Understanding Parenting Arrangements After Separation
Many people searching for advice about “child custody” are really seeking information about parenting arrangements after separation or divorce.
Under Australian family law, the legal terms are parenting arrangements, parenting orders and parental responsibility. The focus is not on one parent having “custody” of a child, but on creating arrangements that promote the child’s safety, wellbeing and best interests.
At Mathews Family Law & Mediation Specialists, we understand that disputes about children are often the most emotionally difficult part of separation. Our Accredited Family Law Specialists provide practical advice to help parents resolve parenting matters in a way that prioritises their children’s needs.
Do Parents Have to Go to Court?
No.
Australian family law encourages parents to resolve parenting issues without Court proceedings wherever possible.
Many parents are able to reach agreement through:
- Negotiation between parents
- Lawyer-assisted negotiation
- Family Dispute Resolution (FDR)
- Mediation
- Collaborative law
- Parenting plans
- Consent Orders
Resolving matters outside Court can often reduce conflict, cost and stress for both parents and children.
Family Dispute Resolution Before Going to Court
Before applying to the Federal Circuit and Family Court of Australia for parenting orders, parents are generally required to make a genuine attempt to resolve their dispute through Family Dispute Resolution (FDR).
If an agreement cannot be reached, the FDR practitioner will usually issue a Section 60I Certificate, which is required when commencing parenting proceedings.
There are exceptions where a certificate may not be required, including circumstances involving:
- Family violence
- Child abuse or risk of abuse
- Urgent matters
- Other circumstances recognised under the Family Law Act
Parenting Orders
If parents cannot reach agreement, either parent may apply to the Court for parenting orders.
A parenting order can deal with issues including:
- Where a child lives
- The time a child spends with each parent
- Communication arrangements
- School holiday arrangements
- Special occasions
- Travel arrangements
- Decision-making responsibilities for major long-term issues
Parenting orders are legally enforceable. Failing to comply with a parenting order without a reasonable excuse may have serious consequences.
Parenting Plans
Parents who reach an agreement can also record their arrangements in a parenting plan.
A parenting plan is a written agreement between parents that may cover similar issues to a parenting order, including:
- Living arrangements
- Time spent with each parent
- Communication
- Education
- Health decisions
- Holidays and special occasions
However, unlike parenting orders, a parenting plan is not legally enforceable.
For parents seeking certainty and enforceability, formalising arrangements through Consent Orders may be more appropriate.
How Does the Court Decide Parenting Matters?
If a parenting dispute proceeds to Court, the Court’s primary consideration is always:
The Best Interests of the Child
The Court considers factors including:
- The child’s safety
- The child’s developmental, psychological and emotional needs
- Each parent’s capacity to provide for the child’s needs
- The benefit of children having relationships with significant people in their lives where safe and appropriate
- Any other relevant circumstances affecting the child’s welfare
Every family is different. There is no automatic preference for mothers or fathers, and there is no “one size fits all” parenting arrangement.
Experienced Parenting Lawyers Melbourne
Parenting disputes require careful legal advice and a child-focused approach.
At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents with:
- Parenting arrangements after separation
- Child custody disputes
- Parenting negotiations
- Family Dispute Resolution
- Parenting plans
- Consent Orders
- Parenting proceedings in the Federal Circuit and Family Court of Australia
We understand that decisions about children are deeply personal. Our role is to provide clear advice, protect your interests and help you work towards arrangements that support your child’s best interests.
Contact Our Parenting Lawyers Today
If you are experiencing a parenting dispute or need advice about child custody, parenting arrangements or parental responsibility, our experienced family lawyers can help.
Contact Mathews Family Law & Mediation Specialists today to arrange your complimentary telephone consultation.
Call 1300 635 529 or contact us online to speak with an Accredited Family Law Specialist about your parenting matter.
About Vanessa Mathews — Accredited Family Law Specialist
Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator
This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.
Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.
Last reviewed: 24 July 2026
Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.
