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Parenting Arrangements

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You know what’s best for your children. We know how to make this a reality after separation. We fight hard to help you secure parenting arrangements that are best for your children and right for your situation.

Every parenting matter is different and there is no ‘one size fits all’ approach when dealing with Relocation Applications. Relocation cases are complex and parties usually only get one chance. As such, you should obtain expert Family Law advice, preferably before you even broach the subject with your ex-partner.

We can assist you to negotiate with your ex-partner both through correspondence and at mediation. If the matter is unable to settle, we can assist you with the appropriate Application and represent you in the Federal Circuit and Family Court of Australia.

Parenting Arrangements After Separation

After separation, parents often need to come to arrangements between about:

  • Who the children are to live with,
  • How much time their children will spend with each parent and other people such as grandparents,
  • The allocation of parental responsibility (i.e. who is to make major long-term decisions for the children),
  • How to make important decisions about a child (eg. choice of school, medical decisions or relocating away from a parent),
  • The involvement of third parties, such as a new partner,
  • How a child or children will communicate with a parent they do not live with, or other people,
  • Arrangements for special days and holidays, and
  • Arrangements for a child or children to travel with one parent.

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The Best Interests of the Child

When considering Parenting Arrangements and making Parenting Orders, the Court must regard the best interests of the child(ren) as the paramount consideration.

How to Determine What is in a Child’s Best Interests

The Court determines what is in a child’s best interests by taking into consideration the following six (6) factors which are are set out in the Family Law Act 1975 (Cth).

  • What arrangements would promote the safety of the child and any person who has care of the child, including safety from being exposed or subjected to family violence, abuse, neglect or other forms of harm.
  • Any views expressed by the child/ren.
  • The developmental, psychological, emotional and cultural needs of the child/ren.
  • The capacity of the child’s parents and/or caregivers to provide for the child’s developmental, psychological, emotional and cultural needs.
  • The benefit to the child of being able to have a relationship with the child’s parents and other significant people to the child, where it is safe to do so.
  • Any other relevant matter.

Family Violence Considerations

In considering the best interests of the child/ren, the Court must also consider:

  • Any history of family violence, abuse or neglect involving the child or a person caring for the child.
  • Any family violence order that applies or has applied to the child or a member of the child’s family.

Right to enjoy Aboriginal and Torres Strait Islander culture

There are a number of additional considerations which the Court must have regard to if the child is an Aboriginal or Torres Strait Islander child.

Any Parenting Order must consider the child’s right to enjoy their Aboriginal or Torres Strait Islander culture by having the support, opportunity and encouragement necessary:

  • To connect with and maintain their connection with members of their family, community, culture, country and language,
  • To explore the full extent of that culture, consistent with the child’s age, developmental level and the child’s views, and
  • To develop a positive appreciation of that culture.

When You Agree

Sometimes parents are able to reach an agreement about parenting arrangements which should be documented in practical terms. Our experienced Family Lawyers can help you to document the agreement and will discuss with you the best format for your particular agreement.

When You Don’t Agree

When you can’t reach agreement with your ex partner about any of these issues, we encourage them to understand and agree with your position by:

  • Writing to them, or their Family Lawyer, providing legal reasoning in support of your proposal
  • Attending a Mediation with you so we can support you to discuss your proposal with the other parent
  • Preparing a document containing the parenting arrangements to bring a clear understanding to your proposal

We will guide you through what types of issues need to be resolved and help you develop a plan that will work as your children grow.

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Mediation

If parents are unable to reach agreement, the parties must first attempt Mediation (also known as Family Dispute Resolution) before the Court will accept an Application for Court Orders about parenting arrangements.

This requirement has been put in place so that parties make every effort to reach agreement before going to Court and is compulsory except in limited circumstances (including urgency, risk of harm to a child, or presence of family violence).

What issues can I resolve at Mediation?

