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

Family dispute resolution

Related publications

Child support and parentage testing

How to run your family law case

The role of an independent children's lawyer

You and family law: a short guide