Separation and Parenting After Divorce
Separation and divorce are a reality for many Australian couples. When children are involved, the impact on the family can make the aftermath of a breakup even more overwhelming. Parents are often anxious about how children’s care arrangements will play out immediately after separation and in the long term.
Making a parenting plan that outlines where the children will live and how parents will share responsibilities is a practical step. It can provide clarity and help minimise additional stress and anxiety.
What is a Parenting Plan?
A parenting plan is a written agreement between separated parents that outlines how they will raise their children moving forward. It acts as a roadmap for co-parenting. The plan details:
- Where the children will live.
- Who will make decisions about their upbringing.
- How parents will communicate about important issues.
- How they will resolve disputes.
Note: Parenting plans are not legally required and are not legally binding. However, they can provide stability and structure for children after separation. Parents can also apply to the court to turn a parenting plan into legally binding consent orders.
Key Components of a Parenting Plan
- Living arrangements: This is often the most contentious aspect. Options include:
- Primary residence: One parent becomes the primary caregiver, and the children live with them most of the time. The other parent has regular contact, such as weekend visits, holidays, and special events.
- Shared care: Children spend significant time with both parents, often on a near-equal basis. This may involve week-on-week-off arrangements or other structured schedules.
- Birdnesting: This is less common. The children stay in the family home, and the parents take turns moving in and out.
- Decision-making: The plan outlines who makes major decisions about the children’s lives, such as education, healthcare, and religious upbringing. Parents can share this responsibility equally or allocate it between them.
- Communication and dispute resolution: A good plan includes strategies for effective communication and clear methods for resolving disagreements, such as mediation or counselling.
What Does the Law Say?
In most cases, parents should try to agree on post-separation arrangements for their children. If they cannot reach an agreement, they may need to ask a court to determine these issues. You can find more information about the court process on the Federal Circuit and Family Court of Australia website.
In family law cases, courts decide parental responsibility on a case-by-case basis. The child’s best interests remain the paramount consideration.
When making orders, the Family Law Act 1975 requires the court to consider core factors, including:
- The arrangements necessary to promote the safety of the child and all individuals responsible for the child’s care.
- Any views expressed by the child.
- The child’s developmental, psychological, emotional, and cultural needs.
- The capacity of each person with parental responsibility to meet the child’s needs.
- The benefit to the child of having a meaningful relationship with their parents and other significant people.
The court also considers the child’s connection to family, community, culture, country, and language when determining the best interests of Aboriginal or Torres Strait Islander children. For further resources, families can visit Family Relationships Online.
Important Legal Update: These recently introduced provisions remove the presumption of shared parental responsibility, which no longer operates. They apply to children in Australia whether or not their parents are or were married. They do not currently apply to children of de facto parents in Western Australia.
Considerations When Negotiating a Parenting Plan
There is no one-size-fits-all approach. A workable parenting plan requires a cooperative approach and a clear focus on the children’s welfare.
A mediator or family dispute resolution practitioner can help parents reach agreement and implement effective plans. Practical considerations include:
- Child’s age and development: Babies and toddlers often need greater stability; older children may benefit from flexibility.
- Each parent’s capacity to provide care: Includes emotional stability, financial resources, and availability.
- Existing routines and attachments: Maintaining continuity in schooling and relationships with extended family.
- Logistics: Parents’ work commitments and the distance between homes.
- Family violence: In matters involving family violence or abuse, the court prioritises the safety and well-being of the child and the protective parent.
Making Parenting Plans Work
Creating a parenting plan is only the first step. Successful co-parenting requires ongoing effort:
- Communicate effectively: Maintain open and respectful communication.
- Be flexible: A willingness to accommodate changes in schedules is important.
- Communicate with your children: Remain calm and positive when addressing challenges.
- Seek professional support: Mediators and family therapists can assist in managing conflict.
- Review and adjust the plan: Be prepared to renegotiate as children grow.
Taking the Next Step for Your Family
Parenting is challenging, especially after separation. Reaching an agreement that supports your children’s best interests is worth the effort. Both parents continue to play an important role in their child’s life.
This is general information only. You should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please call 02 6621 2481 or email [email protected].
We offer a free first consultation to help you understand your options and move forward with confidence.