Family Law - Parenting Arrangements for Children After Separation
Most separating parents make their own arrangements for parenting their children after their relationship ends. Where parents cannot agree about these arrangements or would like certainty about their future parenting arrangements, parents (or certain caregivers) can apply to the Court for parenting orders.
These orders will generally conver a range of issues, inlcuding the time a child is to spend with each person, and who is responsible for making decisions about major long-term issues. The Court must always make orders that are in the best interests of the child.
From May 2024, The Family Law Act includes changes to the law about:
- What a court must consider when determining what is in the child's best interests
- How separated parents are to make decisions about major long-term issues for their children.
What will the Court consider is in the best interests of my child?
The Court will consider 6 factors to decide what parentin arrangements will be in the best interests of your child.
These factors include:
- the safety of the child and people who care for the child (including any history of family violence and family violence orders)
- the child's views
- The developmental, psychological, emotional and cultural needs of the child
- the capacity of each person who will be responsible for the child to provide for the child's deveopmental, psychological, emotional and cultural needs
- 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)
- Anything else that is relevant to the particular circumstances of the child.
The information above is an excerp from Family Law Amendment Act 2023: Factsheet for Parents
NSW Government actions on coercive control
New law passed by NSW Parliament to outlaw coercive control in intimate partner relationship
In November 2022, the NSW Parliament passed the Crimes Legislation Amendment (Coercive Control) Act 2022- external sitelaunch (the Act). The Act was passed following the NSW Joint Select Committee on Coercive Control- external sitelaunch recommending a criminal offence of coercive control, and after detailed and public consultation on an exposure Draft Bill.
The Act makes coercive control in current and former intimate partner relationships a criminal offence. The offence occurs when an adult engages in a ‘course of conduct’ of abusive behaviour that is intended to coerce or control the other person (the coercive control offence). The offence commenced 1 July 2024. The Act also provides for a definition of domestic abuse in the Crimes (Domestic and Personal Violence) Act 2007- external sitelaunch, which commenced on 1 February 2024.
The above information was sourced from NSW Communities and Justice website
Download Fact Sheet for Legal Definition of Domestic Abuse
Decisions to be made if separating
Separation is emotional and difficult for all concerned. It's often hard to know whether the decisions you make now will be right for the long term.
When parents separate, there are several critical parenting decisions to consider, each designed to ensure stability and well-being for the child. Here are the most important areas, along with general references to family law guidelines:
- 1. Parental decision making and Living Arrangements: Determining where the child will primarily live is often the first step, as it provides stability in a child's daily routine. This decision can include factors such as how frequently the child will visit the other parent, whether both parents will have joint physical custody, or if one parent will be the primary caregiver. According to Australian family law, this decision must prioritize the best interests of the child over parental preferences.
- 2. Decision-Making Authority: Parents need to decide who will make major life decisions about the child’s education, medical care, and religious upbringing. In recent changes to Australian family law, the presumption of equal shared responsibility was removed, meaning courts no longer default to equal decision-making for both parents; instead, they focus on what is in the child’s best interest.
- 3. Education Choices: Education is a significant aspect of a child’s development, and separated parents need to decide on the school, extracurricular activities, and any special support a child might require. Family law generally advises that both parents should consult each other for long-term educational decisions, but the new legislation allows more flexibility in handling these decisions if conflict arises.
- 4. Healthcare and Medical Decisions: Parents must address who will be responsible for medical decisions, including preventive healthcare, emergency care, and any ongoing medical treatments. For children with specific health needs, this can be an essential part of a parenting agreement. Courts often see the need to clarify decision-making on medical issues to avoid disputes that could endanger the child’s well-being.
- 5. Cultural and Religious Practices: Many separated parents consider cultural upbringing an important aspect of a child’s development. Australian family law particularly emphasizes the need for Indigenous children to maintain connections with their culture, a reflection of broader societal values in protecting cultural heritage.
- 6. Child Maintenance and Financial Support: Determining financial support is essential to ensure that a child’s needs are met regardless of parental separation. Family law often requires that parents create a formal financial arrangement or court order to cover schooling, housing, medical expenses, and other costs related to the child’s upbringing.
- 7. Communication and Conflict Resolution: Establishing clear channels for communication and a framework for resolving disputes is crucial for co-parenting success. Many family law advisors suggest a written agreement that includes conflict resolution mechanisms, as these help reduce stress on both parents and children during times of disagreement.
Making these decisions thoughtfully can help foster a stable environment for children and reduce conflict between parents. Many resources, including Family Dispute Resolution Practitioners and family counselling services, provide support in developing co-parenting plans that account for each child’s unique needs.
Information on Parenting Plans: North Shore Family Mediation