent orders), they may also be varied by agreement unless the orders state otherwise.
Changes can usually be made by:
- entering into a new Parenting Plan, or
- applying to the Court for new Consent Orders
The most appropriate option will depend on your circumstances, and we can assist you in determining the best approach.
Costs of a parenting arrangement
We offer a fixed-fee pricing solution for certain family law services, including some services related to parenting arrangement, providing greater cost certainty, increased transparency and improved efficiency. More about fixed-fee service
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