Relationships
in Australia.

When a relationship ends, one of the biggest questions is: “What happens with the kids?”

In Australia, the law focuses on what’s best for the child—not who’s right or wrong. Whether you were married or in a de facto relationship, both parents have ongoing responsibilities after separation.

Here’s what you need to know about parenting after a breakup—without the legal jargon.

Who Makes the Decisions?

Both parents share parental responsibility—unless the Court decides otherwise. That means you both have a say in:

• Education

• Health

• Religion

• Major life decisions

This stays the same even after separation—unless there’s violence, abuse, or a court order in place.

Where Will the Children Live?

There’s no rule that says children must live with one parent more than the other. It depends on:

• What works for the child

• School, routine, and comfort

• The ability of each parent to provide care

• The child’s relationship with each parent

Many families work out shared care, week-on/week-off, or one parent during the week and the other on weekends.

Example

After separating, Zoe and Matt agreed that their two kids would live with Zoe during the school week and spend weekends with Matt. They shared school holidays equally and used a co-parenting app to track schedules. No lawyers or court involved—just a clear, workable agreement.

Do You Need to Go to Court?

Not usually. Most parenting matters are settled:

• Privately between the parents

• With help from Family Dispute Resolution (FDR)

• Or through a written parenting plan

If that doesn’t work, you can apply to the Family Court, but this is usually the last resort.

What’s a Parenting Plan?

A parenting plan is a written agreement about:

• Where the children live

• Time with each parent

• How you’ll communicate

• School, health, and holidays

It’s not legally binding, but it shows you’re working together. If you want it to be legally enforceable, you can turn it into Consent Orders.

What About the Children’s Feelings?

Kids often feel stressed or confused during separation. It’s important to:

• Reassure them it’s not their fault

• Keep routines as stable as possible

• Encourage a positive relationship with both parents

• Avoid fighting in front of them

There’s no perfect setup—just what works best for your family.

Final Thought

You don’t need to go to court to parent well after separation. With the right mindset and a little planning, you can protect your child’s wellbeing and make life easier for everyone.

At Aussie Divorce, we help you understand your parenting options with real examples and plain English guidance—so you can focus on what matters most: your kids.