Child custody arrangements, as you might refer to them, are referred to in the Family Law Act as “live with” arrangements. These arrangements outline where a child will reside after the parents separate. “Live with” arrangements made by way of final parenting orders in the Federal Circuit and Family Court of Australia are difficult to set aside unless there is a significant change in circumstances. For that reason if you are considering embodying your parenting arrangements in an Order, great care needs to be taken to ensure that you have factored in possible future events or changes.
Life is full of changes, and sometimes the existing parenting orders may need to be modified to better suit the evolving needs of the child and the parents. Various situations may necessitate a modification of the existing orders, such as:
- Relocation: A parent or both parents may need to move to a different location due to work, family, or personal reasons, making the existing arrangements impractical.
- Change in Parenting Abilities: If one parent’s circumstances have significantly improved or deteriorated, it may impact their ability to provide adequate care for the child.
- Shift in the Child’s Needs: As children grow older, their preferences, school requirements, and extracurricular activities may change, necessitating adjustments to the custody arrangements.
- Safety Concerns: If a parent poses a risk to the child’s well-being due to abuse or neglect, the existing arrangements may need to be revisited.
- Medical or Special Needs: If a child develops medical conditions or special needs that require different care, the orders may need to be modified accordingly.
Before pursuing legal action, it is recommended that both parents attempt to negotiate any proposed changes privately or with the assistance of a Mediator or Family Therapist. Mediation can be a more cost-effective and less adversarial approach to resolving parenting disputes.
Open communication and a willingness to find a solution that benefits the child’s best interests are crucial during any negotiation.
