Comprehensive Guide to Parenting & Child Custody Schedules by Age in Australia

Navigating child custody in Australia can be complex and emotional. This guide provides essential insights into developing effective parenting plans, understanding common custody arrangements, and adapting schedules to a child’s age. Our goal is to ensure that the best interests of your child are always prioritised.

Table of Contents

1. Understanding Child Custody Schedules by Age in Australia
2. Developing a Parenting Plan That Works
3. Common Child Custody Arrangements in Australia
4. The Role of the Federal Circuit and Family Court of Australia and Parenting Orders
5. Tailoring Custody Schedules to the Child’s Age
6. The Importance of Legal Advice in Child Custody Matters
7. Ensuring the Child’s Best Interests Are Met
8. Factors to Consider When Creating a Parenting Schedule
9. Addressing Family Violence and Domestic Abuse in Custody Arrangements
10. The Role of School Holidays and Special Occasions in Custody Plans
11. Adjusting Custody Schedules as the Child Grows

1. Understanding Child Custody Schedules by Age in Australia

From the outset we must acknowledge that the Federal Circuit and Family Court of Australia and the Family Law Act 1975 no longer refers to “child custody”. This term has been superseded in Family Law in Australia. The Court, and the legislation, refers to who a child “lives with”, “spends time with”, and “communicates with”. Many parents however still refer to “child custody”.

Child custody schedules by age in Australia are designed to ensure that parenting arrangements are tailored to the developmental needs of children at different stages of their lives.

These schedules, also known as parenting plans or parenting arrangements, are crucial for maintaining a child’s wellbeing, providing stability, and fostering a meaningful relationship with both parents. The Family Law Act 1975 emphasises that the child’s best interests must always be the primary consideration in any custody decision.

2. Developing a Parenting Plan That Works

A parenting plan is a written agreement between parents that outlines how they will share responsibilities and make decisions regarding their child’s life. It covers vital aspects like living arrangements, school holidays, special occasions, and extracurricular activities.

For this plan to be effective, it must reflect the child’s needs, age, and family dynamics. Many parents opt for joint custody arrangements or shared care, which allows the child to have significant time with both parents, ensuring frequent contact with each parent.

3. Common Child Custody Arrangements in Australia

In Australia, the most common child custody arrangements include:

• Equal shared parental responsibility: Equal shared parental responsibility is now referred to as joint decision-making in relation to major long term issues for the child. Both parents share decision-making responsibilities, even if the child spends more time with one parent.
• Sole parental responsibility: Sole parental responsibility is now referred to as sole decision-making on major long term issues. One parent has the legal right to make all major decisions regarding the child’s life, though the child may still have regular contact with the other parent.
• Primary carer: The child lives primarily with one parent, but spends significant time, including weekends and holidays, with the other parent.
• Equal time: The child lives in an equal time arrangement with the parents. Often this involves a week about arrangement with each parent however changeovers with each parent may occur more frequently depending on the child’s age and needs.

These arrangements are often formalised through consent orders issued by the Federal Circuit and Family Court, which legally bind both parents to the agreed schedule and the decision making.

4. The Role of the Federal Circuit and Family Court and Parenting Orders

When parents cannot agree on a parenting agreement, the Federal Circuit and Family Court of Australia may intervene and issue parenting orders. These orders can dictate living arrangements, school terms, travel time, and how parents should share parenting responsibilities.

The Court always prioritises the best interests of the child, considering factors such as the child’s safety, the impact of any family violence, and the need for a meaningful relationship with both parents.

5. Tailoring Custody Schedules to the Child’s Age

Child custody schedules should be adaptable to the child’s age and developmental stage. Here’s how schedules often vary by age group:

• Young children (0-3 years old): Frequent, short visits with the non-custodial parent are essential for maintaining attachment. Overnight stays may be limited initially.
• Preschoolers (3-5 years old): Regular contact with both parents is crucial, and more extended stays, including alternate weekends, are often introduced.
• School-age children (5-12 years old): School holidays and weekends can be shared more equally, with adjustments made for the child’s extracurricular activities, school term, holidays and other areas that both parents agree on.
• Teenagers (13-18 years old): Older children often need more flexibility to accommodate their social lives, work schedules, and academic demands. They may also have a say in the parenting arrangements although there is no age where a child’s views must be adopted.

6. The Importance of Legal Advice in Child Custody Matters

Navigating the family law system can be challenging, especially during custody disputes. Seeking legal advice from experienced child custody lawyers is crucial to ensure that your child’s best interests and rights are protected. A lawyer can guide you through the process, help draft a parenting plan, and represent you in Court if necessary.

7. Ensuring the Child’s Best Interests Are Met

The Family Law Act 1975 requires that the best interests of the child must be the foremost consideration in any custody arrangement. This includes a consideration of:

• Arrangements that promote the safety of the child and each person who has care of the child.
• Any views expressed by the child.
• The developmental, psychological, emotional and cultural needs of the child.
• The capacity of the parents to meet the child’s needs.
• The benefit to the child of having a relationship with their parents.
• Any history of family violence or family violence orders.
• The child’s right to enjoy their Aboriginal or Torres Strait Islander culture.

8. Factors to Consider When Creating a Parenting Schedule

When drafting a parenting schedule, consider the following:

• Child’s age and developmental needs: Younger children require different care arrangements than teenagers.
• Parents’ work schedules: Ensure the schedule accommodates both parents’ availability.
• Distance between homes: Factor in travel time to avoid unnecessary stress on the child.
• Special occasions and holidays: Plan for school holidays, birthdays, and other important dates to be shared if that is considered best for the child.

9. Addressing Family Violence and Domestic Abuse in Custody Arrangements

Family violence and child abuse are critical considerations in custody decisions. The Federal Circuit and Family Court prioritises the child’s safety and may limit or deny contact with a parent if there is evidence of violence or abuse. In such cases, the non-abusive parent may be granted sole parental responsibility (referred to as “sole decision-making on major long-term issues”) and the child may live solely with them, to protect the child from harm.

10. The Role of School Holidays and Special Occasions in Custody Plans

School holidays and special occasions are often a point of contention in child custody agreements. It’s important to agree on appropriate arrangements for these times to ensure the child can maintain a relationship with both parents. Extended family members, such as grandparents, may also be involved during these periods, further enriching the child’s experience.

11. Adjusting Custody Schedules as the Child Grows

As a child’s needs change, so should the custody plan. Regular reviews and adjustments to the parenting schedule are necessary to reflect the evolving dynamics of the child’s life. For instance, as children get older, they may wish to spend more time with friends or engage in more demanding extracurricular activities. It’s essential to remain flexible and responsive to these changes.

Need Help with Child Custody Matters?

Navigating the complexities of child custody can be overwhelming. It’s crucial to work with a Family Lawyer who understands the intricacies of the Australian family law system.

If you need assistance with child custody matters, Property Settlement, or any other family law matters, don’t hesitate to reach out for a free 15-minute chat with our friendly and helpful team. We are here to ensure that the best custody arrangements are in place for your child’s wellbeing and future.