Typical issues dealt with during Mediation include:

  • Who the child/ren are to live with

  • How much time they are to spend with the other parent

  • Involvement of third parties including step-parents and grandparents

  • Allocation of responsibility for payment of additional child related expenses (not dealt with in a Child Support assessment)

  • Arrangements for special days and holidays

  • Arrangements for how you and your ex are to communicate with each other about the children

Mediation eGuide

Be prepared to Mediate Property and Parenting disputes.

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Going to Court

Parenting arrangements are incredibly time-sensitive. A delay of months, weeks or even days can impact on your outcome.

Where agreement cannot be reached, it may be necessary to go to Court to get a decision made so that life can move forward. You might decide to start Court proceedings or you receive Court documents from your ex. Our Family Lawyers are experienced advocates who work in the Federal Circuit and Family Court system every day. They will fight for the best outcome for you and your family, while keeping you involve every step of the way.

170+ 5 Star Google Reviews

Mathius Frost

Clare, Emma and the team were fantastic at talking me through my case.

I appreciated their honesty and professionalism throughout the process. I would highly recommend them.

Jessica Herb

If you ask me a recommendation for a reliable solicitor, I will say “ I only trust Tayleh”

I was in deep frustration and anger when my ex husband took my son away second time in 5 years till Tayleh Soames took over my case. Tayleh is not only a professional lawyer but also a life coach. Her comprehensive experiences in family law and dedicated devotion to vulnerable people are priceless!!! I was well supported by Tayleh from both legal and emotional perspectives!!! If you ask me a recommendation for a reliable solicitor, I will say “ I only trust Tayleh”

Matt Day

From December 2024 to September 2025, Simone demonstrated exceptional professionalism and expertise in handling my family law matter.

She consistently provided clear, timely advice even when things got heated and effectively advocated on my behalf, achieving fantastic results with the end product. I cannot recommend Simone highly enough and plan to happily re-engage with her for future matters.
This also extends to Simone’s legal assistant Emma who was always quick to answer and displayed the same level of professionalism when engaging with her. – matt day

Louise Manning

Navigating a toxic, high-conflict divorce and family matter is something I wouldn’t wish on anyone. Throughout this incredibly painful and draining journey, Linda and Kylie have been my unwavering advocates, guiding me through each step with professionalism, compassion, and strength.

They not only protected my children and I from further harm but ensured my best interests were always at the heart of every decision. Their ability to cut through the chaos, bring clarity in the darkest moments, and fight firmly yet fairly has been nothing short of extraordinary.

Thanks to their dedication, I have been able to step away from the monster of my past and rebuild a safe, hopeful future for myself and my children. Words will never be enough to express my gratitude and admiration for their tireless work over 4 years. They were more than just my solicitors, they were a lifeline when I needed it most.

I wholeheartedly recommend Linda and Kylie to anyone who finds themselves in need of strong yet compassionate representation. They are not only exceptional solicitors, but truly remarkable women who genuinely care about the lives they touch.

Thank you for all your hard work and tireless efforts.

Shane Carroll

Monique made this terrible experience easy to get through.

She knew exactly what we needed to do and when to do it. I can’t recommend them enough best of the best.

Hannah Grah

She worked tirelessly to prepare our case and was always available to answer our questions and ease our concerns. What could have felt overwhelming and isolating instead felt manageable with her guidance.

What a wonderful team to work with and have on our side during one of the hardest times of our life. After my husband’s son was unilaterally relocated 18 hours away, we were desperate to find a solicitor and start proceedings immediately. Tayleh already had a busy case load but was happy to support us and get proceedings started as early as possible. From the very beginning, she was compassionate, approachable, and professional, always making sure we understood each step of the process.

We are truly grateful for the dedication, support, and expertise provided, and we could not recommend Tayleh more highly to anyone needing family law representation. Thank you for bringing our boy home. We are eternally grateful!

Fiona Minnis

I highly recommend Blaise and the team at Delaney Roberts to anyone in need of expert legal representation delivered with empathy and integrity. Thank you for everything!

