What Happens to the Kids?
Understanding Parenting Arrangements After Separation in NSW
When a relationship ends, one of the most pressing questions parents face is:
“What will happen to the kids?”
In Australia, parenting arrangements after separation are determined based on what is in the best interests of the child, not what either parent believes is fair or equal.
Whether you’re amicably separating or involved in a high-conflict dispute, understanding how parenting decisions are made is essential. Allwright Bourke Lawyers & Conveyancing helps families across regional and rural NSW develop parenting arrangements that are child-focused, legally sound, and practical.
The Legal Framework for Parenting Arrangements in NSW
Under section 60CC of the Family Law Act 1975, the Court uses a list of factors to determine what arrangements best support a child’s wellbeing. These principles guide both Court decisions and out-of-court agreements:
- The safety of the child and of each person caring for the child – Protection from physical, emotional, and psychological harm is the highest priority.
- The child’s developmental, emotional, psychological, and cultural needs – The Court considers the child’s age, cultural background, and mental health.
- The benefit of the child maintaining relationships with both parents and other significant people – Including grandparents, siblings, and extended family.
- The views of the child – Children’s opinions are considered based on their age and maturity.
- Each parent’s ability to meet the child’s needs – This includes financial stability, emotional support, and capacity for practical care.
- Any other relevant factor – These might include school commitments, travel distances, or special needs.
These factors ensure that decisions are child-focused, not parent-centered. They also form the foundation of any parenting plan, consent order, or court decision involving children.
Even if your parenting matter doesn’t go to Court, these same principles will guide the legal advice and recommendations you receive. Most parenting arrangements can be agreed upon outside of Court and formalised through Consent Orders or a Parenting Plan.
How to we formalise our Parenting Agreement?
If you are able to reach an agreement about what happens with the children, there are two ways to formalise that agreement.
- A Parenting Plan is a written agreement between parents. It’s flexible but not legally enforceable. Because parenting plans are not legally binding, we do not recommend parenting plans, unless:-
- there is no risk and there is a high level of trust between the parents ; or
- You are either trailing a plan or need a lot of flexibility due to changing circumstances or employment.
- Consent Orders are filed with the Federal Circuit and Family Court of Australia , are endorsed by the Court and are legally binding. They offer greater protection and clarity. There are consequences for not following Consent Orders and we recommend Consent Orders in most circumstances.
What if we can not agree on what will happen with the kids?
If you are struggling to agree on what parenting arrangements should occur, it is mandatory to attempt to mediate before any Court proceedings are commenced, unless there is risk or urgency.
There are different types of mediation and we highly recommend that you get legal advice before you go to a mediation.
At Allwright Bourke, we support separating parents to resolve disputes through negotiation and mediation wherever possible. This approach helps reduce stress, avoid litigation, and ensure your children’s needs remain front and center.
If mediation is not successful, or if there is a high level or risk or urgency, you may need to commence Court proceedings in the Federal Circuit Court and Family Court of Australia.
The Federal Circuit Court and Family Court of Australia has some great resources to explain the Court process, if proceedings are needed.
A Team You Can Trust
We understand that navigating parenting arrangements after separation in NSW can feel overwhelming. You want what’s best for your children, but emotions and conflict can make it hard to see a clear path forward.
Our experienced family law team offers honest and strategic legal advice, child-focused and practical solutions, support through negotiation, mediation, or litigation, and a commitment to clarity, empathy, and results.
If you’re looking for guidance on parenting arrangements after separation in NSW, we’re here to help. Let us assist you in creating arrangements that support your child’s wellbeing, now and into the future. We serve families across regional and rural New South Wales.
Contact our experienced team today at admin@allwrightbourke.com.au.