In Australia, when parents separate, decisions about parenting and child custody are guided by the Family Law Act 1975 (Cth). The law focuses on the best interests of the child, ensuring they have meaningful relationships with both parents while prioritising their safety and wellbeing.

What Happens to Parenting Arrangements After Separation?

When parents separate, they must decide:
✔️ Who the child will live with (formerly called custody).
✔️ How much time the child will spend with each parent.
✔️ Parental responsibility – who makes decisions about the child's upbringing (e.g., education, health, religion).
✔️ How major expenses and child support will be managed.

💡 Parents are encouraged to agree on arrangements amicably, either informally or through a Parenting Plan. If disagreements arise, mediation or court intervention may be required.

How Does the Court Determine Child Custody?

If parents cannot agree on custody, the Federal Circuit and Family Court of Australia (FCFCOA) may make parenting orders. The court considers:

Primary Considerations (Section 60CC of the Family Law Act 1975)

✅ The benefit of the child having a meaningful relationship with both parents.
✅ The need to protect the child from harm, including exposure to abuse, neglect, or family violence.

Additional Factors

• The child’s views, depending on their age and maturity.
• Each parent’s involvement in the child’s life.
• Practical arrangements, such as living locations and school stability.
• The impact of separation on the child’s wellbeing.
• Whether the parents can cooperate and communicate effectively.

💡 The law does not automatically grant 50/50 custody. The court makes decisions based on what is best for the child.

Equal Shared Parental Responsibility vs. Custody

Under the Family Law Act, there is a presumption of equal shared parental responsibility, meaning both parents are responsible for major decisions in the child's life.

However, this does not mean equal time. The court may decide that equal time is not practical and order a different arrangement based on the child's needs.

🔹 Equal time (50/50) arrangements are considered when practical and beneficial for the child.
🔹 Significant time arrangements (e.g., one parent has primary care, and the other has weekends/holidays).

Parenting Agreements and Court Orders

After separation, parenting arrangements can be formalised in two ways:

Parenting Plans (Informal Agreement)

• A written, signed agreement between parents about custody and care.
• Not legally enforceable but can be used in court as evidence.

Consent Orders (Legally Binding Agreement)

• If both parents agree, they can submit their arrangement to the court for approval.
• Once approved, it becomes a legally enforceable court order.

Parenting Orders (Court-Determined)

• If parents cannot agree, they may apply to the FCFCOA for a court-ordered arrangement.
• The court makes a decision based on the best interests of the child.

💡 Court proceedings should be a last resort—mediation and negotiation are encouraged first.

What If One Parent Wants to Relocate With the Child?

If one parent wants to move to another city or country, they need:

• The other parent's consent, or
• A court order permitting relocation.

The court assesses:
✔️ The child’s best interests.
✔️ The reason for relocation.
✔️ The impact on the child's relationship with the other parent.

🚨 If a parent moves without consent or a court order, the other parent may apply for a recovery order.

What If There Are Concerns About Safety?

If a parent believes the child is at risk of harm (e.g., family violence, abuse, or neglect), they can:

• Apply for a court order to restrict the other parent's contact.
• Request supervised visits.
• Contact child protection services if necessary.

🔹 The court prioritises child safety over parental rights.

Child Support After Separation

• The Child Support Agency (CSA) calculates child support based on both parents' incomes and time spent with the child.
• Parents can negotiate their own arrangements or apply for child support assessments.

💡 Child support and custody are separate issues—a parent cannot withhold access if the other parent fails to pay child support.

Key Takeaways

✔️ Separation does not remove parental rights or responsibilities.
✔️ Equal shared parental responsibility does not always mean equal time.
✔️ Parenting arrangements should prioritise the child’s best interests.
✔️ If parents cannot agree, the court may issue parenting orders.
✔️ Mediation is required before applying to court unless there is family violence.