Social media posts can be used as evidence in family court proceedings and may influence parenting decisions, financial outcomes, and credibility. As social media use continues to grow, this type of evidence is becoming increasingly common in family law matters and is assessed alongside other material before the Federal Circuit and Family Court of Australia.
What Is Considered Social Media Evidence?
Social media evidence can include any online content that can be presented to the court, which can be used to support or challenge a party’s position.
This commonly includes:
- Posts, photos, or videos shared publicly or privately
- Direct messages, comments, or replies between parties
- Location data, check-ins, or tagged activity
- Content shared by others that involves or references a party
For example, a photo showing travel during a period of claimed financial hardship, or messages demonstrating conflict between parties, may be relied upon as evidence.
When relevant to the issues in dispute, this material may be treated as documentary evidence and assessed alongside affidavits and other documents.
What Role Does Social Media Play in Family Court?
Social media evidence considered in family law matters can sometimes provide insight into behaviour, financial positions, and communication.
It most commonly arises in:
- Parenting disputes
- Property and financial matters
- Contravention or enforcement proceedings
How the Court Uses Social Media Evidence
Social media evidence can be presented through screenshots or records attached to an affidavit or handed up during hearings in certain circumstances. Once filed, it becomes part of the evidence before the court.
The court can assess whether the content supports or contradicts a party’s evidence, what weight ought to be attached to any such evidence, among other things. Where inconsistencies arise, this may affect credibility. Social media is rarely decisive on its own and can be considered alongside the broader evidence.
When Social Media Becomes Relevant
Social media becomes relevant when it connects directly to the issues in dispute.
In parenting matters, content may be used to assess behaviour, risk issues, and decision-making. Posts that raise concerns about lifestyle or judgment may be considered.
In property matters, social media may provide insight into financial circumstances, including spending, travel, business activity, or assets not reflected in formal disclosure or court documents.
Communication between parties may also be relevant. Messages or comments can demonstrate cooperation, conflict, or inappropriate conduct.
Social Media Issues That Can Affect Your Case
Certain types of social media activity are more likely to influence family court outcomes.
Examples include:
- Posts showing excessive alcohol use, drug use or unsafe environments
- Evidence of travel or purchases inconsistent with financial disclosure
- Messages that are aggressive, threatening, or inappropriate
- Content that contradicts statements made in an affidavit
In many cases, the issue is not the existence of social media, but whether it aligns with the evidence presented to the court.
Can Deleted or Private Content Be Used?
Deleting a post does not prevent it from being used if it has already been captured. Screenshots or saved records held by another party may still be relied upon.
Privacy settings also do not guarantee confidentiality. Content shared with others can be reproduced and presented as evidence where relevant.
What Does the Family Court Consider?
The court assesses social media evidence based on timing, relevance and consistency along with other material and evidence.
| Factor | What the Court Assesses |
| Timing | When the content was created and whether it aligns with events in dispute |
| Relevance | Whether the content relates directly to parenting, finances, or conduct |
| Consistency | Whether it matches or contradicts affidavit evidence |
| Impact on children or party | Whether the content affects a child’s safety or wellbeing, or that of a party |
Social media is considered as part of the broader evidentiary picture rather than in isolation.
How to Manage Social Media During a Family Court Matter
Social media use during proceedings requires active management to avoid creating evidence that may undermine your case.
Key considerations include:
1. Consider the impact of online activity that is contrary to your evidence
There may be potential issues for your case if content shared online is inconsistent with your affidavit and financial disclosure. Posts that contradict your evidence can affect credibility.
2. Avoid discussing the proceedings
Comments about the case, the other party, or the court can be relied upon and may escalate conflict or reflect poorly on conduct. In some circumstances, such conduct may be deemed a breach of certain provisions in the Family Law Act 1975 (Cth) relating to communications.
3. Be mindful of indirect content
Photos, check-ins, or tagged posts may reveal information about lifestyle, spending, or relationships, even if not posted directly by you.
4. Understand that others can share your content
Content sent privately or shared with friends can be screenshotted and produced as evidence.
5. Consider pausing or limiting use
Reducing activity during proceedings may minimise risk, particularly in contested matters involving parenting or financial disputes.
How Legal Support Assists With Social Media Evidence
Legal support provides clarity on how social media content may affect your case and how it is likely to be interpreted by the court.
A family lawyer assists by:
- Identifying content that may present risk or inconsistency
- Considering the impact of any content on filed court documents, such as affidavit evidence
- Advising on what material should be disclosed or addressed
- Responding to social media evidence relied on by the other party
- Guiding appropriate conduct during proceedings to avoid further issues
Early legal advice can allow risks to be addressed before they affect credibility, financial findings, or parenting outcomes.
Speak With Daykin Family Law About Your Matter
Social media activity can affect the outcome of a family court matter in ways that are not always immediately apparent.
If you are involved in proceedings or anticipate a dispute, early legal advice assists in identifying risks and ensuring your case is prepared effectively.
Contact Daykin Family Law to discuss your situation and take a structured approach to your matter.
Preparing for what is commonly referred to as “Family Court” in Queensland requires understanding of the court process, organising evidence, and complying with procedural rules. Structured preparation improves clarity, strengthens your position, and reduces avoidable delays in the Queensland family court system, which is in fact an Australia-wide court except in Western Australia.
What Is the Family Court QLD?
The Family Court in Queensland operates under the Federal Circuit and Family Court of Australia, which determines family law disputes across Queensland as well as other States and Territories in Australia.
The court hears matters including:
- Parenting orders, including living arrangements and parental responsibility
- Property settlement disputes
- Spousal maintenance applications
- Divorce applications
- Enforcement and contravention proceedings
These matters are determined under the Family Law Act 1975, which governs parenting and financial disputes in Australia.
Where Are the QLD Family Court Located?
Family law Court matters are heard at registries of the Federal Circuit and Family Court of Australia across Queensland.
The Brisbane registry is the primary location for family law court services within Southeast Queensland.
Queensland Family Court Registry Locations
Location | Address | Registry Type |
119 North Quay, Brisbane QLD 4000 | Full-time registry (largest in QLD) | |
Level 3, 104 Grafton Street, Cairns QLD 4870 | Full-time registry | |
Level 2, 143 Walker Street, Townsville QLD 4810 | Full-time registry | |
46 East Street, Rockhampton QLD 4700 | Full-time registry | |
Cornmeal Parade, Maroochydore | Circuit-only location (filing not available) | |
159 Hume Street, Toowoomba | Circuit-only location (filing not available) | |
Hervey Bay Court House, Cnr Queens Road & Freshwater Street, Hervey Bay | Circuit-only location (filing not available) | |
Mackay Magistrates Court, 12 Brisbane Street, Mackay | Circuit-only location (filing not available) | |
44 Quay Street, Bundaberg | Circuit-only location (filing not available) |
Hearings may also be conducted electronically via Microsoft Teams, depending on the nature of the application and court directions.
