Child Custody and Shared Parenting Arrangements in Australia
When parents separate, decisions about the care of children are often the most emotionally difficult.
While many separated parents work things out between themselves or through mediation, some situations may need tailored legal support from a child custody lawyer. This can include:
- Disputes over where the child should live
- Allegations of risk or harm
- International travel or relocation
- Breakdown of an existing parenting plan or order
- Complex communication or high conflict situations
In these cases, a family lawyer can help you understand your rights, represent your interests, and assist with reaching workable parenting arrangements that meet legal standards and prioritise your child’s wellbeing.
Get in touch with us today
Call us now and one of our friendly team will help you book an initial consultation with one of our expert family lawyers.
Child custody matters are not just a strain on parents. When a marriage or relationship breaks down, it is a confusing and stressful time for children. Different kids will react in different ways depending on their age, personality, and how their parents interact with them and each other.
Hayley Cunningham – Accredited Specialist (Family Law)
What is Child Custody?
In Australia, the term “child custody” is not used in the legal system. Instead, the law focuses on “parental responsibility” and “living arrangements”. The goal is always to support the best interests of the child, and the law encourages parents to reach agreements that work for their family, but if that’s not possible, then Court proceedings may be necessary.
When determining arrangements, the law considers:
The benefit to the child of having a meaningful relationship with both parents
The need to protect the child from harm
The practicality of shared care (e.g. distance between homes, work schedules)
Initial Consultation
Your first step is a confidential meeting with a family lawyer to understand your rights, obligations, and options. We assess your situation and outline the best path forward for your shared parenting arrangements.
Negotiations
Where possible, we support resolution through negotiation or family dispute resolution (mediation). This stage allows both parties to discuss parenting arrangements in a neutral setting, aiming to reach agreements that are in the child’s best interests. We can represent you during this process or provide advice behind the scenes.
Drafting and Filing
Once agreements are reached, we prepare the appropriate legal documents. This might include a Parenting Plan (for informal agreements) or Consent Orders (for legally binding arrangements filed with the Family Court). If agreement isn’t possible, we can help you initiate court proceedings and prepare the necessary documentation.
Enforcement
If parenting orders are breached or no longer workable, we assist with enforcement through the court or help you apply for changes. Our team remains available for follow-up advice as your child’s needs or family circumstances evolve, ensuring ongoing compliance and support where needed.
Reach out to us to schedule your initial consultation.
Contact UsCommon Questions About Child Custody in Australia
How is child custody handled in Australian family law?
In Australian law the term “custody” is not used. However, most people use the word “custody” in day-to-day conversation.
Child custody matters fall under the Commonwealth Family Law Act. The same laws for custody of children apply to all of Australia. There are not separate child custody laws in each state (however WA has its own Family Law Court and systems).
Who has the right to custody of a child?
Child custody is a matter of parental responsibility, not parental rights. The law with respect to child custody is concerned with the best interests of the child, not protecting the rights of the parents or other parties involved in the matter. Seeking custody of a child is not a case of exercising your rights. Instead, it is a matter of demonstrating that you are a person who can take on some or all the parental responsibilities for the child.
How does the Court decide who gets custody of a child?
The Court considers a range of factors when determining an appropriate custody arrangement for children, including:
- The wishes of the child themselves
- The age of the child
- The nature of the child’s current relationship with each parent
- Financial and lifestyle circumstances of the parents
- Any physical or mental health issues
- Any history of violence or drug abuse
What type of child custody can I get?
The Family Law Act refers to child custody arrangements as:
- Live with – who the child resides with. This is usually what people mean when they talk about “custody”.
- Spend time with – who the child spends time with separate to who they reside with. This is usually what people mean when they refer to “access” or “visitation”.
The most common outcome in a child custody matters is the biological parents come to an arrangement, either by agreement or by Court order. However, there is no single arrangement that applies to all child custody matters.
