Parenting Arrangements

Parenting Arrangements

When parents separate, one of the most important and often most emotional decisions involves the care and living arrangements for their children. At Wakefield Lawyers, we focus on helping you put the needs of your children first, ensuring that parenting arrangements are practical, stable, and in their best interests.

We know that every family is different. Our experienced family lawyers provide guidance tailored to your circumstances, whether you’re reaching an informal understanding or seeking Court-approved parenting orders.

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Understanding Children’s Matters After Separation

There’s no single way to determine how children’s time should be divided between parents. Some families are able to come to a verbal agreement on their own. Others may need the support of mediation or legal advice to reach a fair and workable arrangement.

If your situation involves urgent concerns, such as family violence, substance abuse, or an attempted relocation without your consent, we can help you apply to the Federal Circuit and Family Court of Australia as a priority.

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What Courts Consider When Deciding Parenting Arrangements

The Family Law Act places the best interests of the child as the highest priority. When working out parenting arrangements, some of the key factors include:

• Who has been the primary caregiver
• The level of involvement each parent has had in day-to-day parenting
• The ability of each parent to provide a consistent and stable environment
• Any safety factors, including and drugs, alcohol or mental health concerns of either parent
• Each parent’s availability, including work or other commitments
• How the arrangements will promote meaningful relationships with both parents

If you can’t agree on what would be in the best interests of the child, and particularly if you have sought the assistance of the Federal Circuit and Family Court of Australia to do so, then a Family Report might be of great assistance. This involves an independent experienced psychologist meeting with each partner individually, the children, and then observing family interactions, who can assist by giving a detailed Family Report, to give guidance on what might be considered to be in the child’s best interests. Whether you are involved in a court case, or simply want the expert guidance of this Report during your negotiations and mediation process, we can assist.

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Safety concerns

Separation can be a time that involves a lot of conflict between parents. If there are safety concerns, then an Intervention Order might be required to be protect a parent, and also the children.

Whether you need help applying for an Intervention Order, or you’ve had one made against you, particularly if it affects your time with your children our team is here to help.

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Turning Agreements Into a Clear Framework

If parents can agree on the future care arrangements, there are a couple of options to formalise that agreement depending on how much structure and legal enforceability is needed.

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Parenting Plans

A Parenting Plan is a written agreement, signed and dated by both parents. It can outline the practical details of parenting, such as where the children will live, how time will be shared, and how decisions will be made. While a Parenting Plan isn’t legally binding, it can provide helpful structure and clarity and is given consideration if the parties later end up in a dispute at the Federal Circuit and Family Court of Australia.

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Consent Orders

If you would like to make your agreement legally enforceable, you can apply for Consent Orders through the Federal Circuit and Family Court of Australia. These Orders set out the agreed parenting arrangements and have the same legal weight as any other Court order. If one parent doesn’t follow the orders, the other may apply to the Court to enforce them.

Our lawyers can assist by preparing the necessary documents to ensure your agreement reflects the best interests of your children, while remaining practical and fair for both parents. Our experienced family law team takes great care to draft detailed Orders that address a wide range of potential issues, including matters you may not have considered, to provide clarity and help prevent conflict or confusion in the future.

Consent Orders relating to children may include:

• What days the children will live with each parent
• School holiday arrangements
• Birthday arrangements
• Public holiday arrangements
• appropriate communication methods
• any requirements to deal with safety factors, such as drugs, alcohol or mental health concerns
• Details regarding school enrolments, and receiving reports, attending school functions etc
• Who and how to deal with medical issues
• Any other important aspects of your co-parenting relationship

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Whether you’re just beginning the process of working out parenting arrangements or need legal support for an existing issue, we’re here to help. At Wakefield Lawyers, we guide families across Gippsland with care, clarity, and practical solutions.