The 6 Key Steps in Preparing for Family Court Queensland
Preparing for family law court requires structured organisation, procedural compliance, and clear evidence. The following six steps outline how to prepare effectively for the Queensland family court process.
Step 1: Identify Your Application Type
Preparation begins by identifying the type of application before the family court.
Common application types include:
- Parenting matters, including living arrangements and parental responsibility
- Property settlement proceedings, involving division of assets and liabilities
- Divorce applications, seeking formal dissolution of marriage
- Spousal maintenance applications, requesting ongoing financial support
- Urgent recovery orders, such as applications for the return of a child
- Interim applications, seeking orders before a final hearing
Each category carries distinct documentary requirements, disclosure obligations, and evidentiary standards. Clear identification ensures preparation aligns with court rules.
Step 2: Gather and Organise Required Documents
Family law court preparation requires complete and organised documentation. The Court determines matters based on sworn evidence and financial disclosure.
Key Documents Commonly Required
Document Type | Examples |
Financial documents | Bank statements (12 months), tax returns (3 years), superannuation balances |
Parenting evidence | School reports, medical reports, psychologist reports, communication records |
Asset evidence | Property valuations, business valuations, mortgage statements, vehicle registrations, business financials |
Communication records | Emails, text messages, parenting app correspondence |
Step 3: Prepare Your Affidavit
An affidavit is a sworn written statement of facts relied upon by the Court.
A well drafted affidavit:
- Presents events in a certain order that is easy to read and digest
- States facts rather than opinions or arguments
- Clearly refers to annexures and supporting documents
- Remains concise and structured
Step 4: Comply With Pre-Action Procedures
Most family court QLD matters require compliance with pre-action procedures before filing.
These include:
- Attempting genuine dispute resolution
- Exchanging financial disclosure
- Providing written notice of intention to commence proceedings
Failure to comply may result in cost consequences or procedural delay.
Step 5: Understand Interim vs Final Hearings
Understanding the type of hearing improves preparation strategy.
Interim Hearing | Final Hearing |
Orders during a case before final hearing | Final determination |
Determined on affidavit material largely, some cross-examination in fairly limited cases | Includes cross-examination of witnesses and affidavit material |
Shorter duration | May run for multiple days |
Focused on urgent or more short-term issues | Determines final parenting or property outcome |
Step 6: Understand Courtroom Expectations
Preparation includes practical awareness of courtroom conduct.
At family court:
- Arrive at least 30 minutes early
- Dress conservatively
- Address the Judge as “Your Honour”, Senior Judicial Registrars and “Senior Judicial Registrar” and Judicial Registrars as “Registrar”
- Remain calm and respectful
- Avoid interrupting the Court or the other party
Judicial officers can assess conduct alongside evidence. Conduct and presentation can support or damage credibility in some cases.
Common Mistakes to Avoid in Family Court
Family court proceedings require strict procedural compliance. Avoiding common mistakes can strengthen your credibility and reduce the risk of adverse outcomes.
Common errors include:
- Failing to provide full and frank financial disclosure
- Filing affidavits that argue rather than state facts, or annex large amounts of documents
- Ignoring court directions or deadlines
- Breaching interim orders
- Attempting to rely on informal or unfiled evidence
The Court expects compliance with procedural rules at every stage. Non-compliance may affect prospects, credibility, case progression, and lead to cost outcomes.
Why Legal Representation Strengthens Your Position in Family Court
Family law court proceedings in Queensland involve strict procedural rules, evidentiary standards, and interpretation of the Family Law Act 1975. Errors in preparation can affect prospects, credibility, delay proceedings, or weaken outcomes.
Engaging a, expert family lawyer provides:
- Strategic assessment of your legal position
- Structured preparation of affidavits and evidence
- Compliance with disclosure obligations
- Risk identification before court dates
- Guidance through interim and final hearing stages
- Practical advice on settlement options and each step, and ways to save costs
How Daykin Family Law Supports Clients in Family Court QLD
Daykin Family Law focuses on structured preparation and strategic case management.
We assist clients by:
- Developing clear case strategies aligned with legislative principles
- Preparing precise, fact-based affidavits
- Managing full and frank financial disclosure
- Coordinating expert reports and briefing Counsel where required
- Gathering evidence
- Conducting principled negotiations to resolve matters efficiently
Speak With Daykin Family Law About Your Family Court Matter
Preparing for family law court in Queensland requires more than documentation. It requires clear strategy, procedural compliance, and informed decision-making at every stage.
If you are commencing proceedings or responding to an application, early legal guidance strengthens preparation and reduces avoidable risk.
Daykin Family Law provides structured advice tailored to your circumstances, whether your matter involves parenting arrangements, property settlement, or interim applications.
Contact our team to discuss your next steps with clarity and confidence.
When a relationship ends, pets are now treated differently under Australian family law.
Since 10 June 2025, the Family Law Amendment Act 2024 (Cth) amended the Family Law Act 1975 (Cth) (the Act), giving courts power to make specific orders about companion animals during property settlements.
The key issue is whether your pet meets the legal definition of a companion animal.
What Is a Companion Animal?
A companion animal is an animal kept by parties to a marriage or de facto relationship primarily for companionship.
A companion animal does not include:
- An assistance animal under the Disability Discrimination Act 1992
- An animal kept as part of a business
- An animal kept for agricultural purposes
- An animal used in laboratory testing or experiments
If your pet does not fall within these exclusions, it may qualify as a companion animal under the Act.
What Orders Can the Court Make About Pets?
In property settlement proceedings, the Court can make interim or final basis, including by consent, about companion animals.
The Court is limited to the following orders:
Order type | What it means |
Ownership to one party | One person becomes the legal owner of the companion animal |
Transfer to another person | Ownership transfers to a third party who consents |
Sale of the animal | The companion animal is sold |
These are the only orders available under the Act.
The law does not allow shared ownership or time-based arrangements. Only one person retains ownership of the pet.
How Does the Court Decide Who Keeps a Companion Animal?
When considering what orders, if any, should be made about a companion animal, the Court can consider the following factors:
- The circumstances in which the companion animal was acquired;
- Who has ownership or possession of the companion animal;
- The extent to which each party cared for, and paid for the maintenance of, the companion animal;
- Any family violence to which one party has subjected or exposed the other party;
- Any history of actual or threatened cruelty or abuse by a party towards the companion animal;
- Any attachment by a party, or a child of the marriage, to the companion animal;
- The ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party; and
- Any other fact or circumstances which, in the opinion of the Court, should be taken into account.
There are a lot of considerations when determining where a pet should live, which seems appropriate given the love that we have for our pets!