Custody of a child is also more than just who the child lives with or spends time with. Parental responsibilities also include having input into decisions that affect the child, such as where they go to school, travelling overseas, and medical decisions.
A child custody arrangement could be any one of:
- Full custody – a single parent has sole custody of the children.
- Shared custody – two parents have shared responsibility for the child. This can include living arrangements that range from the child primarily living with a single parent (common for babies and very young children), all the way to equal time living arrangements (more common with older children such as teenagers).
- Temporary custody – in urgent matters one parent, or another concerned person such as a grandparent, can apply for an interim order granting them temporary parental responsibility while the matter of long-term child custody is resolved.
Can I get custody if I am not the biological parent of a child?
Families come in all shapes and sizes. This means that parents can be married, de-facto, same sex, adoptive, and so on. Children can live in a family with their biological parents, or a blended family with step-parents and step-siblings, and a wide range of other situations as well. Therefore, a person who is not one of the biological parents of the child can apply for child custody, whether that be as a “live with” or a “spend time with” arrangement.
Do I need a child custody agreement or parenting plan?
A custody agreement for children can exist in many different forms.
Parents can have a verbal agreement between themselves for how the parental responsibilities are handled. This can be fine for short periods of time, for example at the beginning of an amicable separation. However, we recommend that a formal parenting plan be created for the long term.
A parenting plan is simply a written agreement between the parents. Parenting plans are not legally enforceable. In other words, if the other parent breaks the agreement, there are no direct consequences such as criminal charges or fines. However, if you do go before the Court to resolve your child custody matters, the parenting plan will be taken into consideration by the Court.
A parenting plan can be formalised as a legally binding agreement. To do this, the Court issues a consent order or parenting order. This can be as simple as the Court agreeing that the existing parenting plan is suitable, or the Court may issue its own orders after a trial or hearing.
What do I need to think about in a child custody arrangement?
There is no one-size-fits-all plan for child custody or co-parenting. The best plans will prioritise the needs of the child/children while also respecting the wishes of both parents.
Child custody mediation will involve discussions about numerous aspects of child custody and parenting arrangements. These include:
- Parenting time and/or visitation. Are the parents going to share custody of their child/children? How will this be determined and what are the options in these circumstances? How will parenting time be split or spent? Answering these difficult questions is one of the core purposes of child custody mediation.
- Child support. Will child support payments be a part of the child custody arrangement? While the priority of most parents is to figure out a plan for custody and parenting time, the financial side of the equation is vital to consider as well. We help you look at these matters objectively and aim to get a written agreement.
- Holiday plans. Whether custody is shared or not, parents often want to know precisely which holidays they will get to spend with their kids. Here, it is not only essential to consider each parent’s wishes, but also their work schedules, the child’s school calendar, logistical factors (such as travel time or distance) and more.
- Special occasions. Parents also want certainty about how special events such as birthdays, weddings, or Christmas Day are going to be handled. It’s important to have a plan in place to avoid last minute surprises.
As leading child custody lawyers in Brisbane, we can help you
What You Can Expect from Us as Your Family Lawyers in Brisbane
We understand that this can be a stressful time, and our team is here to provide you with access to many years of combined experience and a focus on an acceptable outcome.
Using our services, you can expect:
Clear, honest insights and advice from the moment you choose to engage our services. We waste no time in aiding our clients by laying out the facts and the various options you have for proceeding.
Robust representation before the courts when necessary. Though putting settlements in the hands of the court will tend to make orders within a predictable range of outcomes, having solicitors that understand the procedures and know how to argue in your favour is essential.
An advocate in your corner. During a divorce or separation, it can feel as though you’re in this alone. We work to ensure that you know you’re not; we are here to advocate for your best interests.
Let Our Team of Expert Family Lawyers Help with Your Child Custody Matter
If you are involved in a family law dispute and concerned about your rights and entitlements, we can help.
See What our Clients Have to Say About Our Family Law Services
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