I cannot thank Blaise Minter and the incredible team at Delaney Roberts enough for their unwavering support and expertise during what has been an incredibly difficult few years. From start to finish, Blaise provided clear, compassionate, and strategic guidance, ensuring I felt informed and empowered every step of the way. Her professionalism, attention to detail, and deep understanding of the legal complexities made a world of difference, and I always felt like I had a team genuinely invested in achieving the best outcome for me. The support and care I received went beyond just legal advice—it was truly reassuring to know I had such a dedicated team by my side.

Anne Burdekin

I have loved Clare’s honesty and how she listens and explains things to me all of the time.

She puts in a lot of care and effort for her clients and achieves a good outcome. I have complete trust in her.

T

My sincere gratitude for getting this arranged with commensurate alacrity, it is thoroughly appreciated!.

Sarah Jackson

From initial consult all the way to completion of my family law matter, Monique made me feel cared for, heard and ensured only the best for my situation.

When picking someone to entrust with your own personal situation, you want to have someone that is in your corner, and that’s what I found with Monique and Jill. The entire process was made easy, and they handled everything with the utmost professionalism. I truly appreciated their personalised service, care and advice. I highly recommend them and the team at Delaney Roberts. Thank you again Monique and Jill, you have both made a hard and difficult situation less stressful.

Matt Stoddart

Linsey Wilson and her team of experts at Delaney Roberts where exceptional in understanding my situation and implementing a strong fair case towards custody with my daughter.

During the year it took to complete the final orders to be placed, Linsey went above and beyond countless times and acted immediately after our first consultation which resulted in me being able to see my daughter after 3 weeks of her being withheld. I wish that no parent will have to endure what myself & my daughter have had to go through, but with the help & guidance of Linsey this process was made with assurance for an end result. So again a great outcome for myself & my daughter all thanks bro the fantastic work of Linsey & her approachable team at Delany Roberts.

Kate Palmer

Clare was informative, responsive and attentive to my needs and always actioned what she said she would.

After an average experience with a previous lawyer, I was humbled by Clare’s assistance in my Family Law matter. I would recommend Delaney Roberts.

Luke Parkinson

Clare was always concerned about what it would cost me and helped me get the best possible outcome without it costing me a fortune.

Clare is amazing. After listening to what I wanted to get out of my case, she explained in detail what was realistic and what wasn’t. Hopefully won’t need another lawyer but would definitely use her services again.

Geraldine Williams

I’m so appreciative of the support, guidance and legal advice Monique Allan has provided for my family law matter.

Thank you Monique and Jill. Monique has worked with me through some stressful situations and I highly recommend her not only for her knowledge and expertise, but also for her calm and fair approach during a difficult time.

Xanthe Barratt

Clare McAteer is a highly competent and caring solicitor who always ensures that her clients feel comfortable and informed at all times.

Highly recommend! If you’re looking for a kind, personable and efficient lawyer, I couldn’t recommend her enough.

Jessica Radisich

When deciding who is the best person to represent you and put your families best interests first you can’t go past Linsey Wilson at Delaney Roberts Adamstown. From the day we walked in her office we knew we had the most professional lawyer to guide and direct us to a successful outcome.

Kellie Payne

There is no limit to the care they show for their clients and to get an email out of business hours to me just shows that they care, just because the lights are turned off in the office doesn’t mean they stop thinking about you!

“I have been dealing with Delaney Roberts for a few months now and I could not be happier with the way they conduct business and the service they provide.
I have had dealings with Clare McAteer and Linsey Wilson and I must say that they are both amazing women and are fantastic in the jobs they do.
Considering the matter that I have enlisted their services, they have never made feel like I was just another case number. Instead I am a person and I matter. I would have absolutely no hesitation in recommending Delaney Roberts. Keep up the great work.”

Jessica Fenton

Love love love. Linsey has made my family law matter so easy to deal with. Accomplishing time with my son after 2.5years apart. Words can not express my gratitude.

Lucky Carathanassis

Clare was extremely informative. Understand my issue and a guided which is proving positive for my unfair AVO scenario linked to Family court matter.

Angela Shadur

Linsey was amazing to deal with for our family law matter.

Very knowledgeable and answered all of our questions upfront with no run around like other lawyers have given us. Our consult was very long compared to what other lawyers offer for the same price. Feeling very at ease about working with her in the future.

