In most parenting matters there are several proposals on the table: your client's, the other party's, and one or two possible compromises. Each is usually described in words, and the differences between them can be hard to see. This guide sets out a consistent way to build proposals so they can be compared side by side.
It's general information for practitioners. Every arrangement has to be considered in light of the child's best interests, which is the paramount consideration under the Family Law Act 1975.
The legal setting, briefly
Changes to the Family Law Act that commenced on 6 May 2024 simplified how parenting matters are decided. The presumption of equal shared parental responsibility was removed, and the factors the court considers in deciding what is in a child's best interests were restructured. Decisions about major long-term issues, such as education and health, can be made jointly or by one parent alone.
For proposals, that means time arrangements are assessed on what's best for the particular child, not from a starting point of equal time.
1. Start with the regular pattern
Most arrangements repeat over a fortnight. Common patterns include:
- Week about: each parent has the children for a full week at a time
- 2-2-5-5: each parent has the same two weekdays every week, and alternate weekends
- 2-2-3: a rotating pattern of two, two and three nights
- Alternate weekends: one parent has every second weekend
- Alternate weekends and a midweek night: as above, with one weeknight each week or fortnight
Write the pattern as 14 nights, starting on a Monday, so it's unambiguous which week is week 1.
2. Set the changeover times
Changeovers are where arrangements most often break down. Be specific about when time starts and ends: after school on school days, a set time on non-school days, and a set time on weekends.
3. Add school holidays
School holidays usually replace the regular pattern. Common approaches are:
- Half each: each parent has half of every holiday period, swapping which half each year
- Alternate holidays: whole holiday periods alternate between the parents
Use the actual term dates for the child's state or territory, because holiday periods differ across Australia and from year to year.
4. Add special days
Typical special days are Christmas Eve and Christmas Day (often alternating between years), Mother's Day and Father's Day, and the children's and parents' birthdays. Decide which special days take priority over holidays, and which holidays take priority over the regular pattern.
5. Count the numbers
Before comparing proposals, work out for each one over a full 12 months:
- nights with each parent, and the percentage
- weekends with each parent
- holiday nights with each parent
- the number of changeovers
Nights also determine the percentage of care for child support. A few nights either way can change the care level, so check where each proposal falls. See overnights and care bands.
6. Compare side by side
Put the proposals next to each other with the same measures. Differences that are hard to see in a page of wording, such as one proposal giving a parent 25 more holiday nights, become obvious in a table.
7. Write it up
Once a proposal is agreed, it needs to be written up as a parenting plan or as proposed consent orders. The wording should match the arrangement exactly, including changeover times, holidays and special days, and a lawyer should review it before it's signed or filed.
How Matter Folio helps
Matter Folio's parenting arrangements planner builds proposals from standard patterns, adds school holidays from each state's term dates and special days, and shows nights, weekends, holiday nights, changeovers and the care level for each one. Save as many proposals as you need and compare them side by side. It's free on every plan. See parenting arrangements.