Custody of Children

Going through a relationship breakdown is challenging. When children are involved, things can become even more complex.

Separated parents—whether married or in a de facto relationship—have a legal obligation to support their children (biological or adopted), both financially and emotionally.

Creating a written agreement allows both parties to clearly document their parenting and child support arrangements. This clarity helps ensure mutual understanding and reduces the potential for future conflict.

Flexibility to Create Your Own Arrangement

Many families find that the most effective arrangements are those negotiated privately between the parents—without needing to go to court.

Reaching your own agreement on parenting and child support offers several advantages:

• You decide what works best for your family
• You avoid the financial and emotional stress of legal proceedings
• You encourage open communication with your former partner
• You’re more likely to maintain a cooperative, respectful relationship
• You can move forward without the burden of ongoing court involvement

To support this process, there are two key documents:

• A Child Support Agreement – covering the financial care of your children
• A Parenting Plan – outlining the day-to-day care and decision-making arrangements

At Happily Divorced, we can assist you in drafting the following documents:

• Limited Child Support Agreement
• Binding Child Support Agreement
• Shared Parenting Plan

Child Support Agreements

Limited Child Support Agreements

A Limited Child Support Agreement is a formal written agreement signed by both parents. Legal advice is not required, but two conditions must be met:

1. A child support assessment must be obtained from the Child Support Agency
2. The agreed amount must be equal to or greater than the assessed amount

This type of agreement offers a balance between structure and flexibility, based on the official child support formula.

Binding Child Support Agreements

A Binding Child Support Agreement also requires signatures from both parents, but it has additional legal requirements and offers greater flexibility.

Key features include:

• Each party must obtain independent legal advice before signing
• A Certificate of Legal Advice must be provided and attached to the agreement
• The agreement may specify any amount—more or less than the assessed formula amount
• It can include lump sum payments or property transfers instead of ongoing cash payments
• There is no requirement for a prior child support assessment
• The agreement can only be ended by:
  • A new binding agreement, or
  • A court order setting it aside

Parenting Plan

A Parenting Plan is a written agreement outlining the practical, day-to-day parenting arrangements. While not legally enforceable, it can be taken into account by the Family Court in future proceedings.

Your Parenting Plan can include:

• Where the children will live
• How much time they spend with each parent
• Arrangements for special occasions (e.g., birthdays, holidays, Christmas)
• Decision-making responsibilities, including healthcare, education, and religion

The Parenting Plan complements the Child Support Agreement by addressing non-financial aspects of parenting.

We’re Here to Support You

At Happily Divorced, we understand the emotional and practical challenges that come with parenting after separation. Our team is here to guide you through the process of creating fair, tailored agreements that support the best interests of your children—and give you peace of mind.

Need Assistance?

At Happily Divorced, we help you resolve matters efficiently, respectfully, whilst protecting your dignity, allowing you to move forward with confidence into the next chapter of your life.

Phone: 0415 807 583
Email: hello@happilydivorced.com.au
Website: happilydivorced.com.au