How do I look after the best interests of my children after separation?

Separation or divorce can be a stressful time. There’s much emotional and physical upheaval as you change your life and try to move on. It can be an uncertain and confusing time for your kids, especially when you are trying to enter into parenting agreements.

Australian family law requires parents to act in the best interests of their children, especially when there’s separation or divorce. As part of this, they must demonstrate that they’ve made appropriate arrangements for their kids.

Parents can also enter into parenting plans or apply for parenting orders to try and smooth the way for the kids’ adjustment to a different life.

If you’re separating from your spouse or partner, Australian family law sets out some basic principles for negotiating parenting agreements:

Both parents should equally share parenting
responsibilities
Parents should try and resolve parenting issues
without going to court
Both parents are responsible for their children
until the children are 18 years old

If you’re separating from your spouse or partner, Australian family law sets out some basic principles for negotiating parenting agreements:

Both parents should equally share parenting
responsibilities
Parents should try and resolve parenting issues
without going to court
Both parents are responsible for their children
until the children are 18 years old

If you’re separating from your spouse or partner, Australian family law sets out some basic principles for negotiating parenting agreements:

Both parents should equally share parenting
responsibilities
Parents should try and resolve parenting issues
without going to court
Both parents are responsible for their children
until the children are 18 years old

These principles set out a starting point only. There may be lots of reasons why some (or all) of them won’t apply to your situation. For example, if there has been family violence, it may not be in the best interests of the children to spend significant time with one of the parents.

Is a parenting plan legally enforceable?

The parenting plan itself isn’t legally enforceable, although it does serve as a record of your agreement. This is useful if you need evidence to prove the agreement to a court.

If the other parent breaches the plan, your only option may be to sue them for breach of contract. This would take the issue outside of family law and into a general court process. The judge or magistrate is unlikely to have expertise in cases concerning children. Any decisions made may not be in the best interests of anyone, especially the kids.