The FLA requires a Court to make a parenting Order that will have regard to the best interests of the child as the most important consideration. The FLA also puts a strong emphasis on protecting children from any exposure to harm or any risk of harm and emphasises the rights of the child to know and be care for by each of their parents, and to have a meaningful relationship with them.

Under the FLA, parents have “shared parental responsibility” – that is, they are responsible for the long-term care and welfare and development of their children under the age of 18 years old. There is no “custody” but the Court can make Orders allocating parental responsibility to one parent instead of the parents sharing that responsibility. The FLA uses very different language to “custody” and “access” – the Court can make an Order which specifies with which parent the child will live, and how the child will spend time with the other parent.

The FLA encourages the Court to consider making Orders for the children to spend equal time with both of their parents if that is reasonable and practical in the circumstances. It is not always possible to achieve that arrangement for many reasons, and therefore the Court needs to consider that the child shall live with one parent primarily, and consider spending substantial and significant time with the other parent.

This is usually a mix of weekday routine, weekends, special occasions and school holidays. There is no preference for a child to reside with the Mother set out in legislative provisions, however in circumstances where the Mother was traditionally the primary caregiver for the children, it is likely the Court will continue that role whilst ensuring that the children still have an opportunity to spend time with the Father and have a meaningful relationship with him.

1. The location the child will live and how that will impact time with the other parent;
2. Any changes to the child’s schooling arrangements;
3. Changes to the child’s names; and
4. International travel.

1. Working out each parent’s child support income, which then allows the calculation of the combined income of the parents and each parent’s percentage of that income;
2. Working out each parent’s percentage of care of the children;
3. Working out each parent’s cost percentage;
4. Working out each parent’s child support percentage;
5. Working out the cost of the children based on the parents combined child support income, the number of children and the ages of the children;
6. Working out the child support amount.

There is little opportunity for Court intervention in making determinations about the amount of child support payable by one parent to the other. Most Child Support decisions are managed administratively by the Child Support Agency. The CSA Act provides a regime whereby a parent may bring an application to the Child Support Agency to change their Child Support Assessment in special circumstances. The factors provide for ten (10) reasons by which a Child Support Assessment may be changed: –

1. The cost of raising the child are significantly affected by the high costs of spending time or communicating with the child;
2. The costs of raising the child are significantly affected because of their special needs;
3. The costs of raising the child are significantly affected because the child is being cared for, educated or trained in the way both parents intended;
4. The Child Support Assessment is unfair because of the child’s income earning capacity, property or financial resources;
5. The Child Support Assessment is unfair because a parent has transferred money, goods or property to the child, the receiving parent or a third party, for the child’s benefit;
6. The costs of raising the child is significantly affected by the parent’s or non-parent carer’s childcare costs, and the child is under 12 years of age;
7. The Applicant’s necessary expenses significantly reduce their capacity to support the child;
8. The Child Support Assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.
9. The Applicant’s parent’s capacity to support the child is significantly reduced because of their duty to maintain another person or child, the special needs of that person or child, or the costs of spending time or communicating with that person or child.
10. The Applicant parent’s responsibility to support a resident child significantly reduces their capacity to support another child.

The process by which to bring a change of assessment application is administratively determined and does not require any formal process of evidence. The Child Support Agency considers the application and the other parent’s response, usually conducted by way of a telephone interview, and then sends a formal written determination.