Emma & Jeffery Boslem

Thank you once again to Linsey Wilson and Delaney Roberts Specialist Family Lawyers, we would not hesitate to use you again in the future if the need arises and would highly recommend your services to anyone.

It is with great respect and gratitude that we write this Google referral for Delaney Roberts, Specialist Family Lawyers at Adamstown, Newcastle, and in particular Linsey Wilson – Senior Associate Solicitor.

Earlier this year we had the need for a family law specialist solicitor for a complicated matter. We had never had any experience in family law matters previously and as we are living in the UK and required an Australian solicitor to represent us locally in Newcastle it was a daunting and overwhelming process to face.

We approached several firms who were not willing to take our case and then we were recommended to Delaney Roberts. All staff we encountered were friendly and responsive and willing to listen to the particulars of our matter. After initially corresponding with Samantha Miller, we were appointed to Linsey Wilson who had the most experience and expertise to represent our specific matter.

From the onset we were very impressed with the seamless manner in which Linsey was able to put us at ease and have full confidence in her abilities and skill as a lawyer. Linsey really made a difference in our case with her personal and caring approach to our matter. At all times we had full trust in Linsey’s commitment to gaining the outcome we were seeking.

Communication between the time zones was not a problem, Linsey tailored appointments at convenient times to us on a variety of forums, including video meetings, emails, and phone calls. Linsey was outstanding in her coordination of communication with two other solicitors who were involved locally in our matter and a UK solicitor. It was so reassuring to be secure in the knowledge that our solicitor had everything at hand – no need for us to chase.

To say we were satisfied with Linsey’s strategic approach to our matter, her organisation, preparation and how Linsey conducted herself in the court proceedings is an understatement. We could not be happier with the successful outcome of our court matter and believe we would not have had the same outcome with another lawyer or firm.

Many who spoke with us during our process voiced that they would not like to be in our lawyers shoes and that it was unlikely that the court would rule in our favour. Perhaps if those who voiced these opinions had the pleasure to have a lawyer such as Linsey Wilson of Delaney Roberts Specialist Family Lawyers represent them they would experience the wonderful feeling we have when everything comes together and ensures that the system really works.

Meagan O'Brien

I would highly recommend Monique Allan. Monique is very attentive and professional. I felt my feelings were validated and I had her support and reassurance throughout the process of settling a family law matter.

Rachel Evans

My only regret is that I didn’t find Linda immediately after separating.

I came to Linda Hackney at Delaney Roberts exasperated after 18 months of little progress with parenting issues. Linda listened, and then proposed an appropriate course of action that once implemented bought about a resolution that sees my children and I finally have certainty. Linda and her team are professional, thoughtful, compassionate, and get results.

Naomi McMilan

Clare’s knowledge is unrivalled, her bubbly personality reassured me from the start.

It’s with a heavy heart I wrote this review because it means my journey with Clare and Bianca is over. I met the girls during a very difficult time in my life and they were the light helping me navigate through. Bianca was always available to answer any question no matter how random or silly it was. This dynamic duo are the people you want in your corner, they go above and beyond and surpassed my wildest expectations. I hope I never have to use their service again but if I do they’ll be the first people I call on. I love you girls so much, you’re become part of my tribe and you laugh at my jokes what more could someone ask for.

Alondra Larenas

Clare was caring, very professional and provided a complete picture of my alternatives highlighting the advantages and disadvantages.

I had a wonderful experience receiving advice from Clare at Delaney Roberts. I strongly recommend giving them a call if you need a Family Lawyer.

Jenni-lee Ekert

Clare gave me her honest and best advice at each turn and we managed to get an excellent outcome.

My dealings were for a family settlement, Clare helped me every step of the way. Family breakdowns are hard and Clare was extremely understanding throughout the whole process, I felt very comfortable dealing with her and I can’t recommend her enough. Amazing.

Our Parenting Arrangement Lawyers

Anna Roberts

Managing Partner
Family Dispute Resolution Practitioner
Newcastle

Anna specialises in assisting the spouses of high-income professionals and executives to take control and make a fresh start.

