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This document summarises some of the more commonly asked questions regarding children’s matters. If your question is not answered on this page or you need further advice on any family law related matter please phone us on 02 6651 8440 or email info@bryantmckinnon.com.au.
Update February 2026
The Australian Government makes an assessment of child support payments between separated parents. The law specifies the complex formula for this assessment. The key elements are the costs of raising children, the incomes of each parent, the number of children in the family and the amount of care each parent provides. Alternatively, you and your former partner may reach an agreement without using the legislated formula by entering into a contract known as a Child Support Agreement. A “limited” agreement must provide for payments at least equal to the child support assessment. A “binding” agreement may be for any amount.
Services Australia may update its assessment if you advise them of changes in care arrangements, income or other relevant changes in your circumstances. If you disagree with a child support assessment, in some cases you may apply to Services Australia to change the assessment. This generally needs to be done within 28 days of the assessment. There are options for appeal if Services Australia rejects your application.
Yes. Child Support Agreements must be agreed in writing and signed by both parents. They must also be formally registered with Services Australia. In addition, if you enter into a “binding” Child Support Agreement, you and your former partner must each obtain independent legal advice before you sign. How do child custody arrangements affect child support payments? The child support formula takes into account overnight care, from at least 2 nights per fortnight, provided by you or your former partner (known as “regular care”). If each of you provides care between 5 and 9 nights per fortnight, this is referred to as “shared care”, and both parents may receive payments. Daytime contact alone will not affect child support payments.
We now talk about “parenting arrangements” rather than “custody”, “guardianship” and “access”. Generally, as a first step you and your former partner will meet with a qualified practitioner for a formal discussion known as Family Dispute Resolution. You are not required to participate in Family Dispute Resolution if in circumstances of urgency or where there are allegations of family violence or child abuse. If you are able to reach agreement on parenting arrangements, you may choose to record your agreement in a Parenting Plan, or you may apply to the Court to approve the arrangements by way of Consent Orders. Consent Orders are legally binding and enforceable.
Not necessarily. You can apply to the Court to resolve your parenting arrangements if you are unable to agree after meeting for Family Dispute Resolution. The Court also has a role in approving agreed parenting arrangements by issuing Consent Orders. A Court will only make Orders by consent if it is satisfied that the agreement reached between the parents is in the best interests of the children.
After hearing your dispute, the Court may make orders covering decision-making responsibilities as well as who your child will live with, spend time with and communicate with.
When deciding parenting arrangements, the Court’s primary consideration is what is in the best interests of the child. The Court will focus on:
The Court will also consider a range of additional factors, which may include the child’s views (taking into account their age and maturity), the child’s relationships with parents and other significant people, each parent’s capacity to meet the child’s needs, the benefit of stability in the child’s life, and any history of family violence, abuse or neglect. There is no presumption that children will spend equal time with each parent. The Court will make orders that best promote the child’s safety, welfare and development in their particular circumstances.
A Parenting Plan is a written agreement between you and your former partner documenting your agreed parenting arrangements. You may choose to enter into a Parenting Plan instead of seeking the Court’s approval of your agreed parenting arrangements through Consent Orders. The main difference is in your ability to enforce the arrangements. If your former partner breaks your agreement, the Court may only impose penalties if it has been approved in Consent Orders.
You should obtain the express written consent of your former partner in advance. If that is not possible, you should seek the Court’s permission to relocate. The Court will determine what arrangement is in the best interests of the child, including consideration of the safety of the child and the parents, and by looking at the relationship between the parents and the child, the child’s age, the difficulty and expense of visits with the other parent, the reasons for relocation, and whether it is appropriate for the other parent to also relocate.
The Court will always consider the views of the child. The amount of weight the Court gives to those views will depend on the age and maturity of the child.
In limited circumstances, yes. Generally, both parents with decision-making responsibilities must consent to a child’s passport application. In limited situations, the Australian Passport Office may issue a passport without one parent’s consent, or the Court may make orders permitting the issue of a passport.
You can apply to the Court for a Family Law Watch List Order, which will be served on the Australian Federal Police. Your child’s name will be placed on a database to alert airport officials if your former partner attempts to remove your child from the country. A Family Law Watch List Order can only be revoked by further Court Order. You can also submit a Child Alert request to the Australian Passport Office to ensure that the Office will alert you if it receives a passport application for your child or add your child’s name to the Family Law Airport Watchlist. Further information is available in our International Family Law FAQs.
You should seek the express written consent of your former partner. If this is not possible, you can apply to the Court. In New South Wales, it may be possible to change a child’s name without the other parent’s consent or a Court Order if you already hold sole decision-making responsibility under existing Court Orders. The Court will determine whether the name change is in the best interests of the child, by looking at short and long-term effects, potential embarrassment for the child, potential identity confusion for the child, and the potential impact on the relationship between the child and the parent whose name they originally bore.
This information is general in nature and does not constitute legal advice. Laws and procedures may change after publication, and some information may not apply to your particular circumstances. Please contact our office if you would like to arrange an appointment to obtain advice specific to your situation.