• The child’s safety. 
• The child’s right to know and be cared for by both parents and other significant family members. 
• The wishes of the child, depending on their level of maturity. 
• The child’s psychological and physical developmental needs. 

The law states that both parents must have an equal shared responsibility of their child in terms of duties and powers until the child is 18 years old, but that’s not the same as spending the same amount of time together. 

Shared equal responsibility means that both parents have the right to have input on all important decisions that affect their child, such as where the child goes to school, the religion (if any) the child practices, care arrangements with extended family members, and the types of medical treatment they may need (such as dental braces). 

When it comes to spending time with each parent, the law will consider what’s in the best interests of the child as well as what’s reasonable in practice.

Child support is based on a formula developed by Services Australia, which calculates each parent’s responsibility and the cost of raising a child in proportion to each parent’s income. It considers multiple factors in doing so, which you can read more about in our blog  here.

A Parenting Plan is an informal plan regarding the care of your child made either verbally or written. It is not legally-binding, and therefore changes can be made by you or your former spouse in future. 

A Consent Order formalises a Parenting Plan to make it legally-binding, making it harder for you or your former spouse to make or dispute changes in future. 

A Parenting Order is made by the family court to determine the parenting arrangements if you and your former spouse continue to disagree. This is legally-binding and difficult to dispute. 

If the Parenting Plan has been formalised through a Consent Order or a Parenting Order has been made by the court, it can only be changed if there are substantial changes to a parent or child’s life. We recommend seeking legal advice early if you believe you may need to make a change to your Consent Order or Parenting Order. 

The costs associated with parenting matters vary depending on the circumstances and if it needs to progress to the Family Court. During our initial consultation, we will analyse the situation and risks from each party to then predict the likely outcome and associated costs. 

We are transparent in our approach and will always tell you what you need to hear so you are equipped to make an informed decision moving forward. Decisions made in the Family Court are difficult to appeal, therefore it’s vital to have an experienced family lawyer in your corner from the beginning.