At Bentleys Law, we understand that organising children’s care after separation is often the most emotional and important issue for parents. These decisions affect not just where children will live, but how they will grow, learn, maintain family ties, and feel secure in a time of change.
Our role is to guide you through the options with compassion and clarity while keeping your children’s best interests as the priority.
What can be included in parenting arrangements?
Parenting arrangements can address all aspects of your children’s lives, including:
- Parental responsibility and Joint Decision Making: Who will make decisions about long-term issues such as education, health care, and religion. This responsibility may be shared or allocated to one parent.
- Living arrangements: Where the children will live and whether arrangements involve shared care or a primary residence with one parent.
- The time with each parent: This will address time spent on weekdays, weekends, school holidays, parent and family birthdays and other relevant ‘special days’.
- Time with each parent: How time is divided across school weeks, weekends, school holidays, birthdays, Christmas, Mother’s Day, Father’s Day and other significant family occasions.
- Communication:How parents communicate with one another and how children keep in touch with the parent they are not physically with, whether through phone calls, texts, video calls or other means.
How parenting arrangements are made
Many parents can reach an agreement on their own or with the assistance of an accredited Family Dispute Resolution Practitioner (FDRP). This process provides an opportunity to resolve disputes in a cooperative environment focused on the needs of the children.
If agreement cannot be reached at mediation, the FDRP will issue a section 60I Certificate. This certificate is required before making an application to the Federal Circuit and Family Court of Australia for parenting orders.
Melbourne's Trusted Family Lawyers
We know family law matters touch the most personal parts of your life. Our team at Bentleys Law is here to help with:
Whether things are relatively amicable or more complicated, we’re here to guide you through. Our Melbourne team explains everything in plain language, answers your questions promptly, and helps you make decisions you can feel good about.
Every family is different. We take the time to understand yours.
Consent Orders and Parenting Plans
- A Parenting Plan is a written agreement between parents. While not enforceable by the Court, it reflects the intentions of both parties and can provide useful structure.
- Consent Orders are formal orders approved by the Court. They have the same effect as orders made by a judge after a trial and are legally binding and enforceable if breached.
Consent Orders provide greater certainty and are usually recommended over Parenting Plans for long-term arrangements.
If Court proceedings are required
If parents cannot agree, the Court will make parenting orders after a hearing. In making decisions, the Court’s primary consideration is always the best interests of the child. The Court will also consider factors such as:
- The benefit to the child of maintaining a meaningful relationship with both parents
- The need to protect the child from physical or psychological harm
- The views and wishes of the child, depending on their age and maturity
- The capacity of each parent to provide for the child’s emotional and physical needs
- The practical effect of the proposed arrangements
How can we assist
Our family lawyers at Bentleys Law have extensive experience in both negotiated and litigated parenting arrangements. We can:
- Advise you on your rights and responsibilities as a parent
- Assist you in preparing for and attending Family Dispute Resolution
- Draft Parenting Plans or prepare and file Consent Orders with the Court
- Represent you in Court where agreement is not possible, ensuring that your child’s best interests are the focus of the case
We understand how stressful and sensitive these matters are. With care and discretion, we work with you to achieve practical arrangements, child-focused, and enforceable, helping you move forward with confidence and security.