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Parenting Arrangements in Australia: From “Who the Children Live With” to Co-Parenting Plans

Parenting arrangements in Australia are based on the best interests of the child. Parents can agree informally, create a parenting plan or obtain parenting orders. This guide explains how decisions are made, how parenting plans work and when court involvement is necessary. 

 

Understanding parenting arrangements 

There are three main structures: 

  1. Informal agreements

Flexible but not legally enforceable. 

  1. Parenting plans

A written agreement covering: 

  • Where children live 
  • Time with each parent 
  • Communication 
  • Schooling 
  • Travel 
  • Special occasions 
  • Decision-making 

Parenting plans are not enforceable but show clear intention. 

  1. Parenting orders

Court orders that are legally enforceable. 

 

How the court decides parenting arrangements 

The child’s best interests are the main priority. 

Key factors may include: 

  • Safety and protection from harm 
  • The child’s relationship with each parent 
  • Practical ability to care for the child 
  • The child’s views (depending on age and maturity) 
  • Each parent’s capacity to meet needs 
  • Any family violence concerns 

No parent has automatic rights — the focus is entirely on the child. 

 

Common parenting structures 

  • Week-on/week-off 
  • 2/2/3 patterns 
  • School-week with one parent, weekends with the other 
  • Majority care with one parent and alternate weekend time 

There is no “one correct model”—it depends on the child’s needs. 

 

Travel, holidays and relocation 

Travel usually requires consent.
Overseas travel normally requires written approval or orders.
Relocation is one of the most complex issues and early advice is critical. 

 

Why co-parenting fails (and how to prevent it) 

Most conflict comes from: 

  • Poor communication habits 
  • Emotional spillover into parenting 
  • Unclear boundaries 
  • Lack of predictable structure 

A clear plan improves outcomes significantly. 

 

Resolve’s approach 

We combine legal strategy with coaching-informed communication tools.
Parents don’t just get orders; they get a workable structure that reduces conflict over time. 

 

FAQs 

Do children get a say?
Yes — through Family Consultants, not direct court involvement. 

Do we have to go to mediation first?
Usually yes, unless urgent or unsafe. 

What if the other parent won’t agree?
You can file for court orders with a certificate. 

 

 *This is not legal advice. 

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