Contact Daykin Family Law
The amendments that commenced on 10 June 2025 allow courts to make clear, enforceable decisions about certain pets following separation.
If you need advice or assistance regarding companion animals as part of a separation or property settlement, contact Daykin Family Law for expert family law legal guidance.
Consent orders are a legal way to formalise agreements on parenting matters (known by many as child custody) and property division following separation. They ensure your arrangements are binding and enforceable under Australian family law.
What are consent orders?
If you and your ex-partner have reached an agreement on the parenting arrangements and/or how the property will be divided, you can apply to the Federal Circuit and Family Court of Australia (Division 2) (the Court) to have your agreement made into orders.These are called consent orders.
You are able to apply for consent orders for both parenting and property in the same application, as well as separately. You can also apply for consent orders to discharge or vary existing family law orders.
The Court still has to be satisfied as to various matters for orders to be made, even if they are sought by consent between the parties.
See our article on Parent Plans vs Consent Orders.
Do I need a lawyer to apply?
No, you don’t need a lawyer, you can do it yourself. To apply for consent orders, you file a detailed Application for Consent Orders, Minutes of Consent setting out the agreement you have reached, and other accompanying documents depending on the orders that you seek.
There are many benefits of course associated with receiving legal advice about the agreement or how to draft the documents, but it’s not a requirement.
When can I apply?
The short answer – for most, any time after you have separated on a final basis if there is agreement. You don’t need to be divorced, as long as the separation is final.
The long answer – There are certain timeframes for applying to the Court for property orders, such as within 12 months from the date ofa divorce order takes effect for married couples, or 2 years from the date of separation for de facto relationships. If these time frames have passed, you can still apply for consent orders, if, for example, both parties agree to the application proceeding out of time.
If you think you may be approaching a time limit or have already passed it, we recommend that you get legal advice from a suitably qualified family lawyer, such as Daykin Family Law, as a matter of urgency.
What do I file?
Regardless of whether you are applying for parenting or property orders, you need to complete an Application for Consent Orders and Minutes of Consent setting out the Orders you seek.
The Application for Consent Orders can be downloaded from the Court’s website.
An Application for Consent Orders is a very detailed document. It includes information to assist the Court in determining if the Minutes of Consent can be made into Orders.
It includes general information, including, for example:
- each person’s name, date of birth, occupation etc;
- details about the relationship, when you started living together, married, separated and divorced;
- If there are any ongoing cases or any Orders, parenting plans or Undertaking;
It also includes information specific to the type of application. If you are applying for parenting orders, you may need to provide information about, for example:
- The child/ren;
- What the arrangements will look like, including the housing, financial support, health and education for the child/ren and, anything else relevant;
- If you consider that the child/ren has or is at risk of abuse, neglect or family violence; and
- Why the Orders you seek are in the child/ren’s best interest.
For property, the information can include, for example:
- Each parties’ income;
- The property owned by either person, and its value;
- Any loans or other liabilities that either person may have;
- Any superannuation that either person may have;
- Considerations relating to the financial, non-financial and parenting contributions of the parties, specific issues pertaining to family violence, or anything else relevant to determining the division of property;
- Considerations relating to the current and future circumstances of the parties;
- How you propose the property pool is divided; and
- Who retains what.
Minutes of Consent
The Minutes of Consent is where you set out the exact orders you are requesting. For parenting, this might include:
- Parental responsibility
- Living arrangements
- Travel and other associated decisions
For property, it might include:
- Transfer of assets (e.g., family home, superannuation split)
- Refinancing mortgages, etc.
It’s crucial that the orders are detailed and clear so the Court can understand your intentions and make decisions accordingly.
Additional Documents
In addition to the above documents, depending on whether you are filing for parenting, property, or both, and the type of orders that you are asking for, you may be required to file additional material.
How do I apply?
The easiest way to apply for consent orders is to file your Application and accompanying documents online, through the Commonwealth Courts Portal.
The Court website has lots of information to assist people with applying, including a step-by-step guide. If you are unable to apply online, you can also apply in person at one of the Court Registries.
There is a filing fee when you apply.
What happens once my Application is filed?
Once your Application is filed, it will be assigned a date to be reviewed by a Judicial Officer. If the court is satisfied as to relevant matters (such as that parenting orders are in a child’s best interests or the property orders are just and equitable), orders may be made on the terms of the Minutes of Consent sought and Court Orders may be issued by the Court.
An application may be requisitioned in some circumstances so that you can, for example, file amended documents or provide further information.
I have Court Orders – what next?
Court Orders are binding and enforceable, so it is important that you comply with all of the Orders and ensure you complete anything by the required date.
If you are unable to comply with an Order or consider that you may not be able to comply in time, you should seek independent legal advice as soon as possible.
Contact Daykin Family Law for help with Consent Orders
Consent orders are one way to formalise an agreement about the care arrangements for your child/ren, or how your property will be divided. There are other ways, and you should seek fulsome legal advice to ensure that your interests are fully protected as the above is just general information.
Contact the team at Daykin Family Law today for expert legal advice and to discuss whether consent orders are right for your situation.
Identifying the subtle and insidious signs of coercive control is challenging but can be vital for the well-being of individuals and families. It is important to be able to spot the signs of coercive control as early as possible.
This form of abuse, often hidden beneath the surface, can have profound and lasting effects on those subjected to it. As leading family law experts, we want to shed light on this all-too-pervasive issue.
In this article, we delve into what can constitute coercive control, the signs to look out for, and the legal avenues available in Australia to safeguard yourself and your loved ones. By raising awareness and understanding, we hope to empower individuals, equip them with knowledge, and ultimately, contribute to breaking the cycle of this silent form of domestic violence.
What is Coercive Control?
Coercive control is an ongoing and deliberate pattern of behaviour intended to dominate, control, or isolate another person through repeated harmful actions, which can be physical or non-physical. These actions, while sometimes appearing minor individually, become significantly harmful through repetition and continuity. Coercive control can occur in various relationships, including intimate partnerships, family dynamics, or caregiving situations. It’s particularly recognised as domestic abuse and is a criminal offence in many Australian states, including Queensland. The controlling behaviours are often tailored specifically to the individual victim, shifting as circumstances change. Help is available for anyone experiencing or concerned about coercive control.
13 Signs and Examples of Coercive Control
Here are a few of the key signs of coercive control. It’s important to note that not all of the following signs need to be present in order for abuse to qualify as coercive control; any single one of these signs on its own qualifies as coercive control. And there may be other forms that are not included below. As such, this list is not exhaustive. If you notice any of the following signs in your relationship or the relationship of a family member or friend, seek help today.
Isolation from friends and family
The abuser may seek to cut off the victim from their social networks, often under the guise of love or concern. This isolation can lead to the victim feeling alone and dependent on their abuser for social interaction and support.
