When families go through separation or divorce, one of the most sensitive and vital issues to resolve is the care and upbringing of children. The New South Wales legal system prioritises the child’s best interests when determining parenting arrangements.
At Szabo & Associates Solicitors, our experienced Sydney family lawyers can guide you through your rights and responsibilities, helping ease the legal process and prioritise your children’s well-being during this challenging time.
What Are Parenting Arrangements?
Parenting arrangements refer to the decisions and agreements made for a child’s care following a separation. The Family Law Act 1975 presumes equal shared parental responsibility, meaning both parents have equal rights and duties in making major decisions affecting the child’s life, such as education, health care, and religion.
However, equal shared parental responsibility does not automatically equate to equal time with the children. The court’s paramount consideration is always the child’s best interests. This principle guides all decisions related to parenting arrangements. Parents are encouraged to work together to develop a plan supporting the child’s emotional, physical, and developmental needs where possible.
Types of Parenting Arrangements
Parenting arrangements can be formalised in different ways depending on your situation. The two most common options are:
Parenting Plans
A parenting plan is a written agreement between parents outlining the child’s care arrangements. It is flexible and can be tailored to suit the family’s needs. While a parenting plan is not legally enforceable, it can serve as a useful guide and help avoid disputes in the future.
Consent Orders
The court makes consent orders when both parties agree on the arrangements and want them to be legally binding. These orders carry the same weight as any other court order and can be enforced by the court if one party fails to comply.
If parents cannot reach an agreement, they may need to apply to the Federal Circuit and Family Court of Australia for parenting orders. The court will decide based on what it believes to be in the child’s best interests.
Key Factors Considered by the Court
The court considers several factors when determining parenting arrangements, including:
- The benefit to the child of having a meaningful relationship with both parents
- The need to protect the child from harm or exposure to family violence
- The child’s views, depending on their age and maturity
- The practicalities of the proposed arrangements, such as travel and communication
- The ability of each parent to meet the child’s emotional and developmental needs
The overarching goal is to ensure that the child is safe, supported, and able to thrive.
How Our Family Lawyers Can Assist
With the support of our experienced NSW family lawyers, you can navigate parenting arrangements more confidently and with less stress. We can assist you with:
- Understanding your rights and responsibilities
- Negotiating and drafting parenting plans
- Applying for consent orders
- Representing your interests in court if necessary
Having trusted legal guidance can make the process more manageable and help you reach a resolution that supports your child’s well-being.
Contact Szabo & Associates Solicitors for Help Navigating Parenting Arrangements
Szabo & Associates Solicitors is committed to helping you build stable, supportive parenting arrangements that put your children first. Contact our family lawyers today for a confidential consultation for personalised advice and compassionate legal support.
