Where Will the Kids Live?

 

People are frequently confused by the way the law works in Australia with respect to parenting arrangements. The media does not help with their continued use of archaic and inaccurate terms such as “custody, “access” and “visitation”. These terms reflect the idea that the parents have rights over the children and the children are somehow the “property” of the parents.

In Australia we have a child-focused system where the parents have responsibilities and the children have rights. The legislation uses the terms “live with” and “spends time with” to describe children’s living arrangements after separation.

In Australia, the child’s best interests are paramount. It is considered to be in their best interest to have a meaningful relationship with both parents (assuming it is safe).

There is no presumption of equal time between parents, although the Courts do have to consider whether this is appropriate if the parties are ordered to have equal shared parental responsibility for making long term decisions about the children.

The arrangements for each family will always be dependent on the circumstances of their individual case.

No one knows your child better than you and your former partner. Before you consider leaving this important decision up to a Court to decide, you should take the time to discuss and explore options that you think may work for your family. If you are unable to have this discussion on your own, there are professionals who can assist to facilitate the discussion.

There are many options for how children can live between two households and there is no one formula to be applied. If you can agree on a way forward you can document this as a parenting plan or by way of Consent Orders without ever setting foot in a court room.

We can assist you to negotiate with your former partner to develop a solution to your parenting matter without litigation or protracted disputes.