Control over daily life
This could involve strict rules about mundane aspects of daily life, such as what to wear, what to eat, or where to go. This kind of micromanagement can significantly restrict the victim’s personal freedom and decision-making power.
Surveillance and privacy invasion
The abuser may monitor the victim’s communications, snoop on their personal devices or track their physical movements, undermining their personal privacy and autonomy.
Deprivation of basic needs
This could involve withholding access to necessary resources like money, food, transportation, or medical care, increasing the victim’s reliance on the abuser, significantly impacting their independence and well-being.
Threats and intimidation
The abuser may use threats, whether direct or indirect, to induce fear and compliance. This could involve threats of physical harm, threats to harm loved ones, or threats of self-harm. These threats may range from subtle hints to overt statements of harm.
Gaslighting
This psychological manipulation tactic is used to make victims question their own reality or sanity. The abuser may deny events, twist the truth, or belittle the victim’s feelings and experiences, leading them to doubt their own perceptions and judgement.
Dehumanisation and degradation
The victim may be subjected to constant criticism, humiliation, or insults, eroding their self-esteem and sense of self-worth.
Restricting freedom of movement
This could involve the abuser refusing to let the victim leave the house, controlling where they can go, or even physically restraining them.
Control over finances
The abuser may control the victim’s access to financial resources, monitor their spending, or make all financial decisions, rendering the victim financially dependent.
Manipulation of information
The abuser might lie, withhold important information, or distort the truth to confuse and control the victim.
Enforcing trivial demands
The abuser may insist on the victim adhering to seemingly insignificant demands or routines, instilling a constant state of compliance and fear of consequences.
Punishments or consequences for ‘disobedience’
If the victim doesn’t comply with the abuser’s rules or demands, they may face punishments. These could range from emotional manipulation to physical harm, or threats towards someone or something close to the victim.
Control over personal appearance
The abuser might dictate how the victim should look, including their clothing, hairstyle, makeup, or weight.
Each of these signs individually can be harmful, but when combined in a pattern of coercive control, they can have a deeply damaging and lasting impact on the victim’s emotional, psychological, and physical wellbeing. It’s crucial to recognise these signs and take action, whether you’re a victim or a concerned friend or family member.
How to Deal with Coercive Control
If you find yourself subjected to a situation of coercive control, it’s crucial to remember that you’re not alone and there are resources available to support you. Here are a few ways that you can deal with it:
- Recognise the signs: The first step is to understand what coercive control is and acknowledge if you’re experiencing it. This will empower you to seek the help you need.
- Reach out: Try and talk with trusted friends and family members about your situation. If you have no one close to you that you can talk to then reach out to one or more of the following resources. You could talk to a trusted medical practitioner.
- Utilise available resources: There are numerous dedicated hotlines available to provide immediate assistance. Here are a few key contacts:
- Relationships Australia (Queensland branch): 1300 364 277
- 1800RESPECT: 1800 737 732
- DVConnect Womensline: 1800 811 811
- DVConnect Mensline: 1800 600 636
- Sexual Assault Helpline: 1800 010 120
- Kids Help Line: 1800 55 1800
- Lifeline: 13 11 14
- Prioritise safety: If you or your children are in immediate danger, call 000 immediately. Safety should always be the top priority.
- Seek legal advice: The intricacies of legal processes can be challenging to navigate. Professional legal advice can help you understand your rights and the options available to you. At Daykin Family Law, our expert team is ready to guide you through these challenging times. Contact us today to find out how we can help.
Remember, it’s important to take steps that are safe for your situation. Each circumstance is unique, and what works for one person might not work for another. You don’t have to face this alone, and help is available.
Separation can cause many challenges for parents and children alike, including stress and uncertainty around the children’s care arrangements. It is important to understand your options.
There are two main ways to formalise parenting arrangements, firstly, through a parenting plan and, secondly, through Consent Orders. Both come with their own advantages and disadvantages. So, which option is best for you and your family?
What is a parenting plan?
A parenting plan sets out the parenting arrangements for a child or multiple children.
Parenting plans are typically entered into jointly by the parents when they agree on the care arrangements for a child.
The Family Law Act 1975 (the Act) governs parenting plans and the requirements for a document to be recognised as a parenting plan.
Under the Act, a parenting plan is an agreement that:
- Is in writing;
- Is or was made between the parents of a child/ren;
- Is signed by the parents of the child/ren;
- Is dated; and
- Deals with one or more specific things, including but not limited to:
- The parent that the child will live with;
- The time that the child will spend with the other parent;
- The allocation of parental responsibility for a child;
- The communication a child will have with the parents; and
- Any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.
A parenting plan must be made free from any threat, duress or coercion.
Advantages and disadvantages of a parenting plan
Some of the benefits of a parenting plan include:
- Parenting plans can be varied periodically for example, to adapt to the changing needs of children. By contrast, it can be more difficult to periodically vary Consent Orders;
- They can be completed without the need for legal assistance;
- If you seek legal assistance, they may be more cost effective than Consent Orders;
- They can be relatively simple to draft, especially when compared to an Application Consent Orders and minutes of consent;
- A parenting plan is not a formal Court Order, so it may be more flexible and easier to change, to reflect the child’s or parents’ changing needs;
- They may be written in less formal terms than a Consent Order; and
- They may be less detailed than Consent Orders, as they don’t have to address all of the care arrangements for the child.
Some of the disadvantages of a parenting plan include:
- As they may be less detailed than Consent Orders, this may leave room for disagreement about anything not included in the parenting plan;
- A parenting plan may be varied or revoked by agreement in writing between the parents, so arguably, it may be easier for a parent to stop complying with the agreement; and
- A parenting plan is not enforceable by the Court, meaning if a parent fails to follow the agreement, it may be difficult to enforce. However, if an issue arises and you commence proceedings, the Court may consider the terms of the most recent parenting plan when making a parenting Order and parenting plans are often an important piece of evidence in future parenting proceedings.
What are Consent Orders?
Consent Orders for parenting are Court Orders that formalise the agreement reached between parties about the care arrangements for a child or multiple children. Consent Orders for parenting are also governed under the Act.
To enter into Consent Orders, you and the other party (usually the other parent) complete and file specific documents with the Federal Circuit and Family Court of Australia (the Court).
One document you file is an Application for Consent Orders, providing the Court with information about, including, but not limited to, the child, parents, and the current and proposed care arrangements.
This provides the Court with information to assist in determining if the Orders are in the child’s best interest, which is the paramount consideration of the Court.
You and the other party also complete and file a Minutes of Consent, setting out the agreement that you have reached, along with other accompanying documents. The Minutes of Consent may cover similar things as a parenting plan and may be written in a similar, but more formal manner.
