Areas of law
Parenting Arrangements
There are many assumptions about parenting arrangements, often based on what we have heard from friends, family, or in the media.
Concerned parents frequently ask us questions like:
“I’ve been the stay-at-home mum, so the kids will just stay with me won’t they?”
“Now that we’ve separated, the kids have to spend 50/50 with each of us don’t they?”
What actually happens will depend on the unique circumstances of your family and the provisions under Australian law.
The Australian Family Law Act sets out a pathway to determine parenting arrangements for children after separation.
Step 1
The best interest of the child is the most important principle when considering parenting arrangements.
Step 2
When navigating the legal pathway, there are two main considerations:
- the benefit to children in having a A meaningful relationship or a meaningful involvement is one which is important, significant and valuable to the child. meaningful relationship with both of their parents, and
- the need to protect children from harm, abuse, violence and/or neglect, whether physical or psychological.
In other words, children are entitled to a meaningful relationship with both parents if it is safe to do so.
Step 3
It will be assumed that both parents have Equal shared parental responsibility means that both parents have the same duties, powers, responsibilities and authority by law, in relation to their children.equal shared parental responsibility, which must result in the court considering an An order means an order of the court. When an order is made, each person bound by the order must follow it. order of equal time with each parent.
If equal time with each parent is not in the child’s best interest, or if it is not Practicable means:
(a) how far apart the parents live from each other;
(b) the parents' current and future capacity to implement an arrangement for the child spending equal time, or substantial and significant time, with each of the parents;
(c) the parents' current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind;
(d) The ability of the parents to co-operate with one another and work together
(e) the impact that an arrangement of that kind would have on the child; and
(e) such other matters as the court considers relevant practicable, then the court must consider Substantial and significant time means:
(a) the time the child spends with the parent includes both:
(i) days that fall on weekends and holidays;
(ii) days that do not fall on weekends and holidays; and
(b) the time the child spends with the parent allows the parent to be involved in:
(i) the child’s daily routine; and
(ii) occasions and events that are of particular significance to the child; and
(c) the time the child spends with the parent allows the child to be involved in occasions and events that are special significant to the parent. substantial and Substantial and significant time means:
(a) the time the child spends with the parent includes both:
(i) days that fall on weekends and holidays;
(ii) days that do not fall on weekends and holidays; and
(b) the time the child spends with the parent allows the parent to be involved in:
(i) the child’s daily routine; and
(ii) occasions and events that are of particular significance to the child; and
(c) the time the child spends with the parent allows the child to be involved in occasions and events that are special significant to the parent. significant time.
Less than substantial and significant time will be ordered by the court if it determines such an arrangement is in the child’s best interest.
If a parent has engaged in family violence or abuse, there is no assumption of equal shared parental responsibility, meaning the court is unlikely to consider placing the child with that parent.
Step 4
To work out the ‘best interest of the child’, first look at the primary considerations in Step 2.
- the child’s views
- the nature and relationship of the child with each of the parents and other people, including grandparents and extended family
- the extent to which a parent takes (or misses) opportunities to make decisions for the child
- the likely effect of any changes in the child’s circumstancesthe practicalities (including expenses) of a child spending time with and communicating with a parent
- this includes whether those practicalities and/or expenses might impact the child’s right to maintain a relationship and contact with both parents on a regular basis
- the capacity of the parents and any other person to provide for the needs of the child, including emotional and intellectual needs
- a father caring for his daughter
- the maturity, gender, lifestyle and background of the child and either of their parents
- the culture and traditions of the child, including if the child is of Aboriginal and/or Torres Strait Islander descent
- the attitude that each parent demonstrates toward the child and to the responsibilities of parenthood
- any Means: violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes them to be fearful.family violence involving the child or a member of the child’s family
- the existence of a family violence order, whether now or in the past, to the child or a member of the child’s family, including any relevant inferences that can be drawn
- the likelihood of making an order that might lead to further proceedings in relation to the child, and/or
- any other fact or circumstances that the court deems relevant.