What is a parenting arrangement?

25 August 2025 in Family and Divorce Law | 5 min read | skip to FAQs

Divorce can be a distressing and confusing time for children. Drafting a clear and comprehensive parenting arrangement is one of the most important things separating parents can do to ease the distress for their children.

What is a Parenting Arrangement?

A parenting arrangement (also known as a custody arrangement) outlines how children will be cared for when their parents separate. The agreement should contain a range of information, including:

1. How often children will spend time with each parent
2. Where children will live
3. How communication and decision-making will occur between parents
4. How parents will share responsibility

Every family is unique, and the arrangements that work for your family might not work for others. Whichever kind of arrangement you make, it is essential to make decisions that are in the best interests of the child. According to the Family Law Act, all disputes involving children that enter the Court must have the children’s best interests as the top priority. The Act gives guidelines for how the Court should assess these best interests, however, the court has the discretion to take into account any other information it deems relevant.

Common types of Arrangements

1. Alternate Weeks Shared Custody – involves children living with one parent during the week before swapping with the other parent for the next
2. Alternate Weeks with a Visit Shared Custody – involves alternating weeks, but with an arranged visit from the other parent each week
3. Alternate Weekend Shared Custody – involves children living with one parent on the alternate weekend, but not during the week
4. School Holidays – involves children living with one parent during the school term and the other during school holidays (typically when parents live far apart)
5. Rotating Schedules – involves children alternating parents every few days

Types of parenting agreements

Parents are encouraged under Australian law to reach an agreement on their own, where it is safe to do so. If you are unable to reach an agreement, the court may need to make decisions for you. There are four main types of parenting arrangements:

Informal arrangements

This is an oral agreement made between parents about the arrangements they wish to make for their children. These are informal and therefore not legally binding.

Parenting plans

This is a written agreement created jointly by parents that outlines parenting arrangements for children. While you do not need to go court to enter into a parenting plan, it is highly recommended that you seek legal advice from an experienced family and parenting lawyer prior to formalising a written agreement.

Consent orders

This is a legally-binding written agreement created jointly by parents that outlines parenting arrangements for children. Parties can apply to the Federal Circuit and Family Court of Australia (FCFOA) to make consent orders. It is highly recommended that you seek the advice of an experienced family and parenting lawyer prior to creating and submitting consent orders.

Parenting orders

This is a parenting arrangement decided by the Court when parents cannot come to their own agreement and family dispute resolution has been unsuccessful. Parties can apply to the FCFOA for a parenting order. A court must review the evidence, such as documents, witness statements and expert reports, to assist them in reaching a decision.

The effect of the 2024 Family Law Changes on Parenting Arrangements

1. The Implementation of a Joint Decision making Regime

Prior to 2024, there was a presumption within family law that allowed for equal shared parental responsibility, especially in relation to long term decision making for a child. This presumed that a child’s best interests were met by equal parent shared responsibility. This is different from equal time, in that it includes involvement in making decisions regarding major long-term issues such as education, cultural exposure, health, naming or religious decisions.

The amendments made in May 2024 in family law moved away from this presumption and instead implemented a joint decision making regime. This aims to encourage parents to consult with each other to attempt joint decisions in relation to long-term issues concerning their child.

The goal of this new method is to ensure that both parents maintain an involved role in the impactful parts of their child’s life, even if they are separated. This stems from the belief that it is in the child’s best interests for both parents to be involved in their upbringing.

This change involves eliminating the Goode Pathway.

Under the previous regime of equal shared parental responsibility, the Court used the Goode Pathway which involved considering the following, in order:

1. Equal Shared Parental Responsibility;
2. Equal time;
3. Substantial and significant time.

2. Changes to the Best Interests of the Child Requirement

The legislative changes in the Family Law Act in 2024 also had a significant effect on how the court determines the best interests of the child when making a parenting order. The guidelines in the Family Law Act prior to the amendments in 2024 were considered unnecessarily complex and were therefore streamlined.

Since May 2024, the Court considers 7 main factors in deciding what arrangements will be in the best interests of the child. These factors include:

1. the safety of the child and people who care for the child (including any history of family violence and family violence orders);
2. the child’s views;
3. the developmental, psychological, emotional and cultural needs of the child;
4. the capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
5. the benefit to the child of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings);
6. anything else that is relevant to the particular circumstances of the child; and
7. If the Court is making orders about an aboriginal and/or Torres Strait Islander child, the court will also consider how parenting arrangements will help that child to experience their aboriginal and Torres Strait Islander culture.

How can BSM Sydney Lawyers assist you?

Making parenting arrangements can be complex and overwhelming. The family lawyers at BSM Sydney Lawyers are highly experienced in parenting and custody matters and are here to offer advice, negotiate arrangements on your behalf and represent you in court. We strive to use negotiation and mediation, trying hard to avoid costly and time consuming litigation. Over 95% of the divorces that we manage are settle without going to court. We achieve the same rate in the negotiation of parenting agreements. Brander Smith McKnight senior family lawyers provide a free 20 minute consultation.

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BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.