They are the terms of the orders that the parties are seeking to be made by the Court. Once Consent Orders are made by the Court, they are binding and enforceable on the parties.
Advantages and disadvantages of Consent Orders
Some advantages of Consent Orders include:
- They may be completed by a party without the need for legal assistance. The Court has a step-by-step guide on how to apply for Consent Orders on their website, which may assist self-representing parties to complete the process;
- Consent Orders are made by the Court and legally binding on the parties. This means that both parties must follow the Orders, and if either party fails to do so, there may be serious consequences;
- As the Consent Orders are legally binding on the parties, if one party is not complying with the Orders, the other party may have more access to remedies through the Court; and
- They may only be changed in limited circumstances, including for example, when there has been a significant change in circumstances or by consent between the parties. This may also be a negative, as if you wish to change the Orders and are unable to reach agreement, it may be a complex and costly process to apply for a change through the Courts.
Some disadvantages of Consent Orders include:
- They may be completed by a party without the need for legal assistance, however it is arguably more complex to apply for Consent Orders than it is to enter into a parenting plan;
- If you have a lawyer assisting you, it may be more costly to draft, as multiple documents are filed (for example, the Application for Consent Orders and Minutes of Consent), unlike a parenting plan;
- If the Court does not consider the Minutes of Consent to be in the child’s best interest, they may not make Consent Orders;
- It may be more difficult to vary Consent Orders then a parenting plan, as you may wish to formalise the variation with the Court; and
- To file an Application for Consent Orders and the accompanying documents, the Court has a filing fee.
Parenting plan or Consent Orders – which do I choose?
There are many advantages and disadvantages to parenting plans and Consent Orders.
There may be more flexibility to vary a parenting plan if the needs of the child or parents’ change and it may cost less to enter into a parenting plan, when compared to Consent Orders.
Consent Orders are legally binding and enforceable on the parties, arguably providing greater certainty on the arrangements for the child.
They also provide for more access to remedies if a party does not comply with the Orders.
Daykin Family Law is here to help
It can be difficult deciding if a parenting plan or Consent Orders is best for you and your children, and the answer may likely change depending on your circumstances. If you need assistance deciding, or with negotiating and drafting a parenting plan or Consent Orders, experienced family lawyers like Daykin Family Law can help. Contact Daykin Family Law today for clear, practical, and supportive legal advice
Navigating the end of a relationship can be stressful and complicated, especially when dividing assets and liabilities. Many people finalise a property settlement well before finalising a divorce. At Daykin Family Law, we regularly help clients manage their financial and property settlements promptly after separation. Here’s a straightforward guide on handling property settlements before divorce in Australia.
Can You Do a Property Settlement Before Divorce?
As touched on above, yes, you can. Property settlement and divorce are separate legal matters under Australian law. You can finalise your property arrangements right after separation—even the following day in theory, although most people would likely need time to process the separation, work through any preliminary settlement steps and reach agreement. Early settlement simplifies your divorce proceedings, saving time, money, and reducing stress.
Remember, while you can start property settlement immediately, Australian law requires you to be separated for 12 months before formally applying for divorce.
Selling Property Before a Divorce Settlement in Australia
Selling property before a divorce settlement is legal but requires careful planning.
When Selling Property Early Makes Sense:
- Both parties agree clearly on the sale and the distribution of proceeds.
- The property needs immediate sale to avoid financial hardship or a decrease in value.
- Ongoing joint financial obligations, such as mortgage repayments, need to be reduced or ended.
- Maintenance costs or financial commitments make continued ownership impractical.
Risks of Selling Property Early:
- Potential disputes over dividing proceeds.
- Emotional tensions causing communication breakdowns during negotiations.
- Unexpected tax and financial implications.
- Possible delays or challenges if one party opposes the sale.
Getting legal advice early ensures fair and enforceable agreements are in place before proceeding.
How to Calculate Property Settlement in Divorce
Australian family law as at the time of publishing this blog (noting there are changes coming to property settlement law on 10 June 2025 which this article does not cover) does not use a fixed formula to calculate property settlements. Instead, the courts consider several factors to determine a fair division:
Step 1: Identify and Value Property
Identify all assets, liabilities, super, financial resources, whether owned jointly or individually. Typically, these include:
- Real estate (family home and other properties)
- Bank accounts and cash
- Investments and shares
- Superannuation
- Vehicles and recreational assets
- Businesses and trusts
- Jewellery, collectibles, and art
- Insurance policies
- Inheritances
Liabilities typically include mortgages, loans, and credit card debts. Independent valuations for major assets ensure accuracy.
Step 2: Assess Contributions
The court currently considers both direct and indirect contributions (although keep in mind this is changing on 10 June 2025 with amendments to the Family Law Act and stay tuned to our website for more on this):
- Financial contributions, including earnings, savings, and property brought into the relationship.
- Non-financial contributions like home improvements, managing investments, or running a business.
- Homemaking and parenting responsibilities.
Step 3: Consider Future Needs
The court evaluates each person’s future needs, considering:
- Age and health
- Income potential and employment prospects
- Childcare and dependent responsibilities
- Length of the relationship
- Other relevant factors
Step 4: Justice and equity
The court decides if the proposed settlement is just and equitable. Adjustments can be made on this step. An example may be in circumstances where one party is retaining a high portion of the combined superannuation of the parties, and the other party may for example be retaining the former matrimonial home and the mortgage. In that case, the court could make an order for the first party to split some super to the other party, and the other party to make a payment to the first party.
Formalising Your Property Settlement
Formalising your property settlement legally protects both parties. Two common ways to record a settlement in a binding and enforceable way is to enter into Consent Orders or a Binding Financial Agreement (BFA).
Consent Orders
- Approved/made by the Federal Circuit and Family Court of Australia when filing an Application for Consent Orders and Minutes of Consent.
- Legally binding and enforceable.
- Clearly outlines agreed terms.
Binding Financial Agreement
- Created without court “approval” but requires independent legal advice for both parties.
- Can address property division, superannuation splitting, and spousal maintenance.
- Legally binding and enforceable.
Important Time Limits
There are specific time limits for property settlements:
- Married Couples: You have 12 months from the date that a divorce order takes effect to file in court for property settlement and/or spousal maintenance orders.
- De Facto Couples: You have 2 years from the date of separation to file in court for property settlement and/or maintenance orders
Missing these deadlines requires special court permission (known as leave of the court), which may not always be granted and can be an expensive process.
Benefits of Early Property Settlement
Initiating your property settlement early has many advantages:
Provides Financial Clarity and Certainty
Settling your property matters early gives you clear knowledge of your financial situation. You know exactly what you own and owe, enabling better planning and decision-making about your future finances.
Minimises Conflict and Expensive Legal Disputes
The earlier you settle property matters, the less likely disputes may escalate. Addressing financial issues early reduces misunderstandings, disagreements, and costly court battles, saving both parties time and money.