Simon Clinch

Head of Family Law (Sydney)
Special Counsel
Sydney

Simon specialises in complex property division and parenting matters for established professionals including cases involving substantial asset pools, family businesses, and high-value superannuation interests.

Linda Hackney

Special Counsel
Newcastle

Linda is highly regarded as an experienced Family Lawyer who resolves complex property settlements including those with businesses, companies, family trusts, unit trusts, Self Managed Super Funds and insolvency issues.

Monique Allan

Special Counsel
Accredited Specialist (Family Law)
Newcastle

Monique specialises in complex financial settlements, including for families involved in the defence force, prioritising resolutions without litigation whenever possible.

Clare McAteer

Senior Associate Solicitor
Accredited Specialist (Family Law)
Newcastle

Clare displays a masterful approach to resolving Family Law property matters complicated by an intersection with other legal issues.

Blaise Minter

Senior Associate Solicitor
Newcastle

Blaise is a compassionate Family Lawyer who specialises in helping separated parents with children aged 0 to 5 years achieve amicable resolutions that are in the best interests of the children, outside of Court.

Tayleh Soames

Senior Associate Solicitor
Adamstown

Tayleh excels in resolving complex property and sensitive parenting disputes, ensuring favourable outcomes for her clients.

Simone Johnson

Associate Solicitor
Family Dispute Resolution Practitioner
Newcastle

Simone is a compassionate advocate who regularly assists clients with complex parenting and property matters involving family violence, financial control, mental health concerns and substance abuse issues.

Rhiannan Earl

Associate Solicitor
Sydney

Rhiannan is highly skilled in successfully advocating for her clients to establish safe and child-focused parenting arrangements in circumstances of family violence and coercive control, relocations and other complex issues.

Olivia Shedden

Solicitor
Adamstown

Olivia is committed to guiding families through Parenting and Property matters with empathy and expertise, prioritising resolution without Court proceedings.

Megan Frew

Solicitor
Newcastle

Megan assists clients navigating parenting and property matters, prioritising practical, collaborative outcomes and providing clear, supportive guidance through court processes when needed.

Piper Lovett

Solicitor
Newcastle

Piper assists clients through family law matters with a culturally informed and compassionate approach, helping them navigate challenging transitions with clarity and care.
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FAQs

Can the Federal Circuit and Family Court make Orders in relation to property and children on an urgent basis?

Yes, the Court can make interim Orders in relation to property and children’s matters at any time. An interim Order is an Order made before the final determination of an Initiating Application.

For example, a party may apply to the Court for an interim Order to decide where a child lives until such time as a final hearing. Other examples include applying to the Court for urgent Spousal Maintenance or injunctions to prevent a party from disposing of assets.

How are Parenting Arrangements Worked Out After Separation?

Parenting Arrangements may develop naturally and easily from the time of separation, or with the assistance of Family Lawyers, a Mediator or by an Application to the Court for Parenting Orders.

How Does a Court Ascertain a Child’s Best Interests?

Each party may provide evidence in the form of an Affidavit in relation to the best interests of the child. In order to get a complete picture of the child’s best interests, if there is a high degree of conflict and/or allegations of risk, an Independent Children’s Lawyer may be appointed by the Court. Their role is to represent the best interests of the child(ren).

The Court may also make Orders for the preparation of an Expert Report by a Family Consultant / Child Expert to assist the Judge in determining what Orders are in the best interests of the child(ren).

Is a Parenting Agreement Legally Binding?

In Australia there are three main ways to have a Parenting Agreement:

Orders made by the Court.

  • Orders are legally binding and enforceable.
  • Orders can be made by agreement between the parties. The agreement is filed with the Court and us made into Court Orders without the need for the parents to attend Court. The Court will consider whether the proposed agreement is in the child/ren’s best interest and, if so, will make the Consent Orders.
  • The parents must strictly comply with the Court Orders or risk punishment for breach, unless the other parent consents to the change.
  • Orders may be preferred where there is limited trust between the parents and where clear and enforceable arrangements are necessary.

