Child-focused arrangements after separation

After separation, parents need practical arrangements for their children's care, time, education, health, communication and important decisions. Australian family law focuses on the best interests of each child; there is no automatic rule requiring equal time with each parent.

Summit Lawyers helps parents negotiate workable arrangements, prepare Parenting Plans and consent orders, and resolve contested or urgent parenting disputes.

The Best Interests of the Child

When making parenting orders, the Court treats the child's best interests as the paramount consideration. Relevant circumstances may include safety, developmental and cultural needs, the capacity of each proposed carer, the child's views, important relationships and any history or risk of family violence, abuse or neglect.

Parenting Plans and Consent Orders

A Parenting Plan is a written, signed and dated agreement that can address living arrangements, time with each parent, holidays, communication, education, healthcare, travel and changeovers. It provides flexibility but is not directly enforceable in the same way as a Court order.

Where parents agree, they may ask the Court to formalise their arrangements as consent orders. A Parenting Order is legally binding and may also be made on an interim, final or urgent basis when agreement cannot be reached.

Family Dispute Resolution

Before applying for parenting orders, parties are generally required to attempt Family Dispute Resolution and obtain the appropriate certificate. Exemptions may apply where the matter is urgent, there is family violence or child abuse or a relevant risk, a party cannot participate effectively, or another legal exemption applies.

Relocation and Overseas Travel

A parent should obtain advice before moving a child where the relocation may affect the child's relationship with another parent. Parenting arrangements may also need to address passports, written travel consent, itineraries, overseas communication and concerns that a child may not be returned.

Urgent and Contested Matters

Urgent Court action may be required where a child has been removed, may be taken overseas, or faces a risk of harm. We can advise on recovery orders, airport watchlist applications, supervised time, contravention proceedings and applications to change existing orders.

How We Can Help

◆ Negotiating parenting arrangements and preparing Parenting Plans

◆ Preparing consent orders and advising before mediation or Family Dispute Resolution

◆ Acting in interim, final and urgent parenting proceedings

◆ Assisting with relocation, recovery, passport, travel and airport watchlist matters

◆ Addressing family violence, safety concerns, supervised time and enforcement issues

Focused on Practical and Safe Arrangements

We work towards child-focused arrangements through negotiation where possible and provide clear Court representation when agreement cannot be reached or urgent protection is required.