When a relationship ends and children are involved, working out where they’ll live, how time will be shared, and who makes the big decisions is often the hardest part of separation. In Australia, these questions fall under what the law calls “parenting arrangements” — and getting a handle on how the system works can make a stressful time feel a little more manageable.
Parenting arrangements cover the practical and legal side of raising children after parents separate: living arrangements, time spent with each parent, communication between households, and decisions about schooling, healthcare and religious upbringing. The starting point under Australian family law is that arrangements should reflect what is in the best interests of the child, rather than what is most convenient or fair to either parent. That focus shapes almost every part of the process.
When People Typically Need to Instruct a Solicitor
Many separating parents are able to agree on arrangements informally or with the help of family dispute resolution (mediation), and formalise them in a written parenting plan. A solicitor usually becomes important when:
parents can’t agree on a workable arrangement; there are concerns about a child’s safety, family violence, or a parent’s ability to care for the children; one parent wants to relocate a significant distance, including overseas; or an informal agreement needs to be made legally enforceable through consent orders. In more contested matters, a solicitor can also help explain how courts generally weigh factors like a child’s existing relationships, each parent’s capacity to meet their needs, and any risks to the child’s wellbeing.
It’s worth noting that in most cases, parties are required to attempt family dispute resolution and obtain a certificate before applying to court for parenting orders, except where exemptions apply — such as urgent safety concerns. A solicitor can help work out whether a matter is likely to qualify for an exemption or needs to go through that process first.
What to Expect From the Process
Where parents can reach agreement, the process is often relatively straightforward: put the arrangement in writing, and if enforceability matters, apply to have it made into consent orders. Where there’s genuine disagreement, the path generally involves family dispute resolution first, followed — if that doesn’t resolve things — by an application to the court. Court proceedings can take considerable time, particularly if the matter is contested, and often involve family reports, interim arrangements while the case is ongoing, and multiple hearings before final orders are made.
Throughout this, the tone and evidence presented matter. Courts generally look unfavourably on parents who appear to be using proceedings to punish an ex-partner rather than genuinely focus on the children’s welfare, so a solicitor’s guidance on how to present a matter can be valuable even in emotionally difficult circumstances.
Red Flags and Time Limits Worth Knowing
A few general points are worth being aware of, though the specifics of any matter should always be checked with a qualified solicitor. First, arrangements aren’t necessarily permanent — as children grow older or circumstances change, arrangements can sometimes be revisited, though repeatedly reopening settled matters is generally discouraged by courts. Second, if family violence or a genuine risk to a child’s safety is a factor, this changes the process significantly, including in relation to family dispute resolution requirements, and should be raised with a solicitor as early as possible. Third, informal agreements that aren’t formalised into consent orders can be difficult to enforce if one parent later doesn’t comply, which is why many people choose to take that extra step even when relations are amicable.
Every family’s situation is different, and the right approach depends heavily on individual circumstances, including which state or territory the family is in for related matters like child support administration or state-based family violence orders.
Getting the Right Support
Sorting out parenting arrangements is rarely just a legal exercise — it’s also an emotional one, often happening at a time when things already feel overwhelming. Having a solicitor who understands both the legal framework and the practical realities of co-parenting can make a real difference to how smoothly the process goes.
If you’re trying to work out parenting arrangements after separation and want to be matched with a solicitor who handles family law matters like this, submit an enquiry with Request Legal Service and we’ll help connect you with someone suited to your situation.
This article is for general informational purposes only and is not legal advice. Laws vary across Australian states and territories, and can change over time — for guidance on your specific situation, speak with a qualified solicitor or lawyer. Request Legal Service does not act as a law firm or provide legal representation.