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Living arrangements – where children live and how time is shared between parents.
Time with parents and others – arrangements for weekdays, weekends, school holidays, special occasions, and extended family (including grandparents).
Parental responsibility and decision‑making – who makes long‑term decisions about education, health, religion and extracurricular activities.
Communication arrangements – how parents communicate with each other and with their children.
Relocation and travel – proposed moves within Victoria, interstate or overseas travel.
Urgent and high‑risk matters – including family violence, safety concerns, substance misuse, mental health concerns, or risk of a child being removed.
Parenting Arrangements
Parenting matters focus on the care, welfare and development of children after separation. Our priority is to help parents reach practical, child‑focused outcomes while minimising conflict, delay and stress for everyone involved, and to help you understand the framework under the Family Law Act 1975 (Cth) and related child support legislation.
The Family Law Act – the child’s best interests are paramount
When the Court is asked to make parenting orders, it must regard the best interests of the child as the paramount consideration (Family Law Act 1975 (Cth) s 60CA).
To work out what arrangements are in a child’s best interests, the Court considers the factors in s 60CC.
In practical terms, the Court considers matters such as:
the child's safety, including any history of family violence, abuse, neglect, other harm, and any family violence orders;
the child’s views (having regard to age and maturity);
the child’s developmental, psychological, emotional and cultural needs;
the capacity of each proposed carer to meet those needs;
the benefit of the child having relationships with parents and other significant people, where it is safe to do so;
any history of family violence, abuse or neglect and any family violence orders; and
any other factor relevant to the child’s circumstances.
Parental Responsibility
Parental responsibility concerns who is legally responsible for making major long‑term decisions about a child. These decisions include matters such as education, major health treatment, religion and cultural upbringing. Parenting responsibility is separate from questions about where a child lives or how much time a child spends with each parent.
When the Court is asked to make parenting orders, it must regard the best interests of the child as the paramount consideration (Family Law Act 1975 (Cth) (s 60CA)).
Allocation of parental responsibility
Following amendments to the Family Law Act that commenced in May 2024, there is no longer a presumption that parents will have equal shared parental responsibility. Instead, the Court allocates parental responsibility in the way that best meets the child’s best interests, having regard to the considerations set out in s 60CC of the Act.
A parenting order may:
allocate parental responsibility jointly or to one parent;
allocate responsibility for some major long‑term issues (for example, health) to one parent and others jointly; and
specify how parents must consult with each other where responsibility is shared.
The Court’s focus is on the child’s safety, wellbeing and developmental needs, including each parent’s capacity to make appropriate decisions in the child’s interests.
Sole (or allocated) parental responsibility may be appropriate where shared decision‑making is not safe or workable. This can arise in circumstances involving:
family violence or abuse;
serious safety concerns;
entrenched conflict or an inability to communicate;
substance misuse; or
significant mental health issues.
Where sole parental responsibility is ordered, one parent may make major long‑term decisions without needing the other parent’s agreement.
Living Arrangements
Living arrangements usually address where a child will live and how time will be shared between parents. There is no “one size fits all” arrangement. The right approach depends on the child’s needs, family circumstances, practical logistics, and—most importantly—safety.
Some families consider arrangements where children spend equal time with each parent. Equal time is not appropriate in every case. The focus remains on whether an arrangement is workable and in the child’s best interests.
If equal time is not suitable, parenting arrangements may still provide for significant and meaningful time with each parent, where this is safe and in the child's best interests.
We can help you explore options and negotiate arrangements that are realistic, safe and workable for your family.
Time with other family members (including grandparents)
Children benefit from safe and positive relationships with extended family members, including grandparents and other significant people.
Where appropriate, parenting arrangements can provide for time and communication with extended family. If there are disagreements about time with grandparents or other relatives, we can advise on options to resolve the issue through negotiation, mediation or, where necessary, Court processes.
Parenting Plans
A parenting plan is a written agreement between parents that sets out parenting arrangements for their children. Parenting plans are flexible and can be tailored to reflect the particular needs of each family.
What can be included in a Parenting Plan?
Parenting plans can cover a wide range of matters, including:
Who the children live with
The time the children spend with each parent or other persons
How parental responsibility is allocated (how decisions are made)
How parents consult with each other about major decisions
Communication between the children and each parent
School holidays, special occasions and routines
Child maintenance (where applicable)
Processes for resolving disputes
Processes for reviewing or changing arrangements
Any other aspect of the care, welfare and development of the children
Parents may choose to enter into a parenting plan after obtaining support or guidance through:
Mediation with an accredited family law mediator
A family counsellor
A Family Relationship Centre
A family dispute resolution practitioner or consultant
Parenting plans should always reflect what is reasonably practical and in the best interests of the children.
Are Parenting Plans Enforceable?
Parenting plans are not legally enforceable. Unlike court orders, they cannot be enforced through the Court.
However, they are often a useful way to document agreed arrangements, support cooperative parenting, and reduce the likelihood of future disputes.
We can assist with preparing clear, practical parenting plans that reflect your agreement and help provide clarity moving forward.
Pre-action procedures (obligations before starting Court proceedings)
Before filing parenting proceedings, the Court generally expects parties to take genuine steps to resolve the dispute and narrow the issues. These steps are designed to help families avoid Court where possible and to ensure that, if Court is needed, matters are managed efficiently.
Pre‑action obligations commonly include:
attempting to resolve parenting issues through dispute resolution (including Family Dispute Resolution);
exchanging relevant information where appropriate;
making genuine offers to resolve issues; and
complying with Court rules and requirements, including filing a Genuine Steps Certificate in parenting proceedings (unless an exemption applies).
