Parenting Arrangements in Victoria: How Are They Decided?
When parents separate, one of the most important and often difficult questions is: Who will the children live with, and how much time will they spend with each parent?
In Victoria, these decisions are known as parenting arrangements. Understanding how these arrangements are made can help you take the right steps to protect your child’s wellbeing.
At Village Family Lawyers, we provide clear, compassionate guidance to parents navigating this process — because when it comes to children, nothing matters more.
Listen To Our Podcast
Key Takeaways:
-
Parenting arrangements in Victoria are based on the best interests of the child.
-
Shared parental responsibility means joint decision-making, not necessarily equal time with each parent.
-
Parenting agreements can be made informally, through parenting plans, consent orders, or court orders.
-
Courts prioritise child safety and consider factors such as age, needs, relationships, and any risk of harm.
-
Early legal advice helps create clear, practical, and enforceable arrangements that support family stability.
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.
Frequently Asked Questions (FAQs)
Do children get to choose which parent they live with?
Not directly. A child’s views may be considered depending on their age and maturity, but the court decides based on their best interests. Village Family Lawyers can help you understand how these views are taken into account. Learn more on our parenting arrangements page.
What happens if parents can’t agree on parenting arrangements?
Parents are usually required to attempt Family Dispute Resolution (FDR) before going to court. If no agreement is reached, the court decides. Our free Parenting Plan Checklist can help you prepare and clarify your priorities before mediation
Does equal shared parental responsibility mean 50/50 custody?
No. It means both parents share in making big decisions about their child. Time arrangements depend on the child’s best interests and practical realities. Explore more in our article on new approaches to parenting arrangements after the 2024 reforms.
How does divorce affect parenting arrangements?
Divorce itself doesn’t decide parenting arrangements. However, the process of separation and divorce can be emotionally challenging for children. Read more in our guide: How Divorce Affects Children Emotionally: What Every Parent Should Know.
Can parenting orders be changed?
Yes. Orders can be varied if there has been a significant change in circumstances, such as relocation, safety concerns, or changes in a child’s needs. Village Family Lawyers can advise you on whether your situation qualifies.
How can I make sure my parenting plan works in practice?
Clarity and detail are essential. A vague plan can create conflict. Start with our Parenting Plan Checklist and speak with us to ensure your plan is practical, enforceable, and child-focused.
Parenting arrangements are about more than just schedules — they’re about creating a stable, supportive environment where children can thrive after separation.
At Village Family Lawyers, we guide parents through this process with expertise and compassion, always keeping children’s best interests at the centre.
Book an appointment with us today to get clear, practical advice tailored to your family’s needs.
