When parents separate, one of the most important decisions to make is how their children will be cared for. Parenting arrangements are not about what is easiest for the adults, but what is best for the child. Understanding how these decisions are made can help reduce stress and uncertainty during an already difficult time.
At Coastal Family Law, we support families across Mandurah and the Peel Region to reach parenting arrangements that are practical, fair, and focused on children’s wellbeing.
What Does the Court Consider When Deciding Care Arrangements?
When parenting matters cannot be resolved by agreement, the court looks at a range of factors to determine what is in the child’s best interests, including:
- What arrangements would promote the child’s safety
This includes safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of the child and each person who has care of the child.
- The child’s age, needs, and preferences
Older children may have their views taken into account, while younger children’s developmental needs are carefully considered. - The child’s developmental, psychological, emotional and cultural needs
This includes considering whether the child’s age means they have unique developmental needs. The Court would also take into account any cultural or heritage considerations.
- Each parent’s ability to provide care
This includes living arrangements, work schedules, and the capacity to meet the child’s day to day needs as well as meet their emotional and psychological needs. - Important family relationships
The court considers the benefit of the child having a meaningful relationship with each parent as well as other people significant to the child such as siblings, grandparents, and other close family members. - Special circumstances
Medical conditions, educational needs, or other special requirements are taken into account when deciding what care arrangements will work best.
Parental Responsibility / Decision Making and Time with Children
Under Australian family law, there is no longer a presumption that it is in a child’s best interests for both parents to share responsibility for major long-term decisions, such as schooling, medical care, and religious upbringing (what used to be called having equal shared parental responsibility).
The Court has the power to make orders for what is now called either Joint or Sole Decision Making based on what is ultimately best for the child in question.
Joint decision making operates in a very similar way to equal shared parental responsibility in that the parents must consult with each other when deciding on major long-term issues about a child and make a genuine effort to reach a joint decision.
However, this does not automatically mean a child will spend equal time with each parent. The amount of time a child spends with each parent depends on what is practical, safe, and in the child’s best interests, based on their individual circumstances.
Every family is different, and there is no one-size-fits-all approach to parenting arrangements. The experienced team at Coastal Family Law provides clear advice and compassionate support to help parents understand their rights and work towards arrangements that support their children’s wellbeing.
Whether you are negotiating an agreement or navigating court proceedings, we are here to help you move forward with confidence.
If you would like advice about parenting arrangements, contact Coastal Family Law today for guidance tailored to your family’s needs.
