Parenting arrangements including  custody and access can be sorted out between the parents or by those who have parental responsibility.  These arrangements can remain in place on an informal basis or can be formalised through parenting plans or parenting orders.

Parenting orders are legally binding arrangements which can cover a wide range of matters including:

  • Parental responsibility and decision-making powers
  • With whom the child will live (formerly known as Custody)
  • The amount of time a child will be spend or communicate with the other parent (formerly known as Access)
  • Special issues and

If no out-of-court agreement can be reached, then an application for parenting orders may be made. A parenting order may be applied for by:

  • A parent of the child
  • The child
  • A grandparent
  • Any other person concerned with the care and welfare of the child

The decision is then made through a court hearing. The court bases its decision on what is in the best interest of the child. More information about how the court makes its decision can be found Section 60CA, Section 60CC and Section 64B of the Family Law Act 1975.

For a confidential discussion about which arrangements would best suit you, contact Claire Naidu & Co via email at enquiries@clairenaidu.com.au or call us on 0410 557 276.