Parenting Arrangements and Child Custody

At Drinkwater Criminal and Family Lawyers, we understand that determining parenting arrangements following a separation or divorce is a sensitive and critical process. Serving clients in Forster, Taree, Newcastle and surrounding areas, our dedicated legal team offers compassionate guidance and expert representation to help you establish arrangements that prioritise the best interests of your children.

Understanding Parenting Arrangements in New South Wales

In Australian family law, the terms "custody" and "access" have been replaced with "parenting arrangements," focusing on the responsibilities and time each parent spends with their children. The primary consideration in determining these arrangements is the best interests of the child.

Key Aspects of Parenting Arrangements:

Parental Responsibility: This refers to the duties, powers, and authority parents have concerning their children. It encompasses decisions about the child's education, health, and religious upbringing. The law encourages both parents to share parental responsibility, except in cases where it may not be in the child's best interests, such as situations involving family violence or abuse.
Living Arrangements: Determining where the child will live is a crucial component of parenting arrangements. Options include the child living primarily with one parent or sharing time between both parents. The specific arrangement depends on various factors, including the child's needs, parents' circumstances, and practical considerations.
Time Spent with Each Parent: This involves scheduling how and when the child will spend time with the non-residential parent. It can include regular visits, overnight stays, and holiday arrangements. The goal is to maintain a meaningful relationship with both parents, provided it aligns with the child's best interests.
Decision-Making Responsibilities: Parents need to decide how they will handle major long-term decisions affecting their child, such as education, health care, and religious upbringing. Clear agreements help prevent conflicts and ensure both parents are involved in significant aspects of their child's life.

Legal Instruments for Parenting Arrangements:

Parenting Plans: These are voluntary, written agreements between parents outlining the agreed-upon parenting arrangements. While not legally enforceable, they provide a clear framework and can be a useful reference for both parties.
Consent Orders: If parents reach an agreement, they can apply to the court to have their arrangement made into legally binding consent orders. This process formalises the agreement and makes it enforceable by law.
Parenting Orders: When parents cannot agree, the court can issue parenting orders after considering evidence and submissions from both parties. These orders are legally binding and dictate the parenting arrangements.

Our Legal Services

Personalised Legal Advice: We provide tailored advice to help you understand your rights and obligations, ensuring you make informed decisions about parenting arrangements.
Mediation Support: Our team assists in facilitating discussions between parents to reach amicable agreements, aiming to avoid the need for court intervention.
Court Representation: If disputes cannot be resolved through mediation, we offer robust representation in court to advocate for arrangements that serve the best interests of your child.
Modification of Existing Arrangements: We assist in modifying existing parenting arrangements when significant changes in circumstances occur, ensuring the arrangements continue to reflect the child's best interests.

Why Choose Drinkwater Lawyers

Local Expertise: With extensive experience in Forster, Taree, Newcastle, and surrounding regions, we have a deep understanding of the local legal landscape and court procedures.
Client-Focused Approach: We prioritise your family's well-being, offering compassionate and personalised strategies tailored to your unique situation.
Comprehensive Support: From initial consultations to final resolutions, we provide continuous support, ensuring you are informed and confident throughout the legal process.

Contact Us

If you're navigating parenting arrangements and require expert legal assistance, it's essential to seek professional advice promptly. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the support and guidance you need to establish arrangements that prioritise your child's best interests.