Parenting Arrangements for Children

The Family Law Act (1975) governs all parenting arrangements regarding children. The object of that Act is to ensure that children receive help to achieve their full potential and that parents fulfill their duties and meet their responsibilities concerning the care, welfare and development of the children.

To promote these objectives it is generally accepted that:

Children have a right to know and be cared for by both parents.
Children have a right to spend time on a regular basis with, and communicate on a regular basis with both parents and with other people significant to them.
Parents should share duties and responsibilities in relation to their children.
Parents should agree about the future parenting of their children

Unless there is a Family Court order or a parenting plan that states otherwise, both parents have equal shared parental responsibility regarding their children. This means that both parents are responsible for consulting each other and making joint decisions regarding all major long term issues that affect their children, such as education, religion and health.

Orders that may be made by agreement of the parties or by the Family Court may cover such matters as:

Who the children are to spend time with, for how long and how frequently.
That one parent is to be responsible for the day to day decisions about the welfare of the children.
That one parent is to be responsible for decisions about the long term care, welfare and development of the children.
Specific issues such as:

Where the children are to go to school.
Whether parents need to consult each other before taking the children to a medical practitioner.
Whether the children's names can be changed.
Whether the children can travel.

Before filing any application for parenting Orders in either the Family Court or the Federal Magistrates Court, parents must try to resolve their dispute by less adversarial means. Parents must supply a certificate from a Family Dispute Resolution Practitioner before going to Court. A Family Dispute Resolution Practitioner is a professional recognised by the Family Court as qualified in family dispute resolution processes such as counselling and mediation. It is only in exceptional circumstances that the Court will not require such a Certificate.

Care arrangements agreed to by parents tend to minimise the chances of disruption for children. We encourage you to find solutions to some or all of these issues by attending counselling and/or mediation, regardless of the Court's requirements. It is part of our role to assist you where we can in achieving this objective, without going to Court. If you reach an agreement we can help you formalise that agreement so that it is enforceable.

Please contact us to obtain detailed advice regarding parenting arrangements for your childrenand advice on the Court's requirements on family dispute resolution prior to filing.

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