Exceptions may apply in urgent matters and in cases involving family violence, child abuse, or serious safety concerns.
Family Dispute Resolution (FDR)
In most parenting matters, the law requires parties to attempt Family Dispute Resolution (FDR) before applying to the Court for parenting orders.
FDR is a form of mediation facilitated by an independent and registered Family Dispute Resolution Practitioner. It may be conducted face‑to‑face, online, or by shuttle (separate rooms) where appropriate.
If agreement is reached, it can be recorded in:
a parenting plan (not legally enforceable), or
consent orders (legally binding).
If agreement is not reached, the practitioner may issue a section 60I certificate, which is generally required before parenting proceedings can be commenced, unless an exemption applies.
Matters resolved by agreement - Consent Orders
Where parents are able to reach agreement, the usual pathway focuses on documenting that agreement in consent orders so that it is clear, enforceable and finalised without the need for Court litigation.
This process commonly involves:
Initial advice and discussions – understanding your circumstances, the children’s needs, and the range of workable options.
Exchange of proposals – negotiating arrangements directly or through lawyers, with a focus on practical outcomes.
Family Dispute Resolution (mediation) – working with an independent practitioner to reach agreement where possible.
Drafting consent orders – preparing formal terms that reflect the agreed parenting arrangements, including living arrangements, time with each parent, parental responsibility, and communication.
Filing with the Court – submitting an Application for Consent Orders for consideration by the Court.
Court approval – a Registrar reviews the proposed orders and, if satisfied they are in the best interests of the child, makes them as legally binding orders.
Once made, consent orders provide certainty and can be enforced if necessary. This pathway allows families to finalise arrangements efficiently while avoiding the time, cost and stress of a contested hearing.
We guide clients through each stage of this process, from negotiations through to preparing and filing consent orders, to ensure the outcome is clear, workable and aligned with your family’s needs.
Court Proceedings
If agreement is not possible, parenting issues may proceed to Court. The Court process is structured and involves a number of stages, with the focus at all times remaining on the best interests of the child.
Orders may be made on an interim basis (short‑term arrangements while a case is ongoing) and on a final basis (long‑term parenting arrangements determined after all evidence is considered).
The Court process
A typical parenting matter in Court may involve:
filing an initiating application and supporting affidavit evidence;
a first court date (directions hearing) to identify issues and set the matter down for the next steps;
an interim hearing, where the Court makes temporary arrangements for the children;
compliance steps, including further evidence, disclosure and case management; and
a final hearing, where each party presents evidence and the Court makes final parenting orders.
Types of hearings
Depending on the complexity of the matter, Court proceedings may include:
Directions hearings – procedural hearings to manage the progress of the case;
Interim hearings – to determine temporary parenting arrangements;
Conciliation or child‑focused conferences – aimed at resolving issues or narrowing disputes;
Call‑over or compliance hearings – to ensure parties have complied with Court requirements; and
Final hearings – where evidence is tested and final orders are made.
Types of orders the Court can make
The Court can make a wide range of parenting orders, including orders dealing with:
where a child lives and how time is spent with each parent;
parental responsibility and decision‑making;
communication between the child and parents or other persons;
supervised time or conditions on time;
relocation and travel; and
any other issue affecting the care, welfare and development of the child.
Experts and child‑focused evidence
Parenting proceedings often involve independent experts to assist the Court in determining what arrangements are in the child’s best interests. This may include:
Family reports prepared by a family consultant, assessing the child’s circumstances and relationships;
Child impact reports at an early stage of proceedings to assist with interim arrangements;
Independent Children’s Lawyers (ICLs) appointed in some matters to represent the child’s interests; and
other expert evidence where relevant (for example, psychological or risk assessments).
These processes are designed to provide the Court with an independent, child‑focused perspective and to support informed decision‑making.
We guide clients through each stage of Court proceedings with clear advice about what to expect and the practical steps involved.
Family Violence
Family violence is a critical consideration in parenting matters and can significantly affect the type of arrangements that are appropriate for children. Under the Family Law Act, the Court must prioritise safety when determining parenting arrangements.
Family violence can include physical, emotional, psychological, financial or coercive behaviour. It may involve conduct directed toward a parent, the child, or another family member, and can also include exposing a child to family violence.
Where there are allegations or evidence of family violence, the Court will carefully assess risk when determining arrangements for children. This may result in:
restrictions on the time a parent spends with a child;
supervised time, where contact occurs in a controlled setting;
conditions on communication or changeovers (including indirect handovers);
limitations on how parents communicate with each other; or
in more serious cases, orders for no time or no contact.
The Court must consider the nature and extent of any family violence, the impact on the child, and whether appropriate safeguards can be put in place.
Family Violence Intervention Orders (IVO’s) can operate alongside family law parenting matters. Where both exist, it is important that orders are consistent and do not expose a party or a child to unacceptable risk.
The Family Law Court has the power to make parenting orders that override inconsistent aspects of an IVO, but will always do so with safety as the primary concern. Careful planning is required to ensure that Court orders, police orders and practical arrangements work together safely.
Where family violence is raised in Court proceedings:
the Court may make urgent or interim orders at an early stage;
additional safeguards may be implemented, including separate waiting areas, remote appearances or shuttle arrangements;
the Court may rely on expert evidence (such as family reports) to assess risk and the child’s needs; and
mediation or Family Dispute Resolution may be modified or may not be appropriate, depending on safety considerations.
We regularly assist clients where family violence concerns intersect with parenting matters. We provide clear advice on safe pathways, including urgent applications where needed, and work to ensure arrangements prioritise the safety and wellbeing of children and parents.
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