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Child Custody Agreements - Understanding Your Options

Child custody agreements, or parenting agreements, are a significant aspect of family law in Australia, aimed at ensuring the best interests of children whose parents are separated or divorced. These agreements outline the arrangements for the care, living situation, and upbringing of the child. While the primary concern is the welfare of the child, there are various types of arrangements available to suit the unique needs of each family. Read on to find out more.

What does Custody Mean?

The word custody is not recognised In the Australian legal system, instead, the Family Law Act 1975 uses terms such as “sole parental responsibility” or “equal shared parental responsibility.” This references the person/s who has responsibility to make decisions in relation to a child’s long term health and welfare.

The most common agreements are:

Sole Custody – Where one parent is granted legal and physical custody/care of the child. This parent has the authority to make major decisions regarding the child’s upbringing, education, healthcare, and more. The other parent might still have visitation rights, but they don’t have a say in significant matters unless specified by the court.

Shared Custody – Also known as joint custody, this involves both parents sharing legal and physical custody/care of the child. This arrangement requires a high level of cooperation and communication between the parents to ensure the child’s well-being. Major decisions are typically made jointly, while the child splits their time between both parents’ homes.

There can be numerous ways that custody can be shared. Parents may choose to alternate weeks, allocate particular days each week, or create a completely customised system that works for everyone involved.

Needs may change as the child or children get older, so it’s important to keep an open mind and be flexible to ensure the best interests of the children are always the top priority.

Other less common arrangements may include:

Split Custody – In a split custody arrangement, if there are multiple children involved, each parent is granted custody of at least one child. This arrangement acknowledges that the best interests of each child might be served by being with a specific parent.

Supervised Custody – Typically ordered when there are concerns about the child’s safety or the parent’s ability to provide proper care. In this arrangement, visitation with the non-custodial parent is supervised by a neutral third party or a social worker to ensure the child’s well-being.

No Contact or Limited Contact – In cases of abuse, neglect, or other serious issues, the court might decide that it’s in the child’s best interest to have no contact or limited contact with one parent.

What Happens When Parents Cannot Agree on Child Custody Arrangements?

When former partners agree on the parenting arrangements for their children, they can apply to the Family Court for consent orders and this makes the decision a formal, legal agreement. However, often parents simply cannot agree post separation, this is where mediation comes in. If an agreement cannot be reached at mediation, the court will then make orders about the sharing of parental responsibility.

The court takes into consideration a range of factors when making a parenting order to ensure the outcome is in the best interests of the child. They will consider the child’s own views, their level of maturity and understanding of the situation, their relationship with other relatives, the practical and financial difficulties of spending time with both parents and the parents’ abilities to care for their child.

It’s important to remember that every family is different, so there is no one-size-fits-all solution, and the best arrangement depends on the unique circumstances of each family. If you’re facing child custody decisions, it’s absolutely vital to seek professional legal advice.

Get in touch with the team at Robert Wood and Associates today. Whether you need a child custody lawyer or a divorce solicitor, Melbourne clients turn to us for expert advice. Call us today on 03 9762 3877 or reach out online now.