Parenting / Children’s Arrangements.

While terms such as custody, access and visitation are still commonly used, the current law focuses on:

• Parental decision-making (parental responsibility) – who makes major long-term decisions about a child (e.g. education, health, religion). This can be joint, requiring consultant and agreement, or solely attributed to one parent;

• Living arrangements – where the child lives and how time is spent with each parent.  This can also include:

  • Telephone / facetime communication with a parent;

  • Arrangements for communication and time with other significant persons (such as grandparents).

Parents are encouraged to reach agreement on the arrangements for their child/children wherever possible. This may occur through:

• Lawyer-assisted negotiation;

• Mediation or Family Dispute Resolution.

If an agreement is reached, it can be formalised by entering into either:

• A parenting plan; or

• Consent Orders formalised through the Court.

It is important parents seek legal advice before entering into a parenting plan or Consent Orders.

Parenting plans are often used as a practical, flexible alternative.  While a parenting plan is not legally binding, it is recognised by the Court as evidence of parents’ intentions on the care arrangements for their children.  A parenting plan can also vary the terms of a Consent Orders. 

Consent Orders are enforceable through the Court and parents are required to proactively comply with their terms.

If agreement cannot be reached, the Court can determine parenting matters and make orders. The Court considers a range of factors, including:

• Promoting the safety of the child and of each person who has care of the child;

• The benefit to the child having a relationship with their parents (and other significant people such as grandparents)

• The child’s views (where appropriate)

• Each parent’s capacity to meet the child’s developmental, psychological, emotional and cultural needs.

In considering the above, the Court is mandated to consider any history family violence of a child or parent and whether there has been any family violence Orders (Intervention Order).

Recent legislative amendments on Family Law in Australia have clarified there is no presumption of shared parental responsibility and no automatic entitlement to equal time. Each case is decided on its own circumstances focusing on what arrangement best promotes the child’s wellbeing.

In addition to assisting parties reach agreement on parenting arrangements, Sayer Jones provides strategic, pragmatic advice in complex parenting disputes, including urgent recovery Orders, relocation applications, high-conflict matters and cases involving unacceptable risk to children.