Fact Sheet

Parenting After Separation

When parents separate their relationship as parents continues long after their relationship as partners has ended. This fact sheet provides information about negotiating arrangements for your children after separation.

Parenting Plans

Many separating parents negotiate informal arrangements for their children by themselves. “Parenting plans” can be verbal or written up into a document signed by both parents. Although flexible, these agreements are not formally recognised by law and may not be recognised by government agencies such as the Police, the Child Support Agency or Centrelink.

Consent Orders

Parents who can agree but want legally enforceable arrangements, may apply to the Court for Consent Orders. However, even though the parents agree, the Court may refuse to make the requested Orders because they are not in the child’s best interests. Similarly, badly worded Consent Orders can lead to disputes about their interpretation. If you are considering filing an Application for Consent Orders you should seek legal advice about your proposed Orders to ensure that they are drafted correctly.

Best Interests of the Child

The “best interests of the child” are set out in section 60CC of the Family Law Act 1975 and are used by the Court as a framework to assess proposed Parenting Orders. Each party to a parenting case must provide evidence about why their proposed Parenting Orders are in the child’s best interests and better than competing proposals put forward by other parties.

Shared Parental Responsibility

Separated parents are presumed to have equal shared parental responsibility for their children’s long term care welfare and development. Parents are expected to consult each other and make joint decisions about big issues such as schooling and religious upbringing. If they can’t agree, parents must attempt mediation and if that fails, they may apply to the Court for a determination. Both parents have equal shared parental responsibility even if the child “lives with” one parent and “spends time” with the other. Orders for “Sole Parental Responsibility” are made when one of the parents does not have the capacity or ability to make decisions (eg in a coma or overseas). Each parent or caregiver also has day-to-day parental responsibility for decisions about the care and welfare of their child when she or he is in their care (eg bedtimes, chores etc). 

Shared Care

In this arrangement also called “50:50 shared care” the child spends equal time with each parent. Under the Family Law Act judicial officers must consider whether “shared care” is in the best interests of the child given their particular family situation. In most separated families children “live with” one of their parents and “spend substantial or significant time” with their other parent.

Family Dispute Resolution

All new Applicants for Parenting Orders must attempt Family Dispute Resolution (“FDR”) or mediation before going to Court. After mediation each party is issued with a section 60I certificate. If mediation has not settled all the issues, either parent can file an Application for Final Orders which must include a copy of their section 60I certificate. 

Going to Court

At King Street Lawyers we see Court as a last resort and we generally explore settlement options first. Sometimes parents are unable to agree on arrangements for their children and they have to go to Court. Depending on the complexity of the matter, the parties may be required to attend Court for a number of different events including meetings with a Family Consultant, Case Assessment Conferences, Directions Hearings, Interim Hearings and the Final Hearing.

How can we help?

King Street Lawyers can assist you in understanding your rights and responsibilities as a parent or caregiver. We can also help you with various family law issues including:

Step-parenting
Grandparents’ rights
Adoption, IVF and surrogacy
Child support
Pre-nuptial agreements
De facto relationships
Same-sex relationsips
Property Settlements
Divorce
Wills and Estates

Contact us

Our office is located at 37 King St, Newcastle around the corner from the Family Law Court. Phone: (02) 4929 3995 or Fax: (02) 4929 2099 or Email: enquiries@kingstreetlawyers.com.au

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