A Parenting Plan.

  • A written, signed and dated agreement that is not legally enforceable but provides in writing the parenting arrangements that are intended by the parents.
  • A Parenting Plan is considered by the Court if Court proceedings end up being necessary and may be considered an indication of what each of the parents thought was a workable arrangement in the best interests of the child/ren.
  • A Parenting Plan can be easily updated and amended as children get older and therefore allows parents flexibility in making arrangements for the child/ren.
  • A Parenting Plan may be preferred for very young children (such as for a child under 5 years of age who will be able to spend increased time with the non-resident parent as time passes), or for older children of around 12 years and above where parents are unwilling to lock in arrangements as the child may start “voting with their feet” by making decisions themselves as to the parenting arrangements that suit them.

An informal agreement.

  • Arrangements which are verbally agreed between parents.
  • While this offers flexibility this is not legally binding and can be difficult to clarify in the case of a misunderstanding as it is not in writing.
  • This type of arrangement is best suited to parents who have a high level of trust and a co-operative co-parenting relationship.

The type of parenting agreement you need, depends on your individual family, the co-parenting relationship and the particular needs of the child/ren.

What Should be Included in a Parenting Agreement?

A Parenting Agreement should cover all important matters in relation to your children.

It should include:

  • How long term decisions are to be made (such as major or long term medical/dental treatment/prescriptions and choice of school),
  • The time that children spend with parents and how this will occur,
  • Arrangements for special occasions,
  • Arrangements for school holidays,
  • Methods of communication,
  • Arrangements for international travel.

When negotiating your Parenting Agreement remember to consider the longevity of the agreement, including what is important to you in how you raise your children, particularly as time passes.

What Happens When my Ex Doesn’t Follow the Parenting Plan?

A Parenting Plan is not a legally enforceable agreement. This means that if a parent does not follow a Parenting Plan you cannot ask the Court or the police to enforce it. However, it is likely to be taken into consideration by the Court in working out what you each considered to be workable Parenting Arrangements and in the best interests of the child/ren.

In non-urgent matters you should try and speak with your former partner and to see if you can work things our. Participating in Mediation may help you reach a new Agreement.

If your former partner continues not to follow the Parenting Plan, you may want to consider engaging a Solicitor to formalise your agreement as Consent Orders which are legally binding and enforceable and therefore not subject to being changed or not followed by the other parent.

A Solicitor can give you tailored advice about the options available.

What if I have children under 18 years of age?

Until the Court makes an order in relation to long term decision-making, both parents can make long term decisions in relation to a child, even if the child is not living with them. Each parent may continue to make short term decisions for a child whether or not a Court order has been made in relation to decision making.

The Court can make an order for one or both parents to make major long-term decisions in relation to a child. If one parent is ordered to have sole-decision making responsibility, they are permitted to make major long-term decisions in relation to the child without the consent of the other parent. If an Order is made for the parents to have joint decision-making responsibility for a child, the parents must agree on major long-term decisions for the child.

The Court can also divide decision-making responsibilities. For example, one parent may have decision-making responsibility in relation to a child’s medical concerns, with other major long-term decisions to be made jointly by the parents. While decision-making responsibility is in relation to major long term issues, matters such as haircuts, personal hygiene, packing lunches, appropriate discipline measures or other day-to-day decisions may be made independently by each parent while the child is on their care.

Where parties can agree to the living arrangements for a child, they can enter into a Parenting Plan or file their agreement with the Court for Consent Orders to be made.

If a child under the age of 18 is predominantly living with you, you should make contact with the Child Support Agency if you wish to seek financial support from the other parent for the costs of care of your child.

If you are applying for a Divorce, a brief summary of the arrangements in relation to your child or children are required to be set out in the Divorce Application – including living arrangements, care arrangements, schooling and child support. You may also be required to appear in front of the Deputy Registrar of the Federal Circuit and Family Court of Australia to provide further information regarding proper arrangements that have been made your child or children.

Book First Step Appointment 1300 760 773
Key Practice Contact
Monique Allan
Special Counsel
Accredited Specialist (Family Law)