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Children’s &
Parenting Arrangements
It can be challenging for parents to agree on parenting arrangements after a separation, especially when emotions are high. However, it is essential to prioritise the well-being and needs of the children throughout the process.
Seacliff Family Law, servicing the Wollongong, Sutherland, Macarthur, Southern Highlands and wider Sydney regions, is here to help explain different parenting arrangements and areas of consideration to assist you during this process.
Parenting Arrangements after Separation and Parenting Agreements
A parenting arrangement sets out the time a child will spend with each parent or guardian. This can be completely tailored to your situation; each family will have unique circumstances and needs. The priority is what is in the children’s best interests.
Parenting arrangements can set out usual day to day arrangements, but also cover things such as special occasions, holidays, travel, communication expectations and boundaries. A parenting arrangement can be made on an informal basis or formalised in writing by way of a parenting plan or Court orders. Whilst some families will not need parenting arrangements formalised in writing, this can greatly assist the co-parenting relationship by providing structure and reducing the ability for conflict and dispute.
Formal parenting arrangements can be sorted out without needing to go to Court, and wherever possible we try and assist you to resolve things amicably without having to go through the Court process. If you are unable to reach an agreement, parenting arrangements can be decided by a Court.
What is most appropriate will depend on your individual circumstances. Successful parenting arrangements prioritise the child's needs and development, consider the child's schedule and age and facilitate positive relationships between the child and both parents.
What is Child Custody?
In Australia when discussing parenting arrangements we refer to a child either “living with” a parent or “spending time” with a parent. Some people refer to and know parenting arrangements as child custody. It is the same concept, however the term child custody is not the correct terminology used in the Australian family law courts.
What is Parental Responsibility?
Parental responsibility refers to all the duties, powers, responsibilities and authority that parents have in relation to their children. Parental responsibility is separate and distinct from the time a parent spends with a child. Unless there is a court order specifying something different, each parent has parental responsibility for a child until they turn 18 years of age. This applies whether the parents are in a couple, separated, if they have never been in a relationship or otherwise. Each parent can effectively make decisions regarding their children.
If you want to create a legal obligation for a parent to make joint decisions regarding major long-term matters effecting a child you should consider an order for equal shared parental responsibility. This would require each parent to consult with the other to reach joint decisions regarding important and major long-term matters. This could include but is not limited to decisions regarding schooling and education, religion and cultural upbringing, health, name and living arrangements if they are going to make it much more difficult for a child to spend time with a parent.
In some situations it may be appropriate to apply for an order for sole parental responsibility. This would give you the ability to make important decisions for your child without having to get the consent of the other parent. This relates to decision making only. An order for sole parental responsibility does not cover sole care or custody of a child.
There are many other issues you may face when navigating parenting arrangements following separation.
We are here to help.
DOMESTIC VIOLENCE
All parenting arrangements need to ensure that the safety and security of the child are paramount. Family and domestic violence is an issue that needs to be taken seriously in the context of parenting arrangements. If there has been domestic violence, the protection from physical or psychological harm must be prioritised. Various protective orders or provisions may need to be implemented, and in some situations it may be appropriate for the safety and wellbeing of the children that a parent has no time or contact.
Whether you are the victim or perpetrator, it is essential that you connect with the right support services and therapeutic interventions. We can assist in connecting you with the right professionals.
PARENTAL ALIENATION
Parental alienation occurs when one parent influences a child to reject the other parent. It can harm a child's emotional well-being and damage the relationship between the child and the rejected parent. It can be challenging to identify and resolve parental alienation without professional intervention.
RELOCATION
The issue of relocation can arise when one parent wants to move with the child to a location away from the other parent. Ideally, before a parent relocates with a child they will obtain the agreement of the other parent or get permission from the Court. In reality this is not always the case and a parent may relocate without your knowledge or consent.
Whether you want to relocate with your child, or the other parent is considering or has moved with the child you should get expert family law advice immediately. A court has the power to allow a parent or caregiver to relocate with a child, and also has the power to stop or prohibit a parent or caregiver from relocating the child’s residence outside a certain area or distance. If a parent has already relocated, the Court has the ability to make an order for the child’s return. In these situations, time is often critical and can impact upon the success of any application made.