Prevents Complications from New Assets or Debts
Finalising your settlement quickly prevents additional assets or debts from complicating your case. If either party accumulates new property or liabilities after separation, these can complicate negotiations and increase tensions.
Facilitates Emotional and Financial Recovery
Early settlement allows you to move on emotionally and financially. By promptly resolving financial ties, you can focus your energy on rebuilding your life and planning your future, leading to quicker emotional recovery.
Contact Daykin Law for Help With Your Property Settlement
Property settlements can be complex and emotionally charged. Getting expert legal guidance early is essential. Daykin Family Law specialises in managing property settlements effectively and ensuring outcomes tailored to your unique circumstances.
If you’re considering a property settlement before divorce, contact Daykin Family Law today for clear, practical, and supportive legal advice.
FAQs
How Long Does Property Settlement Take?
The duration of a property settlement varies significantly based on the complexity of your property settlement and the level of agreement between parties. Settlements can take anywhere from a few weeks to more than a year, particularly if court involvement is necessary.
Who Pays Court Costs in Property Settlement?
Typically, each party covers their own legal fees and court costs. However, in some cases, the court might order one party to contribute to the other’s legal expenses, especially if one party has acted unreasonably during proceedings as an example.
Do I Need a Lawyer for Property Settlement?
While it’s possible to handle property settlements without legal representation, having a lawyer is highly recommended. Property settlements involve complex legal processes, and professional advice ensures your interests are protected and agreements are legally enforceable. If you’re in Brisbane and need help with property settlement, contact us today.
Binding Financial Agreements (BFAs), commonly referred to as prenuptial or postnuptial agreements, serve as an important tool for Australian couples who wish to outline the division of their assets in the event of separation or divorce. While BFAs provide clarity and security for many couples, it’s important to understand that these agreements aren’t ironclad and can indeed be overturned by the courts in certain situations. This blog delves into the grounds and processes involved in overturning a BFA, using up-to-date Australian legal references and relevant case studies as at the time of publishing.
What is a Binding Financial Agreement?
A Binding Financial Agreement is a legally enforceable agreement under Australian law that sets out how a couple’s assets, liabilities, and financial resources will be divided if their relationship ends, and can deal with other things as well in certain cases such as maintenance and spousal maintenance. While commonly associated with marriage, BFAs can be created by de facto couples, married couples, people entering a de facto relationship, and even couples who have already separated or divorced.
There are several requirements for BFAs to avoid potential issues, and for a BFA to be binding and enforceable under Australian law, including but not limited to:
- The agreement must be entered voluntarily.
- Both parties must provide full financial disclosure.
- Independent legal advice must be received by both parties.
- Lawyers must certify that such advice was provided.
Grounds for Overturning a BFA
There are specific grounds outlined under Sections 90K and 90UM of the Family Law Act 1975 which outlined circumstances where a court has the power to set aside a BFA (which is essentially to overturn the BFA). Some of these include:
1. Fraud or Misrepresentation
Fraud can involve deliberately withholding significant financial information or providing false information when drafting the agreement.
2. Failure to Comply with Legal Requirements
A BFA can be overturned if legal formalities are not followed. These include the absence of independent legal advice or inadequate documentation proving such advice in some circumstances.
3. Unconscionable Conduct or Duress
Courts may overturn a BFA if one party was coerced into signing it, either through undue influence, emotional pressure, or outright threats. The landmark case Thorne v Kennedy [2017] exemplifies this, where the High Court invalidated a BFA after determining the wife was subjected to significant pressure and undue influence shortly before the wedding (source).
4. Material Change in Circumstances
Material change in circumstances that has occurred relating to the care, welfare and development of a child and, as a result, there is certain hardship suffered.
5. Impracticability
BFAs might be overturned if circumstances have arisen since the agreement was made, it is impracticable for the agreement or part of it to be carried out.
How to Challenge a Binding Financial Agreement
To challenge a BFA, there is generally a detailed legal process to follow, such as:
- Legal consultation: Consult a specialist family lawyer who can assess the merit of your challenge and your prospects of success in making such a challenge. The advice of a barrister at this step can be invaluable.
- Mediation or conciliation: Attempt to resolve disputes out-of-court.
- Carry out pre-action procedures: You need to consider how the relevant pre-action procedures apply to your case and which steps you must take before applying to the court.
- Filing an application: File an application with the Federal Circuit and Family Court of Australia.
- Serving the application: Formally serve the documents on the other party pursuant to the relevant Rules.
- Gathering evidence: Collect documentation such as financial records, communication evidence, or proof to support your case.
- Response from the other party: The other party may defend the BFA’s validity and do so in their Response to Initiating Application. The other party must detail the orders they seek in response to the Initiating Application.
- Court process: There are specific steps in the court process which involve first mentions in the court, and can involve interim hearings as well.
- Explores avenues to settle: Any options to try and settle the matter without further litigation can be explored and considered, such as attending another mediation.
- Court decision: A judge will make a decision at a final hearing if the matter is not settled prior.
- Appeal process: Limited scope to appeal decisions under the relevant legislation. Specialist legal advice should be sought as soon as possible after final hearing given there are strict time limits to file an Appeal.
Alternative: Negotiating a New Agreement
Instead of going to court, it may sometimes be more beneficial for both parties to renegotiate the terms of the BFA amicably. This process can offer a quicker, less stressful, and more cost-effective resolution compared to formal court proceedings. It typically involves the following detailed steps:
- Mutual agreement to renegotiate: Both parties must willingly agree to revisit and adjust the original terms, acknowledging changes in circumstances or evolving financial positions.
- Independent legal advice: Each party should engage their own independent legal advisors to ensure they understand the implications of the new agreement fully and protect their rights and interests.
- Comprehensive financial disclosure: Both parties must openly provide updated and accurate information regarding their current financial positions, including assets, liabilities, income, and expenses.
- Negotiation and mediation: Parties can negotiate directly, through their lawyers, or employ a mediator to facilitate discussions. Mediation often helps manage emotions and ensures negotiations stay productive and balanced.
- Drafting and reviewing the new agreement: Once terms are agreed upon, a new BFA is drafted which will generally terminate the original BFA as part of it. Lawyers for both parties will review this document to ensure compliance with legal standards and confirm that it clearly reflects the intentions of both parties.
- Legal certification: Independent legal advisors for both parties must issue certificates confirming comprehensive advice has been given regarding the new agreement’s advantages and disadvantages, among other things.
- Finalisation and implementation: The newly negotiated BFA must be signed and formally executed.
Negotiating a new BFA is often preferable because it preserves relationships, maintains control over outcomes, and minimises legal costs and emotional strain associated with court actions.
