The paramount consideration when determining future parenting arrangements for a child is what is in the child’s best interests. 

It is widely recognised that children generally benefit from having a meaningful relationship with both parents. However, this must be balanced against the potential risks of harm to the child, including psychological, physical, or emotional harm. The focus is on prioritising the child’s well-being and safety in making decisions about parenting arrangements.

In situations where court proceedings become necessary, our child custody experts are experienced and skilled advocates who will advocate for the best interests of your family. We understand the importance of presenting a strong case and will diligently work to protect your rights and secure the most favourable outcome for you and your children.

Parenting arrangements can be recorded in different ways. Here are the options:

1. Formal Agreement: It is not always necessary to have a formal agreement for the care arrangements. However, if desired, an agreement can be legally documented as parenting orders made by a court. These orders outline the specific arrangements for parenting and are enforceable by law.
2. Parenting Plan: Parenting arrangements can be recorded in a more informal manner through a parenting plan. This is a written agreement that sets out the arrangements for your child’s care, living arrangements, and other important aspects of parenting. While not legally binding, parenting plans serve as a useful reference for parents to follow and can be taken into consideration by the court if there is ever a dispute.

There are three important concepts to consider when it comes to child custody:

1. Parental Responsibility: The responsibility for making decisions about a child’s long-term care, welfare, and development. It includes decisions about their education, health, and religious upbringing.
2. Living Arrangements: Determining with whom the child primarily resides. This identifies the person or persons with whom the child lives on a day-to-day basis.
3. Time Spent with Others: Determining who the child spends time with, apart from the person they primarily reside with. It addresses the individuals the child has contact and spends time with, including the other parent, relatives, or significant individuals in their life.

These key concepts are crucial considerations when determining parenting arrangements and ensuring the best interests of the child are upheld.

When deciding on parenting arrangements, there are certain responsibilities that need to be determined, including:

1. Sharing Parental Responsibility: Deciding how both parents will share the responsibility of making important decisions for the child.
2. Living Arrangements: Deciding where the child will live most of the time.
3. Time and Communication: Establishing a schedule for the child to spend time with each parent and determining how they will communicate with each other.
4. Consultation: Setting up guidelines for how the parents will communicate with each other when making decisions about the child’s upbringing.
5. Financial Support: Making arrangements for the financial support and maintenance of the child.
6. Other Aspects: Addressing any other important matters related to the child’s care, well-being, and development.

These arrangements aim to provide clear guidance and structure, ensuring that both parents understand their responsibilities and that the child’s best interests are considered.

When making parenting orders, the court takes into account several factors:

1. Best Interests of the Child: The court prioritises the child’s best interests when making parenting orders. This involves assessing what arrangement would promote the child’s overall well-being and safety.
2. Equal Shared Parental Responsibility: The court begins with the presumption that it is in the child’s best interests for both parents to have equal shared parental responsibility. However, this presumption does not apply if there has been family violence or abuse.
3. Practicality of Equal Time or Substantial and Significant Time: If equal shared parental responsibility is deemed to be in the child’s best interests, the court then considers whether it is practical and suitable for the child to spend equal time with each parent. If an equal time arrangement is not feasible, the court considers an arrangement for the child to spend “substantial and significant time” with each parent.
4. Definition of Substantial and Significant Time: Substantial and significant time means that the child spends time with a parent on weekdays, weekends, and holidays. It allows the parent to be involved in the child’s daily routine and significant events, as well as enabling the child to participate in significant events of the parent.

It’s important to note that the court’s ultimate goal is to determine a parenting arrangement that is in the child’s best interests and takes into account their specific circumstances and needs.