Post separation parenting arrangements.
If you're navigating parenting arrangements after a separation, it’s natural to feel uncertain about what comes next. Our compassionate and experienced family lawyers in Adelaide and regional South Australia are here to help you understand your rights and responsibilities and to support you in making decisions that are in the best interests of your child.
Under the Family Law Act (1975), separated parents are encouraged to work together to create parenting arrangements that prioritise the wellbeing of their children. The law applies to all children, regardless of whether their parents were married, and sets out clear factors to guide these decisions.
We understand that every family is different. That’s why we take the time to explain how the law applies to your unique situation and help you develop practical, child-focused arrangements that support stability, safety, and meaningful relationships.Whether you're reaching an agreement with the other parent or need to apply to the Court, we’re here to guide you through every step of the process with clarity, care, and confidence.
Supporting the child’s rights and safety
Broadly speaking, children have a right to a meaningful relationship with both of their parents and to be protected from harm.
Where possible, post-separation parenting arrangements should support each parent to maintain a positive, meaningful relationship with the child.
But, if a child is at risk of physical or psychological harm, abuse, or neglect then their right to be protected from that is prioritised above other matters.
What can be included in a parenting arrangement?
We can help you to make parenting arrangements that cover things like:
> Who will make major long-term decisions regarding the education, health, and spiritual, religious, and cultural practices of the child;
> Who the child will live with;
> How much time the child spend with each parent;
> What happens on special occasions (like school holidays, birthdays, Christmas, and Easter);
> How communication between households will happen;
> And practical matters – like attendance and school and extra-curricular activities and access to medical and school records.
How we help you navigate post separation parenting arrangements
We'll help guide you through the process of post separation parenting arrangements, whether it involves a court process or otherwise.
We can also help you to navigate the pre-action procedures for parenting matters that are designed to help people resolve parenting disputes without going to Court.
If agreement can be reached, we can help you to document your agreement in a way that makes it binding on both parents.
This is usually best achieved by recording the parenting arrangements in a consent Order.
A consent Order is legally binding and there are obligations to comply with it and consequences for parents who do not.
When agreement isn’t possible, we can help you to make an Application for parenting Orders to the Federal Circuit and Family Court of Australia.
Sometimes, Applications for parenting Orders have to be made urgently because of the imminent risk of harm to a child.
When that’s necessary, you can rely on the experience and expertise of our family law team to issue proceedings urgently and to help you navigate the entire Court process.
We can assist with obtaining protective Orders and injunctions, Orders to locate a parent, and Orders to recover children.
Other children’s issues we can help with
We can also:
> Help care-giver grandparents and other family members to negotiate arrangements, or obtain Court Orders, for a child to live, spend time, and communicate with them; and
> Provide advice about parentage testing.
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