Your children come first
When parents separate, the care and welfare of their children is the paramount consideration, both for the parents themselves and for the court. The Family Law Act 1975 is clear: arrangements must serve the best interests of the child, not the preferences of either parent.
Our team works with parents to reach arrangements that are stable, practical, and genuinely focused on what their children need. Where agreement is possible, we help formalise it properly. Where it is not, we guide parents through the court process with care and clarity.
Parental responsibility
Under the Family Law Act 1975, both parents share parental responsibility for their children until the age of 18. This means both parents have the right and obligation to be involved in significant long-term decisions about their children’s lives, including decisions about health, education, and general welfare.
There is a presumption that equal shared parental responsibility is in the best interests of the child. This presumption can be rebutted in circumstances involving family violence or abuse, where the safety of the child or a parent is at risk.
Shared parental responsibility does not automatically mean equal time. The two are separate questions. Parents can share decision-making responsibility while children spend more time living with one parent than the other.
Parenting arrangements
Parenting arrangements cover where children live, how much time they spend with each parent, and how day-to-day decisions about the children are made. These arrangements can be reached in several ways.
By agreement
Where parents can set aside their own differences and focus on their children’s needs, agreement is the best outcome. An agreed parenting plan signed by both parents records the arrangements in writing, but it is not legally enforceable. To make arrangements binding, they should be formalised through Consent Orders filed in the Federal Circuit and Family Court of Australia.
Through family dispute resolution
Where direct agreement is not possible, family dispute resolution with an accredited practitioner is the required first step before most court applications. A dispute resolution practitioner helps parents work through their concerns and reach a practical arrangement. Any agreement reached through this process should be formalised through Consent Orders.
Through the court
Where family dispute resolution has been attempted without success, or where the safety of a child or parent makes it inappropriate, an application to the Federal Circuit and Family Court of Australia can be made. The court will make orders determining the care arrangements for the children, based on their best interests.
In circumstances involving family violence, abuse, or serious risk to a child’s safety, urgent court orders can be sought without first attempting family dispute resolution. If you or your children are at risk, speak to our team immediately.
Interim and final orders
When a court application is made, two types of orders may be sought. Interim orders are holding arrangements put in place while the matter works through the court process. Final orders are made at the conclusion of proceedings and determine the long-term arrangements for the children.
Despite the formal nature of court proceedings, most children’s matters resolve through negotiation before reaching a final trial. Early, well-advised engagement gives the best chance of a resolution that works for your children without the full cost and delay of a contested hearing.
What the court considers
The court’s assessment of what arrangements serve a child’s best interests is guided by a range of considerations, including:
- The benefit of the child having a meaningful relationship with both parents
- The need to protect the child from harm, including family violence and abuse
- The child’s own views, having regard to their age and maturity
- The practical difficulty and expense of the child spending time with each parent
- The capacity of each parent to provide for the child’s emotional, intellectual, and physical needs
- The likely effect of any change to the child’s existing arrangements
We are here to help
Children’s matters are among the most sensitive and important matters we handle. We approach them with the seriousness they deserve, and with the understanding that the people in front of us are parents doing their best in difficult circumstances.
Our role is to help you reach arrangements that are right for your children, protect your position as a parent, and give everyone the clarity to move forward.
Book a conversation with our team. No obligation. No pressure. Just a clear picture of where you stand and what needs to change.