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Parenting
The law covers care and welfare arrangements for children, between their parents and other carers, for example, grandparents or other family members. Separation, divorce or re-marriage does not change your duties and responsibilities as a parent.
The main concern of the law is to make sure that the best interests of children are met. This includes children having the benefit of both parents’ meaningful involvement in their lives and that they are protected from physical or psychological harm.
The law encourages parents and other people interested in the welfare of children to try to agree on arrangements for children. It is best if you and your ex-partner decide together what to do about the children. For example:
- where the children will live
- how they will be financially supported
- how they will maintain a relationship with both of you and other significant people.
In making your decisions, you should look at what is in the 'best interests of the children'.
If the children are involved in a state welfare case because of neglect or child abuse concerns, the family law courts do not usually consider an application until that case is finished. State welfare proceedings happen in the state or territory Children's Court or Magistrates Court.
See the pages in this section of the website for information about making parenting arrangements when a relationship ends.
More information
Related publications
Child support and parentage testing
The role of an independent children's lawyer
You and family law: a short guide
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA's Roundtable Dispute Management service has trained dispute resolution practitioners. The service can help people reach agreements together about the children. See Resolving family disputes.
VLA’s other free legal services include:
- free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders
- legal advice at VLA offices and other locations across Victoria – see Child support legal services
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help
Some community legal centre (CLC) have specialist child support services. Most CLC services are free. See the Community Law website for more information and CLC contact details.