Children and Separation

Children are the most important in your family and their best interests should be protected. Parents are also the most important people in their lives.

The best arrangements for children

Children are precious gifts and therefore both parents should have shared responsibility for their children.  The children should be able to enjoy a meaningful and loving relationship with their father and mother, as well as other family members.

Children should live in safe environments where there is no violence or abuse.

Parents should make the best arrangements for their children so they can live safely and grow up happily.

Your children after separation

It is a very stressful time for children when their parents separate or divorce. The most important people in their lives are no longer together, and they react differently depending on your relationship with your children and your family background.

They may experience ups and downs in their emotions and they might be impacted by a lot of stress. If you wish to read further on Separation and Stress, open this brochure from the Family Court of Australia.

As their parent, you can support and encourage them and maintain a positive relationship with them. This will help them endure through the hardship and battle with negativity.

In addition to keeping a good relationship with your children, you should also make appropriate arrangements to plan for your children.  This can be done in 3 different ways:

  1. Parenting Plan,
  2. Consent Orders, or
  3. Litigation.

We encourage you to avoid court ligitation which is costly and stressful. Read further below regarding Parenting Plan and Consent Orders – the 2 ways which you can avoid litigation.

Make the best arrangement for your children. We will draw up a Parenting Plan for you, or obtain a Consent Order regarding your children.

Children and Separation
Children are valuable and should be protected. Make the best arrangement for them.

Parenting plan

Parenting plan is a written agreement agreed and signed by you and your ex-spouse, in order to set out the parenting arrangements for your children.

Once the Parenting Plan is signed, you have a plan for your children and both parents should follow that plan. You and your former partner may change the plan at any time if you mutually agree.

However, Parenting Plans are not legally enforceable. If you need a legally enforceable document, you need a “Parenting Order”.

Consent Orders

A Consent Order is a written agreement, signed by you and your former partner, and approved by the Court. Since it is an order from the Court, it is legally binding.

We will have to show the Court that the arrangement made is in the best interest for your children.

Our Family Law puts a lot of weight on the rights of the children (not the rights of the parents), and focuses on the responsibility of the parents to care for the children.

Both parents are responsible for the interests and welfare of the children until they reach 18 years old, and the presumption is that all arrangements made should involve shared responsibilities and cooperation between you and your former partner.

All arrangements must be made in the best interests of your children.

Contact us

Make an appointment with us to discuss your family law issues, especially about your children.

Call us on 07 3344 2888 or email us at