Family Law - Child's Rights

Talk to an Accredited Family Law Specialist

One of the most difficult aspects of relationship breakdown is concern about arrangements for the care of children and their future, welfare and development. When parents separate, they usually have many questions and concerns such as:

  • • Which parent will the children live with?
  • • Who has day to day responsibility for the care, welfare and development of the children?
  • • Who decides where the children go to school?
  • • Who will care for the children during school holiday periods?
  • • Who decides the religion of the children?
  • • Who decides which medical practitioner the children should consult when sick?

The Family Law Act states that children have the right to know and be cared for by both parents, regardless of the parents’ marital situation. This is on the condition that children are adequately protected from the risk of abuse, family violence, harm and neglect.

Arrangements for the care of children, do not need to be determined by the Court. Some parents can decide on appropriate arrangements and do not need to formalise them. Other parents find it helpful for routine and certainty to have arrangements formalised. Some parents cannot agree on what is in the children’s best interests and need the assistance of a court order. Whichever scenario you are facing, the framework provided by the Family Law Act is helpful to consider.

The Family Law Act provides various options for formalising arrangements for care of children including:

  • • Parenting Plans – written agreements that are signed by both parents but are not filed in the Court;
  • • Consent Orders – a Court Order made by consent without either parent having to attend at Court;
  • • Court Proceedings – before filing an Application to the Court seeking a Parenting Order, parties must participate in mediation, save for in exceptional circumstances.


If you are concerned about arrangements for care of children or would like further information about the process of negotiating and formalising arrangements, please contact us.

Need more information? Speak with one of our highly experienced male or female Family Lawyers | Ph. (07) 3837 3600

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What Should I Bring To The First Appointment With A Family Lawyer?

To enable our team of family lawyers to provide you with the best advice quickly, we recommend you bring the following to your first appointment (if you have them):

– Details of your relationship including dates of birth for your partner and children. It is helpful (but not necessary) to bring a copy of your marriage certificate and children’s birth certificates.

– For property issues: details and estimated values of the assets you own, liabilities you owe and superannuation entitlements for you and your former spouse or partner.  If you are unsure about the value of assets and liabilities or your partner refuses to provide you with information, we can work with you to ascertain this information.

– For children’s issues: details of schools your children attend and whether they have any particular medical conditions.

– Copies of any existing Court Orders, Protection Orders or child support assessment.

– If you have attended mediation or Family Dispute Resolution with a Family Relationship Centre or equivalent organisation: a copy of any Parenting Plan you may have signed or the section 60I certificate which has issued.