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Parenting Arrangements

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Parents have ongoing responsibilities for their children, regardless of their relationship status, whether separated, divorced, re-partnered, or never having lived together. At Davies & Co Lawyers we understand that while some separated parents may be able to agree their parenting arrangements, such agreement is not always possible.

When parents separate, they must decide on appropriate parenting arrangements for their child or children. In some cases, parents are able to communicate effectively and reach agreement about how care will be shared. These arrangements may be recorded in a written parenting plan, although parenting plans can also be oral.

a Parenting Plan can provide structure and clarity, it is not legally enforceable unless its terms are formalised through Parenting Orders made by the Family Court.

However, agreement is not always possible. Disputes can arise about where a child lives, how much time they spend with each parent, and how major decisions are made. In some situations, other people involved in a child’s care, such as carers or legal guardians, including grandparents, may also be part of these discussions.

Where parents cannot agree on parenting arrangements, the law requires parents to attend Family Dispute Resolution before applying to the Family Court for parenting orders. This process is designed to help parents agree on the care and living arrangements for the children, without the need for court intervention. There are some exceptions to this requirement, such as cases involving family violence, child abuse, or situations requiring urgent action.

If agreement cannot be reached through Family Dispute Resolution, it may be necessary to apply to the Family Court for parenting orders.

Our Perth family lawyers can assist you at every stage of your parenting matter. We provide clear advice and compassionate support, whether you need help preparing a parenting plan, participating in mediation or Family Dispute Resolution, or representing you in Family Court proceedings. Our focus is always on achieving outcomes that are in the best interests of your child or children.

Read more about Child Support here.

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Parenting Orders

Except in limited circumstances, parents are required to attend Family Dispute Resolution, and to make a genuine attempt to resolve parenting issues by agreement, prior to issuing an application in the Family Court. Read more about Family Dispute Resolution.

If an agreement can be reached without the need for Family Court proceedings, it may be appropriate to formalise that agreement by making an application for Consent Orders to the Family Court, depending on the circumstances of your case.

If an agreement cannot be reached, our family law team is equipped to make or respond to an application for Parenting Orders on your behalf.

Parenting Orders may deal with specific issues including:

  • Who the children live with.
  • Who the children spend time with.
  • What will happen during school holidays.
  • What will happen on special occasions such as Christmas Day, Easter, Mother’s Day, Father’s Day and birthdays.
  • Travel arrangements including inter-state and overseas travel, and passports.
  • Each child’s education arrangements.
  • Medical treatment.
  • The extent to which the children can communicate with the other parent and the means of doing so.
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Best Interests of the Child

When making parenting orders, the Family Court will act in the best interests of the children. The Family Court will consider a list of six general considerations and two additional considerations for Aboriginal or Torres Strait Islander children.

General considerations:

  1. What arrangements would promote the safety of the child and each person who has care of the child.
  2. The child’s views.
  3. The child’s developmental, psychological, emotional and cultural needs.
  4. The capacity of caregivers to provide for the child’s developmental, psychological, emotional and cultural needs.
  5. The benefit to the child of having relationships with their parents and other people significant to the child where it is safe to do so.
  6. Any other relevant circumstance.

Safety is a fundamental consideration in determining the best interests of the child. As a result, the Family Court is required to consider any history of family violence and any family violence restraining order previously or currently in place.

Additional considerations – right to enjoy Aboriginal or Torres Strait Islander culture:

  1. The child’s right to enjoy their Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:
    1. To connect with and maintain their connection with members of their family and community, culture, country and language.
    2. To explore the full extent of that culture, considering the child’s age, developmental level and views.
    3. To develop a positive appreciation of that culture.
  2. The likely impact that any proposed parenting order would have on that right.

If you think you need to commence Family Court proceedings or are currently involved in Family Court proceedings, our Perth family lawyers are here to assist you. We provide clear advice and compassionate support, always focusing on achieving outcomes that are in the best interests of your child or children.

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