Parenting and Child Custody Lawyers in Maroochydore, Serving the Sunshine Coast
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Sorting Out Arrangements for Your Children
Separation is hard, and working things out with a former partner is harder still. Where it is safe to do so, arrangements that both parents can live with usually work better for children than arrangements imposed after a fight. That is not always possible, and it is not always safe. This page sets out how parenting arrangements work in Australia so you can understand your options.
Many of our lawyers are parents too. We understand what is involved — from a child’s emotional and educational needs through to the logistics of school runs, sport and everything in between.
The basics
Parental Responsibility
| We help clients resolve parenting matters by agreement where that is possible and safe, and represent them in court where it is not. Where an agreement can be reached, consent orders are often the way to make it binding. |
Each parent has parental responsibility for their child, unless a court orders otherwise. Parental responsibility is about major long-term issues — where a child goes to school, their medical care, their religious or cultural upbringing, their name, and where they live if that would make it significantly harder to spend time with the other parent.
The presumption of equal shared parental responsibility was removed from the Family Law Act on 6 May 2024. There is no longer any starting assumption that decision-making will be shared. Where it is safe to do so, parents are encouraged to consult each other about major long-term issues and to try to reach a joint decision, with the best interests of the child as the paramount consideration. If a court orders that decisions be made jointly, the parents must genuinely consult and try to agree.
Parenting arrangements
How arrangements can be recorded
The ideal outcome in family law matters is for parents to be able to come to a parenting agreement about what arrangements should be put in place. These parenting arrangements can be made formally or informally. Formal agreements are legally binding, while anything agreed to informally is not.
Parenting plans
A parenting plan is a written agreement that is not legally enforceable but provides a valuable framework that allows all parties to understand their mutual parental responsibilities. There is no standard format for a parenting plan, and they can cover as many aspects of parenting as is deemed necessary. Typically, the more detailed a parenting plan is, the more successful it will be in establishing an effective parenting agreement.
Some of the primary considerations in a parenting plan are (but are not limited to):
- Nominating appropriate communication channels
- How any disputes will be mediated
- Whether the other parent should be considered first when a babysitter is needed
- Whether the other parent should be considered first when a babysitter is needed
- Setting out relevant schedules, including-
- visitation schedules
- The child's living arrangements with each parent
- Schedules around special times like birthdays
- How school drop offs and pick ups will be handled
- How required changes to schedules will be resolved.
Is it still called "custody" in Australia?
No. “Custody” and “access” have not been used in Australian family law for many years, and “custody” was never a term in the Family Law Act. People still search for it, so we use it here to be clear about what we mean — but the law does not.
The law talks instead about:
- Parental responsibility — who makes the major long-term decisions about a child, such as schooling, medical care, religion and where the child lives.
- Who the child lives with, and who they spend time with — the practical arrangements for the child’s day-to-day life.
These are separate questions. A parent can share decision-making without the child’s time being split equally, and a child can spend substantial time with a parent who does not make the major decisions.
- Nominating appropriate communication channels
- How any disputes will be mediated
- Whether the other parent should be considered first when a babysitter is needed
- Whether the other parent should be considered first when a babysitter is needed
- Setting out relevant schedules, including-
- visitation schedules
- The child's living arrangements with each parent
- Schedules around special times like birthdays
- How school drop offs and pick ups will be handled
- How required changes to schedules will be resolved.
Consent orders Accepted by the Court
Making arrangements enforceable
Parents can apply to the Federal Circuit and Family Court of Australia for consent orders, which make the agreed arrangements enforceable.
If a parent does not follow a parenting order, the other parent can bring a contravention application. The court has a range of powers under the Family Law Act, which can include varying the order, ordering make-up time, requiring a parenting program, imposing a bond, ordering costs, and in the most serious cases a fine or imprisonment. There are also circumstances in which a parent has a reasonable excuse for not complying. What applies depends on the facts.
Even where parents agree, the court still has to be satisfied that the orders are in the best interests of the child before it makes them. It is not a question of what is fair between the parents. Getting legal advice before you apply is worthwhile.
If an agreement cannot be reached on a parenting plan, the parenting matter can be taken to the family law court in Maroochydore. A parenting order will be assessed similarly to consent orders. The court will determine what is in the best interest of the minor based on what it considers to be a fair and just outcome for both parties.
Parenting plan without agreement
Parenting order
Unfortunately, sometimes it’s impossible to resolve issues amicably, and court-mandated parenting orders are required.
Seeking parenting orders to settle disputes is a drastic action that should only be used once all other options have been exhausted. A parenting dispute is generally preferable to be resolved privately, without recourse to the family court. As such, before the court hears a case, you will usually be required to attend mediation with the other party.
Family Dispute resolution can take different forms but broadly relates to the process of coming to a consensus on a matter that avoids the need to go to court. This can be done informally with the assistance of family or community members.
Joint Parenting Plan
50/50 custody split?
While joint custody is preferred, this does not necessarily mean custody will be split 50/50. The court does believe it is in the minor’s best interests to maintain their relationship with both parents. Therefore, parenting arrangements should generally allow to spend time with both parents to maintain a meaningful relationship with each of them.
There is no requirement that the time shared between parents be equal. One parent will often become the primary caregiver, even though that parent may not have sole parental responsibility for all of the their well being and major life decisions.
Family Violence
Seek legal advice from a family lawyer
Family violence are taken extremely seriously by law firms and the family court. A minor’s safety is our paramount consideration and is likely grounds for sole custody.
Seek guidance from family law services if you are concerned about domestic violence and need to put parenting orders in place immediately.
Meet The Owner
Luke Shanahan
Principal Solicitor
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with support, parenting matters, divorce, property consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.
As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their family law services.
Take a look at what our clients say
Testimonials
Contact our Shanahan Family Law and book an initial consultation with an experienced child custody lawyer. We are based in Maroochydore, Sunshine Coast. We are here to support you every step of the way in your new life.
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Download Our Child Custody Guide
Get advice on navigating your parental plan with ease and confidence.