This document summarizes key considerations for crafting parenting arrangements after divorce in Australia. It discusses that the law encourages agreed parenting plans that are in the child's best interests. Parenting plans can determine living situations, financial support, and relationships with others. They do not need to be approved by a court but can be made into consent orders. The document outlines what parenting plans should cover, including parental responsibilities, communication, holidays, dispute resolution, and other issues regarding the child's care, welfare and development. It stresses seeking legal advice to understand rights and responsibilities and help reach an agreement.

1. Crafting a Great Parenting
Arrangement After Divorce
Presented by Perth’s experienced Family Lawyers - Havilah Legal

2. Separation and Children
● In Australia, the law encourages both parents and other people interested in the care and welfare of a
child to agree on parenting arrangements, including where and with whom the child will live, how the
child will be financially supported and what that child’s relationship with other family members will be.
● Indeed, children have a right to spend time with people significant to their care, welfare and development
and this can include grandparents and others, to the extent it is in their best interests.
● In dealing with child custody issues, the law’s main concern is to ensure that a child’s best interests are
met by being protected from physical or psychological harm and having both parents involved
meaningfully in their lives if possible.
● Whether making parenting arrangements is done by parents, or the court is making an order, the key
issue is what is best for the children.

3. Many factors are considered by a court in
deciding what types of arrangements are
in a child’s best interests. However if the
parties can agree on the future
arrangements for their children after
separation they do not have to go to court.
They can make a parenting plan or they
can obtain consent orders approved by
the court.

4. Parenting Plans
● A parenting plan under the Family Law
Act 1975 (Cth) is a voluntary
agreement that covers the day to day
responsibilities of each parent, the
practical considerations of a child’s
daily life, and how parents will agree
and consult on important long-term
issues about their children.
● It can be changed at any time as long as
both parents agree and they do not
need to go to court. Other persons,
such as grandparents or step-parents,
can be included in a parenting plan.

5. Parenting Plans
● A parenting plan is not legally
enforceable and is different from a
parenting order, which is made by a
court.
● However parents who make a
parenting plan can apply to the court
to make orders by consent in the same
terms as the parenting plan.
● Once made, these orders are legally
binding, having the same effect as any
other parenting order made by a court.

6. Parenting Plans
● If parents end up in court at some later
date, the court must consider the terms
of the most recent parenting plan when
making parenting orders in relation to
the child, if it is in the best interests of
the child to do so.
● The court will also consider the extent
to which both parents have complied
with their obligations in relation to the
child, which may include the terms of a
parenting plan.

7. What can be
included in a
parenting plan?
● A parenting plan is unique to the circumstances of each
case dealing with the care, welfare and development of
a child. Except where there are issues of violence or
abuse, the law presumes that it is in the best interests of
a child for the parents to have equal shared parental
responsibility.
● This means that both parents should have an equal role
in making decisions about major long-term issues that
affect their children, eg schooling and health care.
● The parties should also consider an arrangement
whereby both parents spend substantial and significant
time with the child, provided that this is reasonably
practicable and in the best interests of the child eg
weekends, holidays and regular days and nights.
● This provides for both parents to be involved in the
child’s daily routine, as well as sharing in special events
eg birthdays.

8. What can be
Included in a
Parenting Plan?
Accordingly, the parenting plan could address the following:
● How the parents will share parental responsibility and
consult about decisions eg schools and education;
● Who the child will live with and what time the child
will spend with each parent or others such as
grandparents;
● How the child will communicate with each parent or
other people (eg by phone, email etc);
● Parenting Arrangements for special days, such as
birthdays and holidays;
● The process to change the plan if circumstances change
or to resolve any disagreements;
● Maintenance of a child; and
● Any other issue about parental responsibility or the
care, welfare and development of the child.

9. What can be
included in a
parenting plan?
● It is important to bear in mind that care and
financial arrangements for the children in a
parenting plan can affect entitlements to child
support, income support and family assistance
payments. We recommend seeking advice on
these matters beforehand.
● A parenting plan can also include other issues
such as financial maintenance or property
arrangements between the separating parties
but those provisions will not be legally
enforceable unless the parties seek to include
them in a court order by consent.

10. Seek Legal
Advice
● You should get legal advice before
deciding what to do.
● A lawyer can help you understand
your legal rights and responsibilities,
and explain how the law applies to
your case.
● A lawyer can also help you to try to
reach an agreement with the other
party without going to Court.

11. At Havilah Legal we have
considerable expertise in Family
Law.
Contact us online or call us:
Perth: +61 8 9221 2339
Brisbane: +61 8 9218 8600

12. Want to Find Out More?
For more information visit federalcircuitcourt.gov.au or contact our experienced Perth
divorce lawyers today.
Presented by Perth’s experienced Family Lawyers - Havilah Legal