At Brightstone Legal, we assist parents and caregivers with navigating parenting arrangements during separation or divorce. Australian family law prioritises the best interests of the child, and our family lawyers are here to guide you through your legal options with clarity and compassion.
Whether you are making informal parenting agreements or require formal court orders, we help you reach outcomes that protect your children and reduce conflict.
Understanding Parenting Arrangements
In Australia, parenting arrangements cover more than just where the child lives. They are guided by the Family Law Act 1975, which focuses on two key areas:
- Care Arrangements – Where the child lives, with whom they spend time, and daily routines including holiday schedules and special occasions.
- Parental Responsibility – The legal authority to make long-term decisions about a child’s upbringing, such as education, medical care, religion, and travel.
Parental responsibility is not the same as physical custody. Even after separation, both parents may retain shared parental responsibility unless the Court decides otherwise due to safety or conflict.
Common Types of Parenting Arrangements
Parenting arrangements can be made in two ways:
- By Agreement – If both parents agree, they can create a Parenting Plan or apply for Consent Orders from the Family Court to make the agreement legally binding. These are suitable where communication remains civil and cooperative.
- By Court Order – If parents cannot reach agreement, the Family Court may issue Parenting Orders after assessing what is in the child’s best interests. Parenting Orders are enforceable and can include who the child lives with, how much time they spend with each parent, and who has decision-making authority.
Common Parenting Arrangements
This involves both parents sharing time with the children equally. For example, each parent might have the children for 7 days every fortnight. In these arrangements, both parents also share decision-making responsibilities equally.
One parent may care for the children for a set number of nights per fortnight (for instance, between 2 to 6 nights), while both parents still share decision-making responsibilities. This is a common arrangement where practical or logistical issues make equal time unworkable.
Sometimes, one parent may only see the children occasionally, such as once a month or during school holidays. In such cases, the other parent who has primary care often holds sole decision-making responsibility.
In rare situations where one parent has little or no regular contact with the children, the full responsibility for day-to-day care and major decisions typically rests with the parent the children live with.
What the Court Considers
When making parenting orders, the Court considers many factors, always aiming to protect the child’s physical and emotional wellbeing. These factors may include:
- The child’s relationship with each parent
- The child’s age, maturity, and ability to adjust
- Each parent’s ability to meet the child’s emotional and physical needs
- Any risks from family violence, neglect or abuse
- Cultural background, including Aboriginal or Torres Strait Islander heritage
- Recommendations from expert family reports or independent assessments
Each parenting case is unique. The Court’s priority is always the best interests of the child, even where parents strongly disagree.
Who Can Apply for Parenting Orders?
It is not only biological parents who can apply. Stepparents, grandparents, same-sex parents, surrogate carers and other significant caregivers may also apply for parenting orders if they play a meaningful role in the child’s life.
We assist all types of caregivers to make or enforce appropriate arrangements where children are involved.
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