What is a parenting arrangement?

29 November 2022 in Family and Divorce Law

Divorce can be a distressing and confusing time for children. That’s why devising a clear and comprehensive parenting arrangement is one of the most important things separating parents can do.

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:

• How often children will spend time with each parent
• Where children will live
• How communication and decision-making will occur between parents
• 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 paramount to make decisions that are in the best interests of the child.

At a minimum, arrangements must ensure:

• Children live in a safe environment, with no violence or abuse
• Children maintain a loving and meaningful relationship with both parents
• Both parents share responsibility for the child

These are the ‘primary considerations’ for determining a child’s best interests under Part VII of the Family Law Act 1975 (The Act).

According to the Act, all disputes involving children that enter the Court must have their 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.

Some common types of arrangements include:

• Alternate Weeks Shared Custody – involves children living with one parent during the week before swapping with the other parent for the next
• Alternate Weeks with a Visit Shared Custody – involves alternating weeks, but with an arranged visit from the other parent each week
• Alternate Weekend Shared Custody – involves children living with one parent on the alternate weekend, but not during the week
• School Holidays – involves children living with one parent during the school term and the other during school holidays (typically when parents live far apart)
• 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 recommended you seek legal advice prior.

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.

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. This can be a long, complex and expensive process and should only be considered when there is no chance of reaching an agreement via a consent order.

Making parenting arrangements can be complex and overwhelming. Our lawyers are highly experienced in parenting and custody matters and are here to offer advice, negotiate arrangements on your behalf or represent you in court, saving you time, stress and energy.