Hi there. Your girlfriend can negotiate parenting arrangements with her husband regarding their children. They can make a ‘parenting plan’, which is a written agreement that sets out parenting arrangements. The plan can specify who has custody of the children and for what periods of time, visitation rights, and anything else they want to put in writing about how their children will be parented. They can make this plan without having to go to court. However, this means that the parenting order is not legally enforceable (i.e. neither parent is legally required to comply with the plan).

If your girlfriend and her husband are not able to reach an agreement on the future parenting arrangements for their children, they can apply to court for a ‘parenting order’. This is court order that specifies who the children will live with, how much time the children will spend with each parent, the allocation of parental responsibility and any other aspect of the children’s care and welfare. The court will make its decision based on the principle that each parent has parental responsibility for the children until they reach 18 years of age, and that the parenting arrangements must be in the best interests of the children. Both parents must comply with the parenting order made by the court. Penalties apply if a parenting order is breached.

If a parent intends to relocate their children to another town or interstate, and this would limit the time the children spend with the other parent, a court may not give permission for the relocation. If the father intends to relocate interstate with his children, he should seek the consent of the mother first or apply for permission from the court. The court will only allow the relocation if it is in the best interests of the children. If the father relocates without the court’s permission, your girlfriend can apply to court for an order requiring the father to return the children until new parenting arrangements have been finalised.

Suggested way forward

Organising parenting arrangements after a separation or divorce can be a difficult task, especially if the parents disagree. Speaking to a family lawyer will help your girlfriend understand her legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.