Parenting Arrangements

When a relationship ends, there’s nothing more important than making sure your children feel safe, supported and secure.

At THAMS Law Group, we understand how difficult this time can be — not only for you, but for your children, who may be facing their own confusion and emotional stress.

Helping You Make the Right Decisions for Your Children

Our focus is always on helping you create clear, workable parenting arrangements that prioritise your children’s best interests and reduce unnecessary conflict. Whether you’re able to reach agreement with the other parent or need assistance resolving disputes, we’ll guide you through the process with compassion, clarity and care.

Understanding Parenting Arrangements in Australia

In Australia, we no longer use the terms “custody” or “access”. Instead, we talk about parenting arrangements, which cover where your children live, how much time they spend with each parent, and how important decisions are made.

You don’t need to go to court to establish these arrangements. Many families are able to resolve matters through informal agreements or a Parenting Plan. These can later be formalised through Consent Orders if needed. If you and your ex-partner are unable to agree, you may need to apply to the Federal Circuit and Family Court of Australia for Parenting Orders.

We’ll help you understand every option available and guide you through whichever path is right for your family.

What Does the Court Consider?

When parenting matters can’t be resolved privately, the Court is guided by one central principle: the best interests of the child.

Under the Federal Circuit and Family Court of Australia Act 2021 (Cth) and its accompanying Rules, the Court considers a number of key factors, including:

  • That children have the benefit of a meaningful relationship with both parents (where safe and appropriate)

  • Protection of children from physical or psychological harm

  • The ability of each parent to provide adequate care and guidance

  • The child’s views (depending on age and maturity)

  • The impact of any changes on the child’s living situation

  • Any family violence concerns or risk factors

At THAMS Law Group, we’ll help you prepare a clear, balanced and child-focused case that addresses these considerations.

WHAT WE DO

Parenting Arrangements

Mediation and Dispute Resolution

Wherever possible, we encourage parents to resolve disputes without court intervention. Mediation provides a safe, structured environment where both parties can express their views and work toward a solution that supports their children.

We support our clients through this process — helping you prepare for mediation, understand your rights, and make informed decisions that align with your children’s needs. If court proceedings do become necessary, we’ll represent your interests with care and clarity.

What If We Can’t Agree?

If you and your ex-partner cannot reach agreement, the next step is usually to file an application with the Court. This doesn’t mean a lengthy trial — many matters settle along the way. However, if ongoing conflict or safety concerns exist, formal court intervention may be needed to ensure safe, stable arrangements are in place.

We will be by your side through each stage — preparing documents, guiding you through negotiations, and protecting your rights while keeping your children’s wellbeing at the forefront.

Guiding You Through Parenting Decisions with Care and Clarity

At THAMS Law Group, we understand that parenting arrangements aren’t just about legal frameworks, they’re deeply personal decisions that shape your child’s future and your family’s wellbeing.

We take the time to understand your unique circumstances and help you explore your options with care and clarity. Our goal is to make the process as smooth and constructive as possible, so you can move forward with confidence, knowing your children’s best interests are protected.

FAQs

  • Child custody used to refer to where children live and how much time they spend with each parent. These terms are no longer used in Australian family law. Instead, we talk about parenting arrangements, which focus on the practical aspects of a child’s care, such as living arrangements, time spent with each pare

  • The best interests of the child are the most important factor in any parenting arrangement. This includes maintaining meaningful relationships with both parents and being protected from harm. The court looks at various factors, such as the child’s wishes, relationships, safety, and needs, to determine what is in their best interests.

  • A parenting plan is a written agreement between you and your former partner about how you’ll share parenting responsibilities. It’s not legally binding unless you apply for court consent orders, but it can be a helpful way to outline your agreements on key issues like where the children will live, schooling, and holiday arrangements.

  • Mediation is a voluntary process where both parents, with the help of a mediator, discuss and try to reach an agreement on parenting arrangements. Mediation is less formal than court and often leads to quicker, less stressful resolutions. If mediation does not result in an agreement, the matter may proceed to court.

  • If your former partner isn’t complying with the agreed parenting plan or orders, you may need to seek legal enforcement. THAMS Law Group can help you take the necessary steps to ensure the agreement is followed.