Skip to content
CALL 02 9723 8080
1300 287 911
JB Logo jb solicitors family lawyer
  • 1300287911
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
Menu
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
JB Logo jb solicitors family lawyer
  • 1300287911
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
Menu
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
    • Immigration Law
  • Resources
    • Blogs
    • Events
    • Videos
    • Crimes Act 1900 (NSW)
    • Family Law Act 1975
    • Migration Act 1958
    • Fact Sheet
  • Contact
1300 287 911

OR CALL 02 9723 8080

Home / Child Custody Agreement

Child Custody Agreement

  • Divorce & Family Law
John Bui
/
14 December 21

A child custody agreement is essentially a parenting agreement laid out between parents, following divorce or separation, which details how each parent will have access to their child/children.

In Australia, a child custody agreement is often referred to as a parenting agreement. A Child Custody Agreement is always preferred over approaching the Court in making decisions around custody of a child.

A child custody agreement can be in various forms. These include: –

  • An oral agreement 
  • A written agreement
  • An agreement which is made into a formal court order – called Consent Order. For consent orders, an application must be submitted to the Court.

There are certain important factors that the parents need to consider while making a child custody agreement or a parenting agreement. These are: –

  • The age of the child
  • Which parent is best placed, and equipped to provide the child’s day-to-day care
  • The child’s educational needs
  • Any special needs of the child including medical needs 
  • The child’s cultural needs (especially important where the child is Aboriginal or Torres Strait islander)
  • The child’s own views and opinions 
  • Any practical considerations like transport, accommodation and daily expenses, and
  • The safety and well-being of the child

Generally, a child custody agreement is updated as and when a child grows, based on the child’s needs.

Parenting Plans As A Form Of Child Custody Agreement

A written plan that is dated and signed by both the parents is called a Parenting Plan. It is important to note that a parenting plan is not legally enforceable. 

Parents are not required to follow some specific format to make a parenting plan. Parenting plans set rules for things including: –

  • How much time the child will spend with each parent, and extended family including grandparents
  • Where the child will be living 
  • How decisions on the child’s education and schooling will be made by each parent 
  • What will parents do for special days like holidays and birthday
  • How the parents will contact each other, or others in the family, whether by phone or email 
  • How will the plan be modified, and how parents will deal with any disagreements about the plan
  • How will parents deal with any other issue that surfaces which concerns the child, for instance how is the child to be raised

Consent Orders

If two partners are able to agree on a fixed parenting plan, it is advisable that they apply to the Family Court for consent orders. This formalises the child custody agreement that the parents have laid out. 

While a parenting plan is not legally enforceable, if the parents apply for a Consent Order, this will be legally enforceable. 

Parenting Orders Or Court Orders

In some situations, parents are not able to reach any satisfactory child custody agreement. In such instances, they seek the help of Family Courts.

When parents are not able to agree and find a common ground, they need to apply for a Parenting Order at the Court. This means that a parent is seeking orders from the Court to gain parental responsibility. 

However, before approaching the Court, it is necessary that the parents first try all other methods to resolve their differences over child custody. Parents will also need to show the Court the Family Dispute Resolution certificate, as evidence that all other avenues have been tried before approaching the Court.  

In making a Parenting Order, according to the Family Law Act 1975, the Court makes decisions on the basis of the best interests of the child. The best interests of the child is the paramount consideration in making a child custody agreement. 

In taking into consideration the best interests of the child, there are many factors that the court considers. This can include: –

  • Both parents have meaningful involvement with the child such that the child enjoys a healthy relationship with both
  • The child is protected from all sorts of harm, be it physical or psychological abuse, neglect, or family violence 
  • All factors considering the safety, well-being, development and protection of the child 

The Australian Government has published a handbook with information on how to develop parenting orders. 

child custody agreement

Shared Child Custody Agreement

In some cases, the Court may order that the parents have shared parental responsibility.  There are different orders that the Court can make in this regard: –

  1. Alternate Weekends

Where one parent will have the child every alternate weekend. 

  1. Alternate Weeks

Where each parent lives with the child for an entire week on an alternate basis. In this arrangement, unlike alternate weekends, children enjoy roughly equal amount of time with each parent.

