PARENTING & CHILD SUPPORT

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Parenting and child support matters are often the most emotionally charged aspects of family law. When parents separate, the wellbeing of the children must always remain the central focus. Australian family law is clear that children have the right to a meaningful relationship with both parents, as long as it is safe and in the child's best interests. This principle guides how parenting arrangements are made, whether by agreement or through the court system.

Parenting arrangements set out how separated parents will care for their children. These arrangements are designed to ensure the child’s best interests are met — particularly their right to a safe, stable, and meaningful relationship with both parents. Parenting arrangements can be informal, agreed upon between the parents, or formalised through a Parenting Plan or Parenting Orders made by the Family Court.

Parenting arrangements typically cover a wide range of practical considerations, including:

1.Living Arrangements

This refers to where the children will live and how their time will be divided between each parent. Arrangements may be:

• Equal time with both parents (e.g. week-on/week-off basis).
• Substantial and significant time with one parent (e.g. weekends and some weekdays).
• Primary residence with one parent and visitation for the other. 

The arrangement depends on what is practical and in the child’s best interests, especially considering their age, schooling, routines, and emotional needs.
 

2.Time Spent with Each Parent

This includes details about when the children will spend time with each parent, such as:

• Weekday and weekend routines.
• School holidays.
• Public holidays.
• Birthdays (the child’s and parents’).
• Special occasions (e.g. religious events or cultural traditions).
   

Clear arrangements help avoid confusion and conflict and give children a sense of stability and routine.

3. Parental Responsibility

Parental responsibility refers to the authority to make major decisions about the child’s life. These include:

• Education (which school they attend).
• Medical treatment.
• Religion or cultural practices.
• Name changes.
• Relocation (moving towns or interstate).
   

Recent legislative changes have removed the presumption of Equal Shared Parental Responsibility (ESPR). Instead parental responsibility will be determined based on what is in the best interests of the child, amongst other factors.

4. Communication

Parenting arrangements may also set out how and when the children communicate with the parent they are not currently living with. This could include:

• Phone calls or video chats (e.g. weekly FaceTime).
• Messaging (with boundaries, if needed).
• Communication during special occasions or trips away.

5. Transport and Changeover
 

The plan may outline how the child will be transported between homes, who is responsible for drop-offs and pick-ups, and where handovers will take place. Clear expectations around handover help minimise potential conflict or logistical issues.

6. Travel and Holidays

Parenting arrangements can include conditions for domestic or international travel. This might involve:

• Notifying the other parent of travel plans.
• Providing contact details and itineraries.
• Obtaining written consent for overseas trips. 
• Passport applications.

Parenting arrangements can be formalised in two main ways: 

1. Parenting Plans.
2. Parenting Orders.

A Parenting Plan is a written agreement between parents that outlines the care of the children — including where they live, how much time they spend with each parent, and other key matters like schooling and holidays. It must be signed and dated by both parties. While Parenting Plans are not legally enforceable, they show mutual agreement and can be helpful if issues arise later.

For a legally binding arrangement, parents can apply to the court for Parenting Orders, either by consent (if both parents agree) or through court proceedings (if they don’t). Parenting Orders are enforceable by law and cover all aspects of the child’s care and welfare.

Child support is another crucial area. It refers to the financial support that one parent provides to the other to help cover the costs of raising a child. This is usually calculated and managed by Services Australia (Child Support), using a formula that takes into account each parent's income, the amount of overnight time the child spends with each parent, and the costs of raising children at different ages.

Parents can also make their own child support agreements, which may be binding or limited in scope. These agreements can include payments for school fees, medical costs, and other specific expenses. It’s essential that any agreement is fair, practical, and in the child’s best interests.

Child Support Agreements are private arrangements made between parents about how child support will be paid, as an alternative to having the Child Support Agency calculate and manage payments. These agreements can be more flexible and tailored to the specific needs of the child and family. 

There are two main types of child support agreements:

1. Limited Child Support Agreement - A limited agreement is a simpler, less formal arrangement where parents agree on a specific amount of child support to be paid. The agreement can be for a fixed amount or based on a percentage of the paying parent’s      income. These agreements can last for up to 3 years or until the parents mutually decide to end or alter it.
2. Binding Child Support Agreement - A binding agreement is a more formal and legally enforceable arrangement. This type of agreement must be signed by both parents, and it can only be terminated or changed under certain conditions. 

Once an agreement is reached, it must be registered with the Child Support Agency to ensure enforcement if needed.

Both types of agreements offer more control and flexibility for parents than a standard administrative child support assessment, but it’s important to ensure the agreement is fair and properly documented.

Our lawyers at MD Law Group can assist with:

• Explaining your rights and responsibilities as a parent under the Family Law Act.
• Negotiating parenting plans and consent orders that are child-focused and practical.
• Assisting with mediation or family dispute resolution.
• Navigating issues relating to parental responsibility, living arrangements, time spent with each parent, relocation, overseas travel, and other important issues that arise.
• Drafting Parenting Plans that outline the arrangements agreed on. 
• Preparing and filing Consent Orders to make agreements legally binding.
• Representing you in parenting disputes before the Federal Circuit and Family Court of Australia, if necessary.