In relocation matters, a court must determine what is in the child’s best interests. Whilst not the only matters taken into account, important factors will often include the reason for the relocation, the child's relationship with each parent, and the effect the relocation will have on the child.
DRUG & ALCOHOL USE
If there are allegations of drug or alcohol use, an assessment of the risk and how the substance use may impact on a parents capacity to parent and care for the children will be considered. This will depend on a range of factors including the type of substance used, frequency of use, behaviour when under the influence, any management and treatment plan in place and how it may intersect with other issues such as mental health and family violence.
Why Choose Seacliff Family Law for Children’s matters?
Seacliff Family Law is led by Ashleigh Wisbey, an accredited family law specialist with more than a decade of experience in the field. With her extensive knowledge of family law, Ashleigh can provide the guidance and support you need to navigate the legal system confidently. She leads a skilled team with the same values and commitment to supporting clients during difficult times.
We understand that every family is unique and that clients come to us with their circumstances and challenges. That’s why we provide compassionate and empathetic legal support tailored to your needs. We take the time to listen to our clients, understand their concerns and priorities, and work with them to find the best possible solution. We are with you every step of the way, offering the support and reassurance you need to make informed decisions about your future.
Our professional team prides itself on providing personalised and dedicated support to each and every client who comes through our doors. We understand that you need more than just legal guidance; you need someone who can listen to your concerns, offer advice and support, and help you confidently move forward. We work closely with our clients, keeping them informed every step of the way and taking the time to answer any questions or concerns they may have.
Frequently Asked Questions
Who will have custody of the child?
There is no set rule or law as to which parent gets custody of the children. Which parent the children live with will depend on what is in the children’s best interests. To determine this the two primary considerations are the benefit to the children in having a meaningful relationship with both parents and the need to protect children from physical and psychological harm. The need to protect from harm takes priority.
What happens if i move away from the area?
It depends on many factors including how much care you have of the children and the distance you have or are planning to move. For example, it is unlikely anything would happen if you moved 20 minutes away. This is very different however to relocating hours away or interstate. If you relocate with the children without the other parent’s permission or an Order allowing the relocation, your ex can apply to the Court for an urgent order for you to return with the children. It is strongly recommended that you obtain tailored legal advice to your circumstances before you make any major decisions.
What happens when my child turns 18 years old?
Parenting orders are only in place for children, that is until a child reaches 18 years of age. Once a child is 18 they are an adult and free to make their own decisions regarding the time they spend with and relationship they have with each parent or other important persons.
How often will I be able to visit my child if my ex-partner has custody?
That will depend on what arrangements are put in place with your ex-partner. If you are having difficulty coming to an agreement with your ex about when you see your children, or there is a lot of inconsistency with when you are able to spend time with them we recommend that you obtain expert legal advice at the earliest available opportunity. Generally speaking having a plan in place in relation to care of the children can greatly assist with reducing conflict in the co-parenting relationship.
WHEN CAN MY CHILD DECIDE WHO THEY WANT TO LIVE WITH?
Contrary to popular believe, there is no set age that a child gets to decide what parent they live with or how much time they spend with the other parent. A child’s views or wishes is just one of many factors taken into account by a Court deciding what parenting orders to make. It is not the primary consideration. When looking at a child’s wishes, the Court will consider the level of maturity, insight and understanding in determining how much weight to attribute to those wishes. It will be relevant, for example, if those wishes are genuine or have been influenced or coerced by a parent.
Seacliff Family Law seeks to untangle the complexities of:
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Bringing an end to the marriage
De facto relationships
International family law
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Dividing assets and finances including superannuation
Spousal maintenance
Financial agreements (prenuptial agreements)
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Live with and spend time with arrangements for the kids (child custody)
Parental responsibility
Recovery & location orders
Relocation issues
Domestic violence
Abuse & risk issues
Parental alienation
Grandparents and other people important to the children
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