The Complete Guidebook to Child Custody
Divorce marks huge changes for kids. Custody arrangements should help them thrive. Family law encourages co-operative, child-centred co-parenting. This guide has practical advice and resources to help you organise custody.
Top points
- Child custody is called parental responsibility by the law.
- There are many types of custody arrangements.
- There are basic steps to a custody agreement.
- Child support can be part of the parenting arrangements.
- Follow our tips to make for smoother custody.
- Some cases can have complicating factors.
- There are resources and services for co-parents.
Child Custody in Australia
Child custody falls under “parental responsibility” in the Family Law Act. Both parents are responsible for their children. However, the Court may order different arrangements. Generally, both parents are expected to contribute to long term decisions. These include a child’s education, health and overall wellbeing.
Custody arrangements vary between families. No two situations are the same. Some parents share equal time with the child. Others divide decision making to suit the child’s needs.
Types of Custody Arrangements
Here are common types of child custody arrangements.
Equal Shared Parental Responsibility
Both parents make major decisions about the child’s upbringing. These don’t include day-to-day decisions. Those are handled by the parent with care of the child. Each parent contributes to every decision.
- Where will the child go to school?
- How will you manage their religious or cultural development?
- Do they have specific health needs that require ongoing care?
Most parents want a say in all of these matters.
Sole Parental Responsibility
One parent has the legal power to make big decisions about the child. This isn’t as common. But it can be necessary in some cases. Sometimes, one parent can’t make informed decisions.
For example, a child has a significant health issue. They’ve lived with one parent most of their life. That parent has been to doctor’s appointments and knows more about the child’s condition. The other parent agrees their spouse should make all healthcare decisions.
Shared time
The child spends equal time with both parents. This can work if the parents live close by and have similar work schedules. For example, they may decide the child switches households each week. This gives both parents significant time with the child.
Primary Custody with Visitation
The child lives with one parent most of the time. The other parent has visitation. Parents can’t always share caring duties equally. This may be because of work or physical distance.
This can be good for the child. Having one parent as the primary carer provides stability. Going back and forth between homes can be stressful. Through visitation they can still have a positive relationship with both parents.
Supervised Visitation
The Court may order supervised visits. This is often because of safety concerns. But not always. Some children have spent little to no time with one parent. Children can feel uncomfortable alone with an unfamiliar parent. Supervised visits help to reintroduce the child to their parent and form a bond.
Supervised visits are managed by a Children’s Contact Service. They facilitate safe handovers and may supervise the visit.
The Legal Process for Custody
These are the steps for legal custody.
Discussion and Family Dispute Resolution
Co-parents should talk about custody if possible. Communicate respectfully and constructively. Your priority is your child’s well being. Discuss visitation arrangements and all long term decisions.
Family Dispute Resolution (FDR) helps parents who can’t agree. FDR services help parents collaborate without going to court. Services like Family Relationships Online offer support.
Create a Parenting Plan
Parenting plans aren’t legally binding. Is this an issue? Not necessarily. They set clear expectations for co-parents that can cooperate. A full parenting plan should include:
- Living arrangements and visitation schedules.
- Schooling decisions.
- Healthcare and medical needs.
- Religious and cultural upbringing.
- Communication methods between parents.
- Holiday and special event arrangements.
- Change-over methods.
- Conflict resolution strategies.
A parenting plan can be turned into a Consent Order for legal enforceability. Both parents must agree to consent orders. They have the same effect as a parenting order. They are generally recommended over litigation. Parents avoid costly legal battles and emotional strain. Get legal advice before starting any legal process.
Parenting Orders
Parents can go to Court for parenting orders if their disputes aren’t resolved. These orders cover custody arrangements, decision making responsibilities and other relevant factors. Don’t take this course lightly. Explore mediation first.
Enforcement of parenting orders
Legal action can be taken if one parent doesn’t comply with a court order. Breaching an order without a valid reason is a serious offence. An offender can face various penalties. The Court has wide discretion to deal with parents who disobey an order. Penalties can include:
- Changing the custody arrangement to give one parent more time with the child.
- Ordering the offending parent to attend a parenting program from an approved counselling service. This program teaches the parent about their responsibilities and conflict resolution.
- A parent may be fined or even go to jail in extreme cases. This is usually for repeat offenders.
Child Support
Child support assists the parent with caring duties if they’re financially unstable. Services Australia assesses payments based on income, number of children and care arrangements. Parents can also make private agreements by consent.
If a parent doesn’t meet their financial obligations, the government can enforce payments through wage deductions and legal action.
Practical Co-Parenting Tips
Good Communication
Co-parenting relies on good communication. Tips for good communication include:
- Using respectful and neutral language.
- Keeping the conversation child focused.
- Using written communication (emails, texts) if verbal conversations become difficult.
- Using co-parenting apps to manage schedules.
Managing Conflict
Conflict should be managed maturely for the child’s sake.
- Don’t discuss disagreements in front of the child.
- Use mediation services if conflicts get out of hand.
- Focus on solutions, not past hurts.
Blended Families & New Partners
Introducing new partners can be tricky. Remember:
- Keep the child safe and secure.
- Tell the other parent about the new family dynamics.
- Don’t force relationships. Let the child adjust naturally.
Special Circumstances
Every parenting arrangement is different. Some require a special response.
Domestic Violence & Child Safety
Domestic violence is a serious issue. The 2021-22 Personal Safety Survey showed 13% of adults witnessed family violence before 15. The Court can make protection orders or supervised contact orders to protect the child. Services like 1800RESPECT and Legal Aid help affected families.
Interstate & International Custody
Relocation can be a complex issue. If one parent wants to move interstate or overseas with the child, they must get consent from the other parent or go to Court. The Hague Convention helps resolve international parental child abduction cases. But not all countries are signatories to the Convention.
Countries that aren’t signatories to the Convention make things more complicated. Advice from a legal service in that country can help. The Department of Foreign Affairs and Trade may be able to offer limited assistance.
Dealing with a Non-Compliant Co-Parent
What if the co-parent won’t follow the custody arrangement? You have options:
- Mediation to resolve disputes.
- Apply to the Court for enforcement orders.
- Document the incidents of non compliance.
Resources & Services
There are many services to help with custody:
- Family Relationships Online – Information and mediation.
- Legal Aid Queensland – Free advice and low-cost legal support.
- Parenting Orders Program – Support for parents with custody disputes.
- 1800RESPECT – Domestic violence services.
Child custody doesn’t have to be tough. With the right approach and knowledge, you can have a good co-parenting arrangement with your ex. Use our guide to get started with co-parenting.
Peter has been fantastic to work with. He has advised me on some consent orders by which he’s been super prompt and clear in his communication with me, in addition to being patient, personable and professional.
- Carly Jones