Who gets custody and support? A guide to parenting arrangement in Australia after separation

Composite image of a family, court and Lawyer Jesil Cajes

Composite image of a family, court, and Family Lawyer Jesil Cajes

The Family Law Act 1975 in Australia outlines how parental responsibility and support are handled. When a couple separates, it’s essential for the parents to work together for the best interest of their child. Family lawyer Jesil Cajes explains the process.


Key Points
  • When parents separate in Australia, they can agree on how to share parental responsibility and living arrangements for their child. However, if they cannot agree, the Family Court may need to intervene.
  • According to Atty. Cajes, custody or living arrangements for the child do not automatically go to the mother, as decisions are based on the child’s safety, needs, the child’s relationship with the parents, and the parents’ ability to provide support for the child’s well-being.
  • There are several ways child support can be provided for a child after parents separate including private agreement. If the parents cannot agree, they can seek assistance from Services Australia to determine the amount of child support.
The information and explanations in this podcast are for general guidance. For personalised advice and details specific to your situation, please consult a legal practitioner in Australia.


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