Separating with kids — what to know first
Separation with children is more complicated. But it doesn't change your right to safety or your capacity to make good decisions for your family.
This guide gives you an overview of how the system works in Australia — in plain language.
Parenting arrangements
After separation, parents need to work out arrangements for children — where they live, how time is shared, and how decisions about their lives are made.
These arrangements can be:
Informal — agreed between parents without any formal process
Parenting Plan — a written agreement, not legally enforceable but a useful record
Consent Orders — a formal agreement approved by the Family Court, legally binding
Parenting Orders — made by the court if agreement can't be reached
The preference in Australia is for parents to reach their own agreements, ideally with the help of a family dispute resolution service like Relationships Australia. Courts are a last resort.
The best interests of the child
When courts do make decisions about children, the primary consideration is the best interests of the child. This includes:
Their safety (which is weighted heavily — family violence is taken seriously)
Their relationship with both parents, where it's safe
Their views (depending on age and maturity)
Their cultural identity and connections
Child support
Child support is separate from property settlement. It's a regular payment from one parent to the other to help cover the costs of raising children.
You can either:
Reach a private agreement
Use the Child Support Agency (Services Australia) to calculate and collect payments
The Services Australia website has a child support estimator. Call 131 272 for more information.
If there has been family violence
Family violence is taken seriously in Australian family law. You can:
Request that parenting arrangements are made through the court rather than mediation
Apply for a family violence order (intervention order) to restrict contact
Ask for court hearings to be conducted with safety measures in place (separate waiting rooms, screens, video appearance)
You don't have to navigate this alone. Women's Legal Service in your state, or Legal Aid, can advise you on your specific situation. Go to our legal support page for more information.