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Children’s &
Parenting Arrangements
Reaching an agreement on parenting arrangements after separation can be challenging, especially when emotions are high. However, focusing on what’s best for the children is essential, and ensuring their needs are met should always come first.
At Seacliff Family Law, we provide practical, compassionate advice on parenting and child custody matters. Supporting families throughout Wollongong, Sutherland, Macarthur, the Southern Highlands and greater Sydney, our team will help you understand your legal options and guide you through every stage of the process with clarity and care.
Parenting and Child Custody Arrangements: What You Need to Know
When determining the best living situation for your child, parenting arrangements become crucial. These customised plans prioritise your child's wellbeing and can be tailored to fit your family's circumstances. From daily routines to special events, school breaks, and travel, every aspect of your child's life can be considered.
You have options for formalising parenting arrangements, including informal agreements, written parenting plans, or court orders. While some parents can navigate co-parenting without formal documentation, having clear guidelines in place can minimise disputes and foster a more harmonious relationship.
The good news is that you don't necessarily need to go to court to establish a parenting agreement. Our experienced team can help you negotiate a mutually beneficial arrangement with your co-parent. If an agreement can't be reached, the court can provide guidance.
A well-considered parenting arrangement reviews your child's age, needs, and development, promoting healthy relationships with both parents. If you're unsure about the best approach for your family, consulting with a knowledgeable child custody lawyer can provide valuable insights and direction.
What is Child Custody?
In Australia, the term "parenting arrangements" is used to describe the living and care arrangements for children, including how much time they spend with each parent. Although many people still refer to "child custody," this term is no longer used in the Family Law Courts. Our child custody lawyers can help you understand your options and work towards a suitable arrangement that meets your child's needs.
What is Parental Responsibility?
Parental responsibility means the legal duties, powers, and decisions parents can make about their child’s care and development. It is different from child custody arrangements or how much time a child spends with each parent.
By law, both parents have parental responsibility until a child turns 18, unless a court decides otherwise. This applies whether the parents are together, separated, or have never been in a relationship.
If you want both parents to be legally required to make joint decisions about major long-term matters—such as education, health, religion, or living arrangements—you may consider seeking an order for equal shared parental responsibility. This ensures important choices are made together.
In some cases, one parent may need to apply for sole parental responsibility. This means they can make key decisions for the child without needing the other parent’s agreement. It’s important to note this relates only to decision-making, not to who the child lives with or spends time with.
If you are unsure about your options, a child custody lawyer can help you understand what might work best in your circumstances.
We're here to support you through the complexities of parenting arrangements after separation.
DOMESTIC VIOLENCE
The safety and security of the child is paramount in parenting arrangements. Family and domestic violence must be taken seriously, and protective measures may be necessary to prevent harm. If you're affected by domestic violence, we can help connect you with support services and professionals to ensure the child's well-being and your own.
PARENTAL ALIENATION
Parental alienation happens when one parent influences the child to reject the other parent. This can seriously affect a child’s emotional well-being and harm the relationship with the rejected parent. Resolving parental alienation can be complex and usually requires professional help to ensure the child’s best interests are met.
RELOCATION
Relocation issues arise when one parent wants to move with the child away from the other parent. Ideally, before relocating, the parent should seek the other parent’s agreement or obtain permission from the court. Unfortunately, this doesn’t always happen, and a parent may relocate without your knowledge or consent.
If you are considering relocating with your child, or if the other parent has already moved without your consent, it’s important to seek expert family law advice straight away. The Court can allow or prevent a parent from relocating with a child, and it can also order the return of a child if they have already been relocated. Time is often critical in these situations, as it can impact the outcome of your case.
In relocation matters, the Court will always consider what is in the child’s best interests. Key factors typically include the reason for the relocation, the child’s relationship with each parent, and how the move would affect the child.
DRUG & ALCOHOL USE
If there are allegations of drug or alcohol use, the Court will assess how this may impact a parent’s ability to care for the child. This will take into account the type of substance used, how often it is used, the behaviour when under the influence, and any treatment or management plans in place. The Court will also consider how drug or alcohol use may intersect with other issues, such as mental health or family violence, to ensure the child’s safety and well-being.
Why Choose Seacliff Family Law for Children’s matters?
Seacliff Family Law is led by Ashleigh Wisbey, an accredited family law specialist with more than a decade of experience in the field. With her extensive knowledge of family law, Ashleigh can provide the guidance and support you need to navigate the legal system confidently. She leads a skilled team with the same values and commitment to supporting clients during difficult times.
We understand that every family is unique and that clients come to us with their circumstances and challenges. That’s why we provide compassionate and empathetic legal support tailored to your needs. We take the time to listen to our clients, understand their concerns and priorities, and work with them to find the best possible solution. We are with you every step of the way, offering the support and reassurance you need to make informed decisions about your future.
Our professional team prides itself on providing personalised and dedicated support to each and every client who comes through our doors. We understand that you need more than just legal guidance; you need someone who can listen to your concerns, offer advice and support, and help you confidently move forward. We work closely with our clients, keeping them informed every step of the way and taking the time to answer any questions or concerns they may have.
Frequently Asked Questions
Who will have custody of the child?
There is no set rule or law as to which parent gets custody of the children. Which parent the children live with will depend on what is in the children’s best interests. To determine this the two primary considerations are the benefit to the children in having a meaningful relationship with both parents and the need to protect children from physical and psychological harm. The need to protect from harm takes priority.
What happens if i move away from the area?
It depends on many factors including how much care you have of the children and the distance you have or are planning to move. For example, it is unlikely anything would happen if you moved 20 minutes away. This is very different however to relocating hours away or interstate. If you relocate with the children without the other parent’s permission or an Order allowing the relocation, your ex can apply to the Court for an urgent order for you to return with the children. It is strongly recommended that you obtain tailored legal advice to your circumstances before you make any major decisions.
What happens when my child turns 18 years old?
Parenting orders are only in place for children, that is until a child reaches 18 years of age. Once a child is 18 they are an adult and free to make their own decisions regarding the time they spend with and relationship they have with each parent or other important persons.
How often will I be able to visit my child if my ex-partner has custody?
That will depend on what arrangements are put in place with your ex-partner. If you are having difficulty coming to an agreement with your ex about when you see your children, or there is a lot of inconsistency with when you are able to spend time with them we recommend that you obtain expert legal advice at the earliest available opportunity. Generally speaking having a plan in place in relation to care of the children can greatly assist with reducing conflict in the co-parenting relationship.
WHEN CAN MY CHILD DECIDE WHO THEY WANT TO LIVE WITH?
Contrary to popular believe, there is no set age that a child gets to decide what parent they live with or how much time they spend with the other parent. A child’s views or wishes is just one of many factors taken into account by a Court deciding what parenting orders to make. It is not the primary consideration. When looking at a child’s wishes, the Court will consider the level of maturity, insight and understanding in determining how much weight to attribute to those wishes. It will be relevant, for example, if those wishes are genuine or have been influenced or coerced by a parent.
Seacliff Family Law seeks to untangle the complexities of:
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Bringing an end to the marriage
De facto relationships
International family law
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Dividing assets and finances including superannuation
Spousal maintenance
Financial agreements (prenuptial agreements)
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Live with and spend time with arrangements for the kids (child custody)
Parental responsibility
Recovery & location orders
Relocation issues
Domestic violence
Abuse & risk issues
Parental alienation
Grandparents and other people important to the children
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