How Likely is Success in Overturning a BFA?
Success in challenging a BFA varies significantly, influenced by the specific circumstances and quality of evidence. Each case is unique, and courts assess each application carefully, considering a range of factors under the relevant legislation. However, the process of overturning a BFA can be expensive and time consuming and specialist advice should be sought. Costs and consequences can flow against an unsuccessful party in court.
Daykin Family Law is Here to Help
While Binding Financial Agreements are powerful tools offering financial security during relationship breakdowns, they aren’t ironclad and can be subject to later challenge. Understanding when and how these agreements can be contested is essential. If you find yourself questioning the fairness or legality of your BFA, seek expert legal advice promptly. Experienced family lawyers like Daykin Family Law can guide you through the complexities of your situation, ensuring your financial rights remain protected.
A main concern for people when they separate is what will happen to any property they have accrued during the relationship. It’s no wonder then that questions around the division of property are some of the most common we are asked at Daykin Family Law.
We frequently advise on concerns related to the family home and ownership of property in the event of separation or divorce, so we’ve pulled together some of key facts you need to know about property before, during and after divorce or separation.
How do we go about dividing property and assets during separation and divorce?
There are several options available when it comes to the division of assets, but for most separating couples, what happens to the family home can be negotiated and agreed as part of property settlement. There is no set way for how this agreement can be reached, and often depends on reaching an outcome that suits both parties and the children, if any.
Simply put, a Property Settlement is the division of assets and liabilities between a separated couple, whether married or de facto involves the division of the things you and your partner own or have an interest in. This can include real property, businesses, shares and chattels to name a few.
If you require more information on the process and time constraints in detail, we’ve covered 8 Things You Need to Know About Property Settlement here.
Who pays the mortgage after separation?
At a time when budgets are often stretched, this question is a common one. Firstly, if the mortgage is in both names (‘joint names’) then both parties are legally responsible for paying the mortgage. If payments are not made, by either or both parties, then the bank can take steps to legally repossess the property, despite any separation or divorce proceedings that are in place.
If, in the event that one party, whether living in the house or not, refuses to make mortgage repayments, there are a number of options to consider:
- Contact the lending institution and inform them of the circumstances. It may be better that they are aware of the reason for defaulted payments and may be able to reach a compromise with you on repayments pending final division of your property through the Family Court or Federal Circuit Court.
- If you and your partner can agree to sell the property, this will ensure the mortgage is paid. Any proceeds following the sale can be held in a trust account until you reach an agreement with your former partner.
- In some circumstances, you can obtain a Court Order for spousal maintenance to force your partner to contribute to ongoing mortgage payments.
Whether you keep making mortgage payments depends on a number of circumstances. For example, continuing to make mortgage payments can enhance your property entitlements if those payments are considered to be post-separation contributions in certain scenarios.
In other circumstances, it can be advisable to cease making contributions where that person is no longer living at the property and has to rent new premises and lacks the capacity to make such payments. Ultimately, the decision made surrounding mortgage payments can impact on property settlement . It is strongly advised to seek advice from a family law specialist to decide the best course of action for your individual circumstances.
We’ve separated. Who stays and who goes?
In situations where one spouse is unable to live under the same roof as the other, a ‘holding pattern’ can be agreed that allows one spouse to take rented accommodation and for resources to be made available for this purpose until the property settlement is finalised. If no agreement can be reached and neither spouse wants to leave, an application can be made to the Court for an order granting sole occupation. In order to do this, it may need to be demonstrated that it isn’t viable for both spouses to live together, and that the funds are available to fund a separate accommodation for the other party.
We were in a de facto relationship. Can we still apply to the Court for Property Orders?
Yes, you may be able to. The Family Law Act 1975 contains certain mirror provisions that apply to both married and de facto couples. An application for property settlement arising from the breakdown of a de facto relationship can be made in circumstances where:
- the separated couple have been living together on a genuine domestic basis for two years or more; or
- there is a child of the relationship; or
- a party has made substantial contributions of a certain nature and serious injustice would result.
Can we begin the property settlement process before we divorce?
Yes, you can commence the process at any time. A settlement can be a lengthy process, so it can be advisable to begin the property settlement process as soon as it is feasible. Sometimes, the longer parties wait before dividing the property, the greater the chance that problems may arise, for example one of the parties could be reducing the property pool by wasting, selling or disposing of property.
It should also be noted that the Court will usually identify and value property that exists at the date of the final hearing, meaning property acquired by the parties after the date of separation can be taken into account.
However, it is important to only begin the process when you can think rationally. Where there is any hostility, it is advised to seek the assistance of a lawyer. Separating de facto parties must bring proceedings for Property Settlement and/or maintenance within two years of the date separation and married couples must do so within twelve months of a divorce order taking effect.
We have children. Will this affect the property settlement process?
Putting aside the legal aspects, if you have children, this can bring an emotive aspect to considerations around property, especially in the short term. In what is normally a turbulent time, parents should consider whether it is viable, appropriate and financially possible for one parent to remain in the family home with the children in the interim period of separation or divorce. Some separating couples in this situation prefer the primary carer to stay in the family home to ensure continuity for the children.
While both parties may strive to ensure continued access to the family home for the children, sometimes this may not be feasible. Many primary caregivers are not the primary income earners and may be concerned about how they might be able to make financial ends meet while maintaining continuity for the children in the family home, or how they will solely take on a mortgage.
Alternatives such as spousal maintenance may be an option in this scenario, to ensure one party pays for particular outgoings for a period, even if they are not living in the family home. Where there are financial strains from not immediately dividing the property assets, we strongly advise getting legal advice to try and reach the most balanced outcome for both parties.
What do I do now?
Separation, divorce and property settlement can be one of the most emotional and financially important decisions of your life so it’s crucial to work with a lawyer with the expertise and experience you need to be able to make informed decisions about your entitlements and which course of action is best for you personally and your children.
Daykin Family Law offers a discounted initial consultation wherein you can understand your entitlements and obligations. We can discuss your entitlements and suggest the best course of action to settle the matter quickly and efficiently.
If you believe you can come to an amicable agreement with your partner, it is still important to have that agreement formalised in a binding and enforceable way. Property Settlement can be a complex area of law; therefore, sound and pragmatic advice is needed to ensure that all issues are fully assessed from the outset and steps are put into place to protect you throughout your whole matter.
Each case is different and depends on the individual situation, so contact us today to start the discussion on how we can help you move your financial separation forward.
If you require further information on separation or divorce, check out some of our other articles:
Parenting arrangements determine how separated parents share the care and decision-making responsibilities for their child. As family lawyers, we believe these arrangements should always prioritise the child’s best interests and safety, emphasising stability, routine, and emotional well-being.
