When parents separate or divorce in Australia, one of the most important – and often most emotional – decisions involves parenting arrangements for their children. Who the children live with, how much time they spend with each parent, and how key decisions are made about their upbringing are all critical issues. When parents cannot agree, the family court steps in. This article explains how the court decides parenting arrangements and what factors influence those decisions, with guidance from Stewart Family Law, trusted family lawyers in Brisbane.
Understanding Parenting Arrangements in Australia
In Australia, the Family Law Act 1975 governs parenting arrangements. The law does not automatically give one parent more rights than the other. Instead, the court’s main concern is the best interests of the child. This principle is at the heart of every parenting decision made by the court.
Parenting arrangements can include where a child lives, how much time they spend with each parent, and how parents share responsibilities like education, healthcare, and religion.
The “Best Interests of the Child” Principle
When making parenting orders, the court must apply the best interests of the child test. This involves considering both primary and additional considerations.
The two primary considerations are:
- The youngster gains from a close interaction with both parents.
- The need to protect the child from physical or psychological harm, including from being exposed to abuse, neglect, or family violence.
If there’s a conflict between these two, the child’s safety comes first.
Additional considerations may include:
- The child’s views (depending on their age and maturity).
- The nature of the child’s relationship with each parent and other family members.
- The ability of each parent to provide for the child’s emotional and physical needs.
- The effect of any changes on the child’s circumstances.
At Stewart Family Law, experienced family lawyers in Brisbane explain that every case is different. The court takes a personalised approach based on the unique facts of each family.
Equal Shared Parental Responsibility vs Equal Time
Many parents assume that equal time means equal responsibility, but the law makes a distinction between parental responsibility and time spent with a child.
Equal shared parental responsibility means both parents share decision-making duties about major issues like schooling or medical care. This is the default legal starting point, unless one parent poses a risk to the child.
However, equal shared parental responsibility does not automatically mean the child will live with each parent 50/50. The court only orders equal time if it is in the best interests of the child and is practical for both parents.
For example, if parents live far apart or have very different routines, equal time may not be workable. In such cases, courts might order substantial and meaningful time with one parent instead.
Practical Factors the Court Considers
In deciding parenting arrangements, courts look at many practical factors that impact the child’s wellbeing, including:
- Where each parent lives.
- The child’s school location and extracurricular activities.
- The work schedules and availability of each parent.
- The ability of parents to cooperate and communicate.
These practicalities help determine what arrangement will give the child a stable, secure, and supportive environment. Stewart Family Law often advises clients to think about these logistics when proposing a parenting plan.
Role of Family Reports and Independent Children’s Lawyers
In more complex disputes, the court may appoint an Independent Children’s Lawyer (ICL) to represent the child’s interests. This lawyer does not represent either parent but helps the court understand what arrangement may be best.
The court may also request a family report, prepared by a psychologist or social worker. This report includes interviews with the parents and child, and observations of interactions. It gives the court insight into family dynamics, the child’s views, and each parent’s parenting capacity.
These reports often have a strong influence on the final court decision.
Can Parenting Arrangements Be Changed?
Yes, parenting arrangements can be changed if there is a significant change in circumstances, such as relocation, a new partner, changes in the child’s needs, or concerns about safety.
However, courts do not encourage unnecessary litigation. It’s best to resolve issues through negotiation or mediation first. Stewart Family Law, as experienced family lawyers in Brisbane, often helps parents avoid court by reaching agreements through mediation.
Avoiding Court Through Agreement
Parents are encouraged to make their own parenting plans outside of court. These can be informal (a written agreement) or formalized as consent orders through the court.
Out-of-court solutions often lead to better cooperation between parents and more flexible arrangements for children. Stewart Family Law helps clients prepare fair, legally sound parenting plans that reflect the child’s best interests while avoiding unnecessary conflict.
Final Thoughts
When parents separate, deciding parenting arrangements can be one of the toughest challenges. If agreement isn’t possible, the family court steps in and makes decisions based on what is best for the child—not the parents. The court considers safety, relationships, practical arrangements, and many other factors before issuing parenting orders.
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