How to set up a private child support agreement in 5 easy steps
When you’re considering divorcing or separating with children, one of the things you’ll be most concerned about is their wellbeing throughout the process.
Australian Family Lawyers
What you need to know about child custody in Australia
Book a free consultation with child custody specialistWorking out child custody arrangements is often one of the most complicated and difficult parts of a divorce or separation. While you want the best outcomes for your children, working with your ex-partner to agree on custody can be tough. But we know getting it right is important to you.
Our compassionate team is here to support you every step of the way. If your questions aren’t answered here, get in touch with our team for a free initial consultation. We’re on hand and ready to help.
Parental responsibility vs custody
It is important to note that while child custody is a common term, this term is not specifically used in Family Law in Australia. Instead, the ongoing care of children is referred to as ‘parental responsibility’ and is the central tenet of Australian Family Law. And setting those responsibilities out in the case of divorce or separation is typically referred to as ‘parenting arrangements’.
The legal framework in Australia is set up to ensure the best interests of your child. When you have parental responsibility ,you are responsible for making the long-term decisions that relate your child. These are generally things like schooling decisions, living arrangements, medical treatments and religious upbringing.
Absent any court orders giving one parent sole parental responsibility, both parents, whether married, divorced or separated, have shared parental responsibility for their children.
Spend time with / live with arrangements
One of the most important parts in child custody matters is who your child will spend time with or live with. Often parents believe that because they have shared parental responsibility, that means that they have the right to equal time with their children. But this is not always true.
Living arrangements are separate to decision-making responsibilities and will either need to be agreed to by you and your ex and set out in your parenting agreements or be determined by court order.
Types of parenting arrangements
Parenting arrangements are just the agreement that sets out the care of your children when you separate or divorce. It can be written or oral. You can set these arrangements in a variety of ways:
- Oral parenting agreement. If you agree with your ex on the care of your children, there is no requirement that it be in writing. However, it is always good to put these arrangements into writing so there is no confusion and you have a written record should anything change or go wrong. This agreement, however, is not enforceable.
- Parenting plans. Parenting plans are a written form of your parenting arrangements. Typically this is the agreement that you’ve made with your ex, that you simply set in writing. There are no formal requirements for a parenting plan, and as it doesn’t involve the courts, it is generally cheaper and less stressful. However, it is also not binding.
- Parenting orders. If you aren’t able to agree on the arrangements for the care of your children, or you want something enforceable, you will need to go the Court to determine the appropriate parenting arrangements. The Court will be focused on creating arrangements that are in the best interests of the child and consider a variety of factors to help them determine that. These will be binding and enforceable in Court.
The role of mediation and family dispute resolution
There are a lot of benefits to using mediation and other types of family dispute resolution in Family Law cases, and in particular, with child custody and parenting arrangements. Most importantly, these types of services can help you resolve disputes and come to agreements in a less combative way.
Using family dispute resolution is also a step that the Court will require you to undertake before you are permitted to make any application with the Court (with a few exceptions).
Types of family dispute resolution
- Mediation
- Conciliation
- Arbitration
How to get started with formalising parenting and child care arrangements
Speak with an expert family lawyer
When going through a separation, it’s extremely helpful to have a family lawyer on your side from the start. A family lawyer will assist you in identifying your rights and responsibilities in seeking custody, and can advocate for you throughout your separation. Contact our compassionate and caring team and let us help you get through this.
Come to an agreement with your ex on the care of your children
If you’re able to come to an agreement with your ex on the care of your children, this may be sufficient to move forward with your divorce or separation.
However, it’s always a better idea to have these agreements put into writing with the help of a family law expert. This then means you have it to fall back on if things don’t continue forward the way you would like.
Attend mediation or family dispute resolution
If you aren’t able to come to an agreement with your ex, you’ll need to seek help. Your first stop is to attend some form of family dispute resolution, such as mediation or arbitration. This is a great idea to help you come to an agreement, but it’s also a requirement before you can seek the input of the court, We can represent you at a family dispute conference to ensure your rights are protected. Read more about mediation for families in Australia.
Agree on your parenting arrangements
If you reach a decision on how to care for your children at your conference, you can formalise this agreement through a written parenting plan. Alternatively, you can seek a formal court-ordered consent order.
A parenting plan is not a court order, While it outlines obligations there are no legal consequences for breaking itand is not enforceable. Parenting orders are court orders, which means that if one party breaks their reqirements the other party may take them to Court.
If you cannot agree on arrangements about your children even after attending family dispute resolution, you can apply for a parenting order. This is a Court-ordered direction for how children must be cared for after a separation. Once the Court has made a parenting order, each person affected by the order must adhere to it.
We fight for your child custody & parenting rights
Child custody and parenting arrangements are among the most emotionally charged matters. But it’s harder when you go it alone.
If you’re ending a relationship or thinking about ending one we’re here to provide straightforward and vital legal advice. As child custody lawyers, we’re here to protect your rights and ensure your child achieves an outcome that is in their best interests.
Commonly asked questions about child custody
The court will always make decisions about parenting arrangements based on what is best for the children. Many separated parents can successfully decide how to parent their children based on discussions and compromise. But if the court does make a decision, it will consider what is in the best interests of the child in accordance with the Family Law Act. This decision may not be what you or your ex-partner might prefer, but it will consider the child’s needs above all else.
When parents separate, each parent continues to have parental responsibility. This means that each parent is responsible for decisions about long-term issues such as education, healthcare, religion, lifestyle, and financial support. However, simply because you have parental responsibility does not necessarily mean you will receive equal time or even any time with your child. It may be in the best interests of the children to spend most of their time with one parent and see the other parent on weekends or at another arranged time. Again, this comes down to what is in the child’s best interests.
You can commence the process of applying for custody of your child as soon as you have separated from your partner. It is important to obtain legal advice when applying for custody. A lawyer provides support and understanding an emotionally difficult time.
Relevant Free Resources
Read more about child custody arrangements in Australia:
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A parents’ guide to child support in Australia
Whether you’re paying or receiving, child support payments are a major concern for people going through a separation or divorce with a child. In Australia, it’s expected that both parents have an obligation to financially support their children after a separation or divorce.
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Family law & school: Parental separation & schooling legal guide
If you’re in the midst of a separation, agreeing on the best schooling option for your child can be challenging. However, getting the right information and legal advice on family law and school can help.
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What are the mother vs father custody statistics in Australia?
In family law, we see the effects of separation every day. It is more than a legal issue; it is a symptom of a complex interpersonal scenario unfolding in our clients’ lives. It can mean heartbreak, conflict, or liberation, but it always means a fundamental change for parents and children alike.
About Australian Family Lawyers
We are a team of dedicated family lawyers with experience negotiating on behalf of our clients in a range of divorce, separation, parenting, property, and child support matters. You can rely on our support and representation as you go through you separation and trust that we will achieve the best possible outcome in your matter.
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