The Best Interests of the Child
The foundation of Australian family law is simple: the court must always make decisions based on the best interests of the child.
This principle overrides everything else — meaning the law is not about what’s most convenient for parents, but what best supports a child’s safety, stability, and development.
Two primary considerations guide this principle:
1. The benefit of a child having a meaningful relationship with both parents.
2. The need to protect the child from physical or psychological harm.
If those two conflict, protecting the child from harm comes first.
What Parenting Arrangements Cover
Parenting arrangements can include:
- Where the child will live.
- How much time they will spend with each parent.
- How parents will share responsibility for long-term decisions (such as schooling, health, and religion).
- Communication between the child and each parent, including phone and online contact.
These arrangements may be reached informally between parents, or they may be formalised through legal processes.
Pathways to Parenting Arrangements
There are several ways arrangements can be decided in Victoria:
1. Informal Agreements
Some parents agree on arrangements themselves without legal involvement. While this can work, it’s not enforceable unless formalised
2. Parenting Plans
A written agreement signed by both parents. Parenting plans are flexible and child-focused, but they are not legally binding. You can download our free resource: Create a Parenting Plan That Works – Free Checklist to help you avoid common pitfalls and design a plan that protects your child’s future.
3. Consent Orders
If parents agree but want arrangements legally enforceable, they can apply for consent orders. These have the same weight as orders made after a court hearing.
4. Court Orders
If parents cannot agree, the court makes the decision. Court is considered a last resort, as proceedings can be stressful and expensive.
Joint Decision Making
Under Victorian child custody laws, there is an expectation that parents will engage in joint decision making when it comes to their child.
This means both parents share in making long-term decisions about the child’s welfare.
It does not mean the child automatically spends equal time with each parent. The actual time arrangements depend on the child’s needs, their best interests, and practical considerations such as distance between homes and school commitments.
What the Court Considers
When making parenting orders, the court looks at a wide range of factors, including:
- The child’s age, developmental needs, and wishes (depending on maturity).
- The child’s relationship with each parent and extended family.
- Each parent’s ability to meet the child’s needs.
- The distance between homes, work schedules, and schooling.
- Any history of family violence or risk of harm. You can explore this in more detail on our Parenting Arrangements information page.
Why Early Legal Advice Matters
Even if you and your former partner are on good terms, parenting arrangements can become complicated over time.
Clear, well-drafted agreements help reduce conflict, avoid misunderstandings, and protect your child’s stability.
At Village Family Lawyers, we provide practical guidance tailored to your family — whether that means negotiating a parenting plan, applying for consent orders, or representing you in court.
