When a relationship ends and children are involved, reaching fair and workable parenting arrangements is one of the most important — and often most emotionally challenging — tasks separating parents face. Here is an overview of how parenting matters work under Australian family law.
The Overriding Principle: Best Interests of the Child
Every decision made about children in the family law system — whether by agreement or by a court — must be guided by the best interests of the child. This is the paramount consideration. The court looks at a range of factors including:
- The benefit to the child of having a meaningful relationship with both parents
- The need to protect the child from harm, abuse, neglect, or family violence
- The child's own views (taking into account their age and maturity)
- Each parent's capacity to provide for the child's physical, emotional, and intellectual needs
- The practical difficulty and expense of the child spending time with each parent
- The child's relationship with each parent and other significant people
Do Parents Have Equal Rights?
There is often confusion about this. The concept of "equal shared parental responsibility" — where both parents have joint decision-making authority about major long-term issues — was a feature of the Family Law Act for many years. Recent legislative reforms in 2024 changed this approach, moving away from a presumption of equal shared parental responsibility and instead focusing more directly on what arrangement best serves the child's interests in each individual case.
How Are Parenting Arrangements Made?
There are several ways parenting arrangements can be established:
Informal Agreement
Many separated parents reach informal arrangements without any legal formality. While this is the simplest approach, informal arrangements have no legal enforceability and can be difficult to rely on if the other party changes their mind.
Parenting Plan
A parenting plan is a written agreement signed by both parents that sets out parenting arrangements. It is not a court order and cannot be enforced — but it evidences what was agreed and can be presented to a court if needed.
Consent Orders
Consent orders are the most practical option for most separating parents. They are agreed upon by both parties but then approved by the Family Court, making them legally binding and enforceable. A parent who breaches consent orders can face court proceedings and penalties.
Court Orders
Where parents cannot agree, either party can apply to the Federal Circuit and Family Court of Australia for parenting orders. Before filing, most parents are required to attempt Family Dispute Resolution (mediation). Court is generally a last resort — it is slower, more expensive, and more adversarial than reaching an agreement.
What Is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a form of mediation specifically designed for separating families. A registered FDR practitioner helps both parents focus on the children's needs and reach workable arrangements without resorting to court. Shanthi Anandarajah at James Papas Solicitors is an accredited Family Dispute Resolution Practitioner — meaning we can provide this service directly, often resulting in faster, less costly, and less adversarial outcomes.
What About Relocation?
If one parent wants to move to a different city, state, or country with the children, this is a relocation matter — and it is one of the most contested areas of family law. A parent generally cannot relocate with the children without the other parent's consent or a court order. Courts take relocation applications seriously and carefully weigh the impact on the child's relationship with the remaining parent.
Getting Help
Parenting matters are deeply personal and emotionally charged. We approach family law matters with compassion and sensitivity, always keeping the focus on practical, workable outcomes for children and families. Your first consultation is free and confidential. Shanthi Anandarajah conducts consultations in English and Tamil. Call us on (02) 9633 3122.
Need legal advice? James Papas Solicitors offers free first consultations for all Family Law matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Family Law services → or contact us today.