Divorce can be emotionally difficult, especially when children are involved. For separated parents in Sydney, making clear parenting arrangements is essential to ensure the wellbeing and stability of your children. Whether you’re facing disputes or simply want to formalise an agreement, understanding your legal options is the first step.
This guide explains how parenting arrangements and custody work in New South Wales, what factors are considered by the Family Court, and why it’s important to seek expert advice from experienced professionals like CM Lawyers.
What Are Parenting Arrangements?
Parenting arrangements are agreements or legal decisions about how children will be cared for after a separation or divorce. They typically cover:
- Where the children will live
- How much time they spend with each parent
- Who makes major decisions about education, health, and religion
- How the children will communicate with each parent
- Holiday and special occasion arrangements
These arrangements can be made informally, formally by agreement, or ordered by the court.
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Is There a Difference Between Parenting Arrangements and Custody?
The term “custody” is still commonly used, but legally in Australia, it has been replaced by the term “parental responsibility.”
- Equal shared parental responsibility means both parents have a role in making major long-term decisions.
- This does not mean the children spend equal time with each parent — it refers to decision-making, not living arrangements.
Types of Parenting Arrangements
In Sydney and across NSW, separated parents can choose from the following types of arrangements:
- Informal Arrangements: Verbal or written agreements between the parents, but not legally enforceable.
- Parenting Plans: A written agreement signed by both parties that outlines care arrangements. It's not legally binding but can be used as evidence in court.
- Consent Orders: Legally enforceable agreements approved by the Family Court, based on mutual consent.
- Court-Ordered Parenting: Orders Issued by the court when parents can’t agree. These are legally binding and enforceable.
- Split Custody: When Siblings are separated in Custody Arrangements
What Does the Court Consider?
If parents can’t agree and the court becomes involved, the best interests of the child are the top priority. The court considers two primary factors:
- The benefit of the child having a meaningful relationship with both parents
- The need to protect the child from physical or psychological harm
Additional considerations include:
- The child’s views (depending on age and maturity)
- The nature of the child’s relationship with each parent
- Each parent’s ability to meet the child’s needs
- The effect of any changes to the child’s circumstances
- Any history of family violence or abuse
The goal is to ensure a stable, nurturing environment that supports the child’s emotional and physical wellbeing.
Equal Shared Parental Responsibility vs Equal Time
Many people assume shared parental responsibility means children will spend equal time with both parents. This isn’t always the case.
The court may consider equal time only if it’s in the child’s best interests and reasonably practicable. If not, the court may order significant and substantial time instead, allowing the non-primary carer to still play an active role (weekends, holidays, school events, etc.).
How to Create a Parenting Plan That Works
A well-structured parenting plan or agreement should include:
- Weekly and weekend time schedules
- School holiday and travel plans
- Communication between parents and with the child
- Decision-making responsibilities
- How to handle disagreements
It's best to keep the plan flexible yet specific enough to avoid confusion or conflict. Here’s how to approach separation amicably?
Disputes About Parenting Arrangements
If disputes arise, the first step is usually mediation through a Family Dispute Resolution (FDR) service. This is a mandatory requirement before applying to the court, except in cases involving family violence or urgent matters.
If mediation fails, either party can apply to the Family Court or Federal Circuit Court for parenting orders.
Can Parenting Arrangements Be Changed?
Yes. Parenting arrangements can be updated as circumstances change. This may happen when:
- A parent moves
- The child’s needs change with age
- One parent’s situation changes (e.g. health, employment)
- There are safety concerns
Changes can be made by mutual agreement or, if necessary, by returning to court.
What If One Parent Doesn’t Follow the Parenting Order?
If a parent breaches a legally binding parenting order without a valid reason, consequences may include:
- Make-up time with the child
- Fines
- Community service
- Changes to the existing parenting orders
It’s important to seek legal advice if you believe your parenting orders are being breached.
Tips for Successful Parenting After Divorce
- Prioritise the child’s needs over personal conflict
- Maintain open communication with your co-parent where possible
- Be consistent and reliable with routines
- Keep children out of adult conflicts
- Use a shared parenting calendar or app to stay organised
Do I Need a Lawyer to Set Up Parenting Arrangements?
While it’s possible to make informal arrangements, working with a family lawyer can provide important benefits:
- Make your agreement legally enforceable
- Ensure the terms are clear and comprehensive
- Help you resolve disputes fairly
- Protect your rights and your child’s best interests
Even in amicable separations, legal guidance helps avoid future misunderstandings.
Work With CM Lawyers for Parenting and Custody Matters in Sydney
At CM Lawyers, we understand how emotional and challenging parenting arrangements can be. Our family law team is here to guide you through the process with compassion and clarity — whether you need help drafting a parenting plan, negotiating a fair agreement, or seeking a court order.
We provide practical advice tailored to your family’s unique needs and focus on securing the best possible outcome for your children.
Need help formalising parenting arrangements or resolving custody disputes?
Contact CM Lawyers today for expert support in navigating parenting arrangements and custody matters after divorce. We're here to help you move forward with confidence.
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