Parenting after separation

After the breakdown of a relationship, one of the key concerns for parents is implementing appropriate care arrangements for their children.

For those wondering if there is a “standard” or “default” parenting arrangement that can be put in place, the short answer is there’s not.

There is no “one-size-fits-all” approach to care arrangements for children. Each particular child’s needs and circumstances should be considered and any parenting arrangements that are implemented should be made based on what is in the best interests of that child.

The Family Law Act 1975 sets out that the “best interests” of a child is the paramount consideration when making any parenting orders.

So what does ‘best interests’ mean?

Under the Act, in determining a child’s best interests, the Court must consider:

(a) the benefit of a child having a meaningful relationship with both parents; and

(b) the need to protect a child from harm from being subjected or exposed to abuse, neglect or family violence.

Of those two considerations, the second is given greater weight.

There are also additional considerations for the Court to take into account, including:

• Any views of the child, as well as their maturity and level of understanding
• The child’s relationship with each parent and other people, for example grandparents or siblings
• The parents ability to meet the needs of the child, including their emotional needs
• Whether the parents are taking up opportunities to be involved with their child
• Practical issues associated with any proposed arrangements, for example travel distance or parents’ work arrangements
• The child’s culture and heritage
• How the child will be affected by any change.

This is not an exhaustive list of factors that are considered in determining a child’s best interests and the Court can also take into account any other circumstance it sees as relevant.

A tailored approach is required to ensure any parenting arrangements are appropriate for each child’s individual circumstances and needs and parents should not simply adopt a “standard” parenting arrangement. Instead, parents should keep the best interests of their children front of mind when implementing care arrangements following separation.

This article is general information only and is not legal advice or a substitution for such advice.