Parenting Arrangements
Parenting arrangements cover the practical questions after separation: where your children live, the time they spend with each parent and how decisions about their upbringing are made. We advise on those arrangements and help you put any agreement in writing. If you cannot agree, we can negotiate on your behalf and represent you in court where needed.
Working out the arrangements
The arrangements need to cover ordinary weeks as well as holidays and special occasions. That includes school routines, how changeovers work, and how the children communicate with each parent when they are apart.
The law does not require equal time with each parent. What matters is the children’s best interests: their safety, their individual needs and views, and their relationships with parents and other important people where those relationships are safe. The safety of those caring for the children, and any history of family violence, abuse or neglect, must also be considered.
Making decisions
Parenting arrangements also need to address major long-term decisions, including schooling, health, and religious or cultural upbringing. A court can give one parent responsibility for particular decisions or require parents to make them jointly.
Where joint decision-making is ordered, parents must consult each other and make a genuine effort to reach a decision together, unless the order says otherwise. Day-to-day decisions are generally made by the parent caring for the child, subject to any court orders.
Parenting plan or consent orders
A parenting plan is a written, signed and dated agreement. It records the arrangements you have reached, but it is not legally enforceable. A court may take it into account if there is a later dispute.
Consent orders turn the agreed arrangements into enforceable court orders. The court must be satisfied that the arrangements are in the children’s best interests before making the orders.
We can advise on which is appropriate and prepare the documents.
If you cannot agree
Family dispute resolution is mediation with an independent, registered practitioner. Parents are generally required to attempt it before starting court proceedings about their children.
A court application usually needs a section 60I certificate from the practitioner. You can ask the court for an exemption in circumstances such as family violence, child abuse or urgency, or if you cannot participate effectively.
We can advise on the steps that apply to your circumstances and prepare your case if court proceedings are needed.
Relocation
Moving with a child to another town, state or country can affect the existing parenting arrangements. If you or the other parent are considering a move, take advice before plans are settled.
Any existing court orders need to be checked. If you cannot agree about a proposed move, an application to the court may be needed.
If you are concerned that your child may be moved without your consent, seek advice promptly. It may be possible to apply for urgent orders to prevent the move, or to seek the child’s return if they have already been moved.
“When I first met Anna and the team at PWB Lawyers, they made me feel at ease straight away. They listened, cared, and understood my needs and wishes for my child. Throughout the process, I found their communication clear and concise, and when I had any doubts, they explained in more detail. I wouldn't hesitate to recommend PWB Lawyers.”
Mel — Client
Common Questions
There is no rule that children live with one parent over the other, or that their time must be divided equally. The children’s best interests come first, including their safety, needs and views, and relationships with parents and other important people where those relationships are safe. Practical matters such as school, travel and each parent’s ability to provide care also need attention. Our parenting guide explains how arrangements can be worked out and recorded.
A parenting plan is a voluntary written agreement, signed and dated by the parents. It records the arrangements but is not legally enforceable. Consent orders are made by the court and are legally binding and enforceable, even though the parents agree on their terms. If orders already exist, get advice before signing a later parenting plan, because it can affect how the orders operate. Our parenting guide explains both options.
Usually, you need a section 60I certificate from a family dispute resolution practitioner before starting contested parenting proceedings. There are exceptions, including urgency, family violence and child abuse or risk of abuse. A practitioner can also issue a certificate where mediation is inappropriate or another person refuses to participate. You do not need to attempt mediation before seeking legal advice. Our parenting guide explains dispute resolution and when an exemption may apply.
Take advice before committing to a move that would affect your children’s time with the other parent. This can include moving within Tasmania as well as interstate or overseas. Existing orders need to be checked, and court permission may be needed if agreement cannot be reached. Moving without agreement or an authorising order can lead to an order for the child’s return. Our parenting guide covers relocation and travel.
If relevant parenting orders are in force, or parenting proceedings are underway, taking a child out of Australia generally requires an authorising court order or authenticated written consent from every other party. The consent must meet formal signing and witnessing requirements; do not assume a text message is enough. Taking the child without the required permission, or keeping them overseas beyond the permitted period, can be a criminal offence. A passport does not itself give permission for a trip. Check the travel requirements before booking.
