CHILD SUPPORT & CUSTODY LAWYERS SHELLHARBOUR

Separation often leads to key decisions around where children will live and how they will maintain relationships with each parent, as well as with other close family members such as grandparents.

The Family Law Act no longer uses the terms “custody” or “access.” Instead, courts issue parenting orders. These orders outline living arrangements, time spent with each parent, and how other meaningful relationships will be maintained.

Parental responsibility refers to the obligation of parents to make important decisions concerning their child’s health, schooling, lifestyle, and general upbringing. The law starts with the presumption that both parents share this duty, unless there are specific concerns that justify a different approach.

Shared responsibility means both parents must consult each other and jointly decide on long-term matters like education, religion, major medical treatment, and travel. Day-to-day decisions, however, remain with the parent who has care of the child at the time.

This refers to decisions around a child’s daily needs, such as meals, clothing, and activities. When a child is in one parent’s care, that parent manages those short-term choices.

The law encourages children to have regular and meaningful contact with both parents. Shared care might involve equal time or a schedule that gives each parent substantial involvement. Practical considerations such as work, travel time, and the child’s needs help shape these arrangements.

If you’re unable to reach a resolution, Kells can assist through negotiation, mediation, or by representing you in court to help resolve disputes around your children’s care.

If both parents can come to an agreement about arrangements for the children, those terms can be documented and submitted to the court. Once approved, they become binding court orders. Formalising your agreement this way helps reduce the risk of future disputes and provides greater certainty for everyone involved.

A parenting plan is a written agreement covering arrangements for children, signed by both parents. While it reflects mutual understanding, it is not legally enforceable unless turned into formal court orders.

Children’s preferences are taken into account, though they don’t decide the outcome on their own. The court considers many factors, including a child’s maturity and emotional development, when weighing their views. Older children’s opinions may carry more influence, but younger children are also heard.

When deciding what supports a child’s best interests, the court examines several elements, including emotional wellbeing, safety, and the ability of each parent to meet the child’s needs. The overall impact on the child’s stability and development is central to every decision.

The primary carer is generally the parent who has taken on most of the day-to-day responsibilities during the relationship. This may include tasks like preparing meals, assisting with hygiene, supervising daily routines, and attending to school or medical needs. The court also considers whether these duties have been shared equally or are expected to be shared going forward.

The Family Law Act places strong emphasis on protecting children from harm. This includes exposure to emotional, physical, or sexual abuse. Parents are legally obligated to take steps that support their child’s wellbeing and protect them from unsafe situations.

Before a parenting matter can be brought to court, parents are generally required to attend family dispute resolution (FDR). This process involves a qualified mediator helping both parties attempt to reach an agreement. Whether or not the mediation is successful, the mediator will issue a Section 60I certificate to confirm participation or refusal.

There are circumstances where mediation may not be required. This includes situations involving serious risk, such as family violence, abuse, or urgent matters like unauthorised relocation of a child. Exemptions may also apply where participation is not possible due to substance dependence or mental health concerns.

Parenting orders can be updated by mutual agreement, or by applying to the court for variation if circumstances have changed. Where agreement isn’t reached, the matter may need to return to mediation or court for a new decision.

Child support refers to financial contributions made to help cover a child’s everyday needs after parents separate. These payments can be issued as ongoing instalments or a lump sum and are designed to support the child’s health, education, and living costs.

Payments generally begin once parents separate and the child lives in Australia. Support usually continues until the child turns 18 or completes their final year of secondary education, whichever comes later.

Responsibility for child support can fall on either parent, depending on income levels and care arrangements. This applies to biological, adoptive, and IVF parents, regardless of whether the parents were married or in a de facto relationship.

The amount payable is worked out using a formula set by the Child Support Agency. It takes into account each parent’s income after certain deductions, any other children they support, and how much time the child spends with each parent. An online calculator is available through the Department of Human Services to help estimate potential contributions.

Yes, parents can reach a private agreement without going through the Child Support Agency. These arrangements can offer more flexibility, as long as both parties agree to the terms and they are properly documented.

If you believe the other parent is misrepresenting their financial situation or the child’s needs are not being properly supported, you can request a reassessment. The Department of Human Services will review the matter and investigate if necessary.