When parents separate, the most important consideration is the well-being of the children.
At Pillar Family Lawyers, we provide clear and practical advice to help you navigate parenting arrangements in a way that is child-focused and aligned with the best interests of the children, as required under Australian family law.
We understand that these matters can be emotional and complex, and that it is often helpful to address parenting arrangements at an early stage. Our role is to guide you toward arrangements that provide stability, clarity and long-term certainty.
The Best Interests of the Children
Under the Family Law Act, all parenting decisions must be made in accordance with the best interests of the children.
This includes consideration of factors such as:
- the benefit of children having a meaningful relationship with both parents
- the need to protect children from harm
- the practical arrangements for their care, welfare and development
Not all families are the same. We assist you in developing arrangements that are not only legally sound, but also practical and sustainable for your own family.
Parenting Arrangements After Separation
Parenting arrangements may address:
Living Arrangements
Where the children will live and how time is shared between parents.
Time and Communication
How and when children spend time with each parent, including weekdays, weekends, holidays and special occasions.
Decision-Making Responsibilities known as Parental Responsibility
How major decisions are made in relation to health, education and other important aspects of the children’s lives.
Whether parental responsibility is shared or allocated in a particular way.
We work with you to develop child-focused arrangements that minimise conflict and support the long-term well-being of your children.
Negotiation and Mediation in Parenting Matters
Many parenting matters can be resolved through negotiation or mediation.
Walid Joseph Kalouche is an Accredited Family Dispute Resolution Practitioner (FDRP), enabling him to guide clients through structured mediation processes where appropriate.
Through careful preparation and clear strategy, we aim to achieve agreements that reflect:
- the best interests of the children
- practical day-to-day arrangements
- long-term stability for families
Prepared for Court Where Necessary
While many parenting matters can be resolved without litigation, some situations require court intervention.
At Pillar Family Lawyers, we approach every matter with careful preparation so that we are fully ready to proceed to court at a moment’s notice if required.
This ensures that:
- your position is clearly presented
- your matter is properly prepared
- your children’s interests are strongly represented
Urgent Parenting Matters
In some cases, urgent action may be required, including where there are concerns about:
- the safety or well-being of the children
- one parent withholding the children
- relocation issues
- family violence
We act quickly to ensure appropriate legal steps are taken to avoid any action by one of the parents which is not in the best interests of the children.
Independent Children’s Lawyer Insight
Walid has completed Independent Children’s Lawyer (ICL) training, providing additional insight into how the Court assesses matters involving children.
This strengthens our ability to:
- anticipate how parenting matters may be viewed by the Court
- prepare matters effectively
- focus on outcomes that align with the best interests of the children
Parenting Plans and Consent Orders
Parenting arrangements can be formalised in different ways.
Parenting Plans
Informal written agreements between parents.
Consent Orders
Legally binding agreements approved by the Court.
We can advise on the most appropriate approach for your situation and assist in preparing the necessary documentation.
Start with Clear, Child-Focused Advice
Every family is different. The right approach depends on your circumstances and the needs of your children.
Speak with a Parenting Family Lawyer: We provide clear, practical advice to help you move forward with confidence while keeping the focus on the best interests of the children.
Pillar Family Lawyers assists clients across Parramatta & Western Sydney.
Frequently Asked Questions – Parenting & Children
The Court must make parenting decisions based on the best interests of the children. This is the central principle under the Family Law Act. The Court will consider factors such as the children’s safety, their relationship with each parent, and what arrangements are practical and appropriate in the circumstances.
“The best interests of the children” refers to the legal test used when making parenting decisions. It requires careful consideration of what arrangements will best promote the children’s safety, welfare and overall well-being. Every family is different, so the answer depends on the facts of each matter.
A simple question of “is this best for my children?” will help you identify what the law strives for.
While the term “custody” has not been used in Australian family law since 1995, the idea that the children will live with the mother automatically after separation is wrong and rejected by the courts.
The law does not automatically favour one parent over the other. Parenting arrangements are determined according to the best interests of the children, not by whether a parent is the mother or the father.
Yes. Many parenting matters can be resolved through negotiation or Family Dispute Resolution (mediation). If agreement is reached, the arrangements can sometimes be recorded in a parenting plan or formalised through Consent Orders.
If you are concerned that the other parent’s behaviour may place the children at risk, it is important to obtain legal advice promptly. In some cases, urgent action may be required to protect the children and ensure appropriate parenting arrangements are put in place.
In most parenting matters, parties are required to attempt Family Dispute Resolution before commencing court proceedings, unless an exception applies. If mediation is unsuccessful or inappropriate, a Section 60I Certificate may be issued so the matter can proceed to court.
A Section 60I Certificate is a document issued by a Family Dispute Resolution Practitioner confirming that mediation was attempted, was not suitable, or did not resolve the dispute. In most parenting matters, it is required before starting court proceedings.
Yes. Parenting arrangements can sometimes be changed if there has been a significant change in circumstances and it is in the best interests of the children to reconsider the arrangements.
A parenting plan is a written agreement between parents, but it is not legally enforceable in the same way as a court order. Consent Orders are approved by the Court and are legally binding. Penalties are imposed on a parent who does not adhere to a Consent Order.
It is best to seek advice early, especially if there is disagreement about the children, concerns about safety, relocation issues, or uncertainty about what arrangements are appropriate. Early advice can help you make informed decisions and protect the best interests of the children from the outset.