What to consider when going through separation in NSW
Key factors for parenting arrangements and protecting your child’s best interest
Working Out Parenting Arrangements
When children are involved – it is always about what is in their best interest.
Each and every family and child is different and every parenting arrangement will be different and based on what is right for your family.
Whilst the children having a meaningful relationship with both parents is very important – the paramount consideration is ensuring that your child is physically and psychologically safe.
To determine who the child/ren should live with and how much time they should spend with the other parent, we must consider the “best interests” of the children according to section 60CC Family Law Act 1975.
THE COURT WILL CONSIDER SIX MAIN FACTORS WHEN DECIDING WHAT PARENTING ARRANGEMENTS WILL BE IN THE BEST INTERESTS OF THE CHILD. THE NEW FACTORS ARE:
In considering the safety of the child/ren, we and the court must consider Family Violence, abuse, risks, and neglect.
Please tell us or your Solicitor if there are risks such as: –
- Family violence
- Concerns about alcohol or illicit substances use by the other parent
- Mental health concerns about the other parent
What Parenting Arrangements Are Common?
A. Equal Time
Many parents believe that they are entitled to spend equal time with their child. But the Family Law Act 1975 has been amended, and the Court is no longer required to start from the presumption that equal time with each parent should be ordered. Each case is to be decided on what is best for the children.
Equal time is best suited for families when there is a low level of parental conflict and where both parents have similar parenting styles and can work together well.
If there is a lot of conflict, family violence issues or if you just can’t communicate well with the other parent – then equal time often exposes the children to too much conflict and is not in their best interests.
You shouldn’t consider equal time because “that is what’s fair to both parents”. Parents have no rights in parenting matters and the only consideration is – what is best for the children!
If your children are going to go back and forth regularly, both parents need to be able to communicate about school & behavioural issues regularly and be able to work together.
B. Live with one parent and spend significant time with the other parent
Sometimes it is best that the children primarily live with one parent – but still spend significant time with the other parent.
This may be because:-
- the children are quite young and would be distressed with spending long periods away from the “primary parent”
- The children won’t cope well with moving between 2 primary homes constantly and would be better settled having one main home. Would you like to move between two homes and bedrooms often or would it be exhausting?
- One parent might have work commitments that prevent them from caring for the children during the school weeks
- Parents may live a distance apart and it isn’t practical to have equal time
- There is too much conflict between parents
- The children may express a desire to live with one parent
c. Live with one parent and spend some time with the other parent
Sometimes, it just is not practical, or child-focused to spend significant time with one parent.
This may be because:-
- The parents live a long distance apart and regular travel between households is not child-focused or affordable for the parents. If the children would spend most of the weekend in the car or at the airport, just to see you – it probably isn’t in their best interests.
- The children may have extracurricular activities that are important to them. For example, if your child’s dream is to be an Olympic athlete or pro-footballer, and the other parent can not facilitate training, games, or tournaments during their time – then this may impact the parenting arrangement.
- A parent may work FIFO or have a work roster that simply doesn’t allow them to spend significant time.
- The children may have special needs or be unsettled in the other parents’ care.
- The children express wishes to only spend some time with the other parent.
This time can be structured in many ways. Some examples might include: –
The children live with Parent A, and spend time with Parent B
Separation can be one of the most challenging periods in life, especially when children are involved. Every family is different, and the right arrangements will depend on the unique circumstances of your situation. The key is always to focus on what is truly in the best interests of your children, ensuring their safety, stability, and emotional wellbeing. While it can be tempting to focus on what feels “fair” to each parent, family law is clear: parenting decisions must be child-focused above all else.
If you are going through a separation in NSW, seeking early advice from an experienced family lawyer can help you understand your rights, obligations, and options. With the right guidance, you can work towards parenting arrangements that protect your children and allow your family to move forward with clarity and confidence.
We understand the emotional and legal complexities that come with separation. Our family law team provides clear, compassionate, and strategic advice to help you move forward with confidence. Whether you need guidance on parenting arrangements, property settlements, or understanding your rights, we are here to help you protect what matters most. Get expert legal support today by reaching out to us at admin@allwrightbourke.com.au or give us a call at 1300 225 297 (1300 ABL AWS).