  1. Alternate Weeks with Visits per week 

Where the child lives with each parent on an alternate basis, and where the non-custodial parent can come visit the child during the week. 

For example, if the child is living with his/her mother in a given week, the father can come visit the child on any given day, and vice versa. 

  1. Alternate Days in the Week

In some cases, the child lives with a parent for first two days of the week, and the other parent with the next two days, and so on. 

For this to work efficiently, the parents cannot be living too far off from each other. 

  1. School Holidays

If one parent lives far off, and the child lives with the other parent during school terms, then the child will live with the parent who lives far away during all school holidays and breaks. 

Legal Advice For Custody Matters

This is a stressful period for you, and you want to reach a satisfactory child custody agreement with your former partner. 

In cases where you are able to formulate a Parenting Plan, it is advisable that you seek legal assistance in turning the plan into a Consent Order, with the help of the Court. 

In cases where you are unable to reach an agreement, seek the expert mediation services offered by JB Solicitors.

Our mediators will help you solve all family disputes so you are able to reach agreements that will benefit you, your former partner, and your child. 


Our compassionate Family Lawyers are always here to help you. Contact JB Solicitors today to get your child custody agreements finalised.

https://www.youtube.com/watch?v=Xu-QXJohtss

Related Blogs

Family Sexual Offences

This article on sexual offences contains discussions of adult and child sexual offences. It may be upsetting or disturbing to some readers. Please proceed with...
Read more

What Is Constructive Dismissal?

Constructive dismissal or forced resignation refers to a situation where an employee resigns from their job due to the employer's conduct. It is a result...
Read more

Regretting Divorce? Here’s What You Can Do

Are you regretting divorce with your ex husband or ex wife? Divorce, a decision that is often made amidst a whirlwind of emotions and complexities, can...
Read more

Family Sexual Offences

This article on sexual offences contains discussions of adult and child sexual offences. It may be upsetting or disturbing to some readers. Please proceed with...
Read more

What Is Constructive Dismissal?

Constructive dismissal or forced resignation refers to a situation where an employee resigns from their job due to the employer's conduct. It is a result...
Read more

Regretting Divorce? Here’s What You Can Do

Are you regretting divorce with your ex husband or ex wife? Divorce, a decision that is often made amidst a whirlwind of emotions and complexities, can...
Read more

Visa Application by Transitory Persons

This article will discuss sections 46B to 48 of the Migration Act 1958 which lay down the rules as to visa application by transitory persons....
Read more
All blogs

Stay Tuned To The Latest JBS News

Upward Arrow jb solicitors
JB Logo jb solicitors family lawyer
WEB PORTAL
Quick LInks
  • Home
  • About
  • Careers
  • For Clients
  • Payments
  • Contact
  • Our Fixed Fees
  • Fact Sheet
  • Events
  • Blog
Family Law
  • Divorce & Separation
  • Parents & Children Matters
  • Mediation & Arbitration
  • Property Settlements & Assets
  • Family Violence AVO's
  • Binding Financial Agreements
  • Wills & Estate Planning
Other Services
  • Conveyancing
  • Commercial Corporate Law
  • Civil Disputes Litigation
  • Criminal Traffic Law
  • Land & Environmental Law
  • Employment Law
  • Immigration Law
CONTACT

Tel: 1300 287 911
Tel: 02 9723 8080

Email: enquiries@jbsolicitors.com.au

Facebook Twitter Youtube Instagram Linkedin
ADDRESS
ADDRESS

Sydney CBD Office:
Level 20, 233 Castlereagh St,
Sydney NSW 2000

Melbourne Office:
The Exchange Tower, Level 1, 530 Little Collins St, Melbourne VIC 3000

Western Sydney Office:
Suite 3, Level 1/203, Canley Vale Rd. NSW 2166

Bondi Junction Office:
103/332-342 Oxford St., Bondi Junction NSW 2022

Languages
  • EN
  • ZH
Quality Policy Statement • Privacy Policy • Terms & Conditions
Copyright © 2023 · Liability Limited By A Scheme Approved Under Professional Standards Legislation
  • Made with
  • by Digital Recipe