In Australia, the Family Law Act 1975 emphasises that children have a right to a meaningful relationship with both parents, provided there are no safety risks. Parenting arrangements can be informal agreements, formalised Parenting Plans, or legally binding Consent Orders approved by the Family Law Courts. We look at a few common parenting arrangements below.
Common Parenting Arrangements
Shared Care (Equal or Substantial Time with Both Parents)
Shared care arrangements aim to allow children to maintain strong relationships with both parents. However, they generally require a high level of co-operation between parents.
Popular Shared Care Schedules
- 2-2-3 Plan
- Monday & Tuesday: Parent A
- Wednesday & Thursday: Parent B
- Friday to Sunday: Parent A
- The next week reverses (Monday & Tuesday with Parent B, etc.).
- Best suited for younger children to maintain regular contact with both parents.
- More frequent transitions, which may not suit older children needing stability.
- 2-2-5-5 Plan
- Monday & Tuesday: Parent A
- Wednesday & Thursday: Parent B
- Friday to Tuesday: Parent A (5 days)
- Wednesday to Sunday: Parent B (5 days)
- Works well for older children with structured school and extracurricular activities.
- Provides more routine by ensuring the same parent has the same weekdays each week.
- Week-On, Week-Off – known as “week about”
- Children spend one full week with each parent before switching.
- Suitable for older children who can manage longer periods away from each parent.
- Alternating Weekends + Midweek Visit
- Primary parent during the week; non-primary parent has the child every second weekend, plus a midweek visit.
- A practical solution when shared care is not feasible due to distance or parental conflict.
Parenting Arrangements for Younger Children (0-4 Years)
Young children rely on secure attachments and consistent caregiving. Their ability to handle separation from a primary parent depends on their developmental stage.
Recommended Arrangements by Age
- 0-12 Months: Short, frequent visits (for example, 2-3 times per week for 1-3 hours may be suitable).
- 1-2 Years: Gradual introduction to longer daytime visits (up to 8 hours) with a trusted routine.
- 2-3 Years: Introduction of overnight stays if the child has a secure attachment to both parents.
- 3-4 Years: Up to a few consecutive overnight stays per week, depending on the child’s adaptability and needs.
Key Considerations for Young Children
- Breastfeeding: If the child is still breastfeeding, time arrangements can accommodate feeding schedules.
- Consistency: Both households should maintain a similar routine for naps, meals, and bedtime.
Gradual Transitions: Sudden or extended separations from a primary caregiver can cause distress.
Key Factors to Consider When Creating Parenting Arrangements
Age and Developmental Needs
When determining parenting arrangements, it’s crucial to consider the child’s stage of growth and development. Younger children often benefit from frequent but shorter visits with each parent to maintain a sense of security. As children grow older, they generally have a greater capacity to handle longer periods away from each parent, allowing for extended stays or weekend visits. Tailoring the schedule to fit a child’s developmental milestones fosters a sense of stability and supports their emotional and psychological wellbeing.
Parental Conflict
In situations where conflict between parents is high, it’s important to focus on reducing children’s exposure to tension or hostility. Strategies such as neutral drop-off and pick-up locations, or scheduled handovers can help create a safer, more predictable environment for children. Minimising confrontations not only lowers stress levels for everyone involved but also ensures the child’s relationship with both parents remains as healthy as possible.
Practicality
Parenting schedules should align with the reality of each family’s circumstances. Factors such as each parent’s work commitments, the distance between households, and the child’s school or extra-curricular schedule all play a role in determining a practical arrangement. Ensuring that transportation, time availability, and household logistics are manageable on a day-to-day basis helps create stability and reduces the likelihood of last-minute complications.
Consistency and Routine
A predictable structure is particularly important for younger children, who thrive on routines that provide a sense of security. Consistency in meal times, bedtimes, and overall daily activities can ease the transition between two homes. Establishing shared rules and similar expectations across households can further support a cohesive upbringing and help children feel less unsettled when moving from one environment to another.
Emotional Wellbeing
Above all, the emotional needs of the child should remain the top priority when creating parenting arrangements. Children should never feel as though they are in the middle of ongoing disputes or responsible for mediating between parents. By maintaining open communication, offering reassurance, and prioritising the child’s sense of safety, both parents can foster an environment where children feel loved and supported, regardless of changes in the family structure.
Challenges and Considerations
Managing High-Conflict Situations
Conflict between parents can negatively impact children. Strategies to reduce conflict include:
- Using a Parenting Coordinator or Family Dispute Resolution (FDR) services.
- Keeping communication child-focused and professional (e.g., email or co-parenting apps).
- Using supervised handovers if necessary.
When Shared Care is Not Ideal
While shared care is right for some families, it may not be appropriate in cases involving:
- Domestic violence or safety concerns.
- High parental conflict where co-operation is impossible.
- Young children who are not yet comfortable with extended separations from a primary parent.
Legal Considerations - the basics at a glance
Family Law Act 1975 (Cth)
The Family Law Act 1975 is essentially the cornerstone of family law in Australia. Contact us today to discuss how the Act applies to your particular circumstances and what arrangements may be most suitable for your children.
Family Court of Australia and Federal Circuit and Family Court of Australia (FCFCOA)
The FCFCOA handles family law disputes, including parenting matters and the enforcement of Parenting Orders.
- The FCFCOA (Division 1) and FCFCOA (Division 2) have the authority to make or approve Parenting Orders, Consent Orders, and Contravention Orders.
- If a parent contravenes a legally binding order, these courts can impose penalties and punishments, alter the parenting arrangement, or mandate programs aimed at improving parental compliance.
Domestic and Family Violence Protection Act 2012 (Qld)
This Queensland-specific legislation aims to protect individuals, including children, from domestic violence. It can override standard parenting arrangements if there are safety concerns in certain circumstances.
- Courts may issue Protection Orders that restrict contact between parties if necessary for safety.
- If the court deems there is a risk to the child or a parent, the protection order may limit or alter parenting time and handover procedures to ensure safety.
Child Protection Act 1999 (Qld)
The Child Protection Act 1999 provides a framework for Queensland child welfare agencies to intervene if there are concerns about a child’s safety, welfare or wellbeing.
- If there is evidence of abuse or neglect, the Department of Children, Youth Justice and Multicultural Affairs (or equivalent if the Department name has changed, which can happen) can investigate and, if necessary, take protective action.
Contact Daykin Family Law
There is no one-size-fits-all approach to parenting after separation. The above is general information only and is not intended to be relied upon or to be taken as legal advice. It is important that you get advice about your specific circumstances, and those of your family. The best arrangement is one that supports the child’s emotional security, routine, and overall wellbeing. Whether through shared care or a primary caregiving arrangement, the focus should always be on what is in the child’s best interests.
If you need legal advice on parenting arrangements, contact us today and we can guide you through the process and help create a plan that works best for your child.
