Parenting arrangements after separation
Expert parenting lawyer in Adelaide, South Australia
Sorting out parenting arrangements after separation often involves difficult decisions, particularly:
- Where will the children live?
- How much time will they spend with each parent?
Some families can agree, but for others, there are high emotions and communication breakdowns. This is where a parenting lawyer can help smooth the way to arrangements that are in the best interests of your children.
Having some knowledge is an excellent starting point for understanding your needs and obligations, so here’s some important information about parenting arrangements after separation.
Get in touch to learn more about how we can help you.
Frequently asked questions about family law parenting arrangements
What’s the difference between child custody and parenting arrangements?
“Child custody” is a common term, but it’s no longer used in Australian family law. These days, “parenting arrangements” and “parenting plan” are the terms used to describe the arrangements for where a child will live and how their time is divided between the parents.
What is a parenting plan?
A parenting plan is a written agreement outlining the arrangements for your children after separation. It’s best suited for parents who can still work together and want to document their agreement without going to Court.
Parenting plans are developed through joint agreement, and although a lawyer can help draft the document, no Court involvement is required.
Parenting plans are not legally enforceable, but if a case later goes to Court, the terms of the most recent parenting plan may be considered when making parenting orders.
What are the advantages and disadvantages of parenting plans?
Advantages of a parenting plan include:
- It can address any aspects of the children’s care that you and the other parent need to agree on
- It can be modified at any time with consent from both you and the other parent
- Both parents maintain control over the decision-making process
- It offers flexibility and is straightforward to put into action
- Creating an agreement outside of Court helps save time, money, and reduces stress
- It can be cancelled or changed at any time with a new agreement that is written, dated and signed
- It is useful if you and your former partner want to retain an agreeable and child-focused co-parenting relationship
The main disadvantage of parenting plans is that they aren’t legally binding or enforceable. However, they can be used as proof of an agreement between you and the other parent.
What are parenting consent orders?
Consent orders are Court-approved legally binding agreements. The parties agree on the orders to be made, which is why they’re known as “consent” orders.
The Federal Circuit and Family Court of Australia must approve parenting consent orders before they can be made.
Parenting consent orders are helpful when:
- You and the other parent can agree on parenting arrangements and
- You both want to formalise the agreement to make it legally binding and enforceable
Getting consent orders requires an application to the Court detailing the agreed parenting arrangements. The Court will make the orders only if satisfied that they serve the best interests of the child or children involved.
Unlike formal Court hearings, neither you nor the other parent needs to go to Court. If the application is approved, the orders become legally enforceable, having the same effect as if a judge made them following a hearing.
What are parenting orders?
If you and the other parent can’t agree about the care arrangements for your children, you can ask the Court to decide on the arrangements.
Australian family laws require the Court to follow guidelines when making parenting decisions. The “best interests of the child” is the most critical concern.
What are the advantages and disadvantages of parenting orders?
The advantages of parenting orders include:
- They are decided by a judge whose only focus is ensuring the best interests of the child, regardless of the parents’ proposals
- They are legally binding and enforceable, so there are significant penalties if either parent breaches them
The disadvantages of parenting orders include:
- The decision-making is taken away from the parents
- The Court process can be lengthy and incredibly expensive
What’s the difference between child support and care arrangements for children?
There are significant differences between child support and care arrangements, even though they are often mistakenly thought to be the same.
While these two concepts are connected, they serve different purposes and are governed differently.
Child support
Child support refers to the financial support provided for raising children.
The Child Support Agency (part of Services Australia) usually assesses child support. It uses a formula that considers factors such as:
- Parental income
- The ages of the children
- The amount of time the children spend in each parent’s care
Care arrangements
Care arrangements are worked out by agreement between the parents or according to Australian family laws.
They focus on:
- Who the children spend time with, and
- Who is responsible for their care
Decisions about care arrangements are based on the child’s best interests, prioritising their safety, welfare, and overall wellbeing.
The obligation to pay child support remains even if the parent is estranged from the child or the Court orders that the parent can only spend minimal time with the child.
In other words, the obligation to pay child support doesn’t depend on how much time a parent spends with the child.
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Parenting arrangements require careful handling and detailed thought. The most critical concern is the best interests of your children. Both you and the other parent must make this the top priority.
However, this isn’t possible in some situations, especially if communication is a problem. That’s why it’s a good idea to engage a family lawyer to help you make parenting arrangements that work for you and your children.
We’re highly experienced lawyers skilled in negotiating parenting arrangements after separation. We offer trustworthy, affordable legal guidance.
Get in touch to learn more about our family law services for parenting arrangements.