Divorce doesn’t just end a marriage—it also changes how families live day to day. If you have children under 18, you’ll need to make arrangements for their care, including where they live, how much time they spend with each parent, and who makes decisions for them.
This guide explains how parenting arrangements work under Australian family law, and what the court expects parents to do when they separate.
Parenting Comes First
In Australia, the law puts the best interests of the child above everything else. This is the guiding principle in any parenting matter—whether parents agree or the court gets involved.
That means your personal preferences or conflicts with your ex come second to what’s best for your kids’ safety, wellbeing, and stability.
Do I Need a Formal Agreement?
Not always. You and your ex can make a parenting plan yourselves—something written, signed, and dated that sets out your agreed arrangements.
If you want something legally binding, you can apply for consent orders in court (without going to a hearing), or you may end up with parenting orders issued by a judge if you can’t agree.
What Do Parenting Arrangements Cover?
These arrangements typically include:
Who the children live with
How much time they spend with each parent
How birthdays, holidays, and special events are shared
How decisions are made about schooling, health, religion, etc.
Shared Parental Responsibility
Australian law assumes both parents will share parental responsibility—meaning they both have a say in major long-term decisions.
But this doesn’t always mean a 50/50 split of time. Parenting arrangements depend on what’s practical and safe for your children.
What If We Can’t Agree?
Before going to court, you’ll usually need to attend Family Dispute Resolution (FDR)—a form of mediation designed to help parents come to an agreement.
If that doesn’t work, you can apply to the Family Court for parenting orders. The court will consider:
The children’s views (depending on age and maturity)
Their relationship with each parent
Whether there’s any risk of harm, neglect, or family violence
Practical matters like schooling, distance, routines
Example
Megan and Josh have two young children. After their separation, they used Family Dispute Resolution to create a parenting plan. The kids now live with Megan during the school week and stay with Josh every second weekend and during school holidays. They’ve also agreed on schooling and healthcare decisions together.
What About Child Support?
Parenting arrangements and child support are two different things. Child support is usually handled through Services Australia, based on income and time spent with each parent.
Even if you share parenting equally, one parent may still need to pay child support depending on their financial situation.
