Understanding parenting arrangements for children after divorce

By: Scott Jamieson | Posted: 29th November 2010

By nature, divorce can be unpleasant. Add children to the mix and the situation becomes even more complex. It’s not surprising, therefore that shared care and the legal arrangements for children after a divorce can be tricky.


The parenting arrangements for children involved in a divorce are decided under the 1975 Family Law Act, which currently presumes that both mother and father will share the responsibilities of parenthood. This means that both parents will be involved in decisions regarding the wellbeing of the child when it comes to issues such as education, health, housing, and religion.


If you’re navigating the unfamiliar waters of custody laws and parenting arrangements, then here are a few basic but useful things to know about parenting arrangements for children.


- Child’s best interest. It’s important to remember that all decisions regarding children when a marriage breaks up are decided in the best interests of the child.




- What role does the Court play? The Court only becomes involved if parenting arrangements cannot be agreed to by both parents. The Court can legally determine where a child is to live and how much time is to be spent between parents. It is a divorce lawyer’s job, however, to do everything they can to avoid the need to go to Court.




- Who can care for a child? Family Law does not stipulate that a child must spend equal time with both parents, nor that care of the children is restricted to these two parties. Anyone who has in interest in the welfare of a child can make an application to the Court to be given a share of responsibility. Because the Court considers the welfare of the child as the most important thing, they can allocate care to people other than the parents, even if this goes against the wishes of either parent or child.


Parenting and custody arrangements as stipulated by Family Law are constantly changing and being renegotiated. If you need more information regarding parenting arrangements then custody lawyers can help answer your questions and help negotiate the best arrangement for your circumstances.


Finding a family lawyer that you feel comfortable with is the first step to dealing with the fallouts of divorce. Family law specialists will help explain the intricacies of the law and give you confidence that the interests of you and your child are being protected.
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Tags: parents, decisions, job, best interest, marriage, religion, welfare, wellbeing, custody arrangements, mother and father, divorce lawyer, education health