Shared custody is becoming more common in Australia as more families face separation and divorce. In New South Wales (NSW), the law no longer assumes that equal time or responsibility between parents is always best. Instead, the focus is on what arrangement keeps children safe and supports their development.
Understanding how shared custody in NSW works and its practical realities can make the transition smoother and less stressful. Here’s what you need to know.
Legal Framework for Shared Custody in NSW
Parenting arrangements in NSW are shaped by the Family Law Act 1975, which prioritises a child’s best interests. The 2024 reforms, introduced by the Family Law Amendment Act 2023, clarify this by removing the presumption of equal shared parental responsibility. Decisions are now based on a simplified list of factors focused on safety, a child’s emotional well-being, and each parent’s ability to meet the child’s needs.
When parents can’t agree, they may need to apply to the Federal Circuit and Family Court of Australia for parenting orders. This process requires completing specific forms, providing supporting documentation, and obtaining a Section 60I Certificate to demonstrate that genuine efforts were made to resolve the dispute through family dispute resolution before involving the court.
Partnering with family law professionals can help in complex legal situations like shared custody. Guidance from experts like O’Sullivan Legal’s highly respected family lawyers can help parents understand the steps involved and prepare documents.
The Role of Family Dispute Resolution and Alternative Methods
Family Dispute Resolution (FDR) is mandatory for parenting matters before any court application can be filed, unless an exemption is granted. This requirement exists for good reason. It allows parents to discuss issues constructively, focus on their children’s needs, and create agreements that work for everyone involved.
Online mediation has become increasingly popular, particularly for families separated by distance or where high conflict makes face-to-face meetings difficult. Virtual sessions can provide a more comfortable environment and help keep discussions focused on solutions rather than past grievances.
A successful mediation session often involves preparation. Parents who arrive with draft schedules or a few possible arrangements find it easier to reach common ground. The key is to approach the process as a collaborative problem-solving exercise rather than a competition to ‘win’. This mindset usually leads to better outcomes for children and more sustainable arrangements for families.
Creating a Practical Parenting Plan
A parenting plan outlines how a family will manage day-to-day life after separation. Good plans outline school drop-offs, holidays, special occasions, and who makes key decisions about education, health, and cultural matters. Parents should also agree on communication methods like text, email, or a co‑parenting app.
Parenting plans are flexible and can be updated as a child’s needs change, but they are not legally binding. Parents who want an enforceable plan can apply for their agreement to be made into consent orders through the court. Including review dates or ‘trigger events,’ such as a child starting high school, can ensure the arrangement grows with the family.
Children’s voices are important, too. Older children may share their views, while younger ones are often represented by counsellors or specialists who understand their needs. However, children should never feel pressured to choose between parents.
Navigating Emotional Challenges
Shared custody is a legal arrangement and an emotional adjustment for the entire family. That said, children need reassurance and a sense of stability during this time. Keeping conflict away from them and maintaining familiar routines can ease the transition. Schools, counsellors, and family doctors can be helpful, providing extra support if needed.
Parents also benefit from emotional support. Community groups, parenting programs, and mental health professionals can ease stress and maintain connections. Simple techniques like setting boundaries for conversations and using neutral, child-focused language can also help prevent disputes.
Financial Considerations
Shared custody in NSW often brings extra costs that parents may not anticipate. Legal fees, mediation sessions, therapy, and travel expenses can add up quickly. Services Australia calculates child support, but parents often agree to share extra expenses like school fees, sports, or medical costs.
A clear financial plan can prevent future disagreements. Recording payments and using shared expense apps or spreadsheets, for instance, helps in ensuring both parents know what has been paid and when. Consent orders can also include agreements about specific expenses, giving both parties more certainty.
Impact on Children’s Development
Research shows that a child with secure attachment to both involved parents benefits their development. This is why finding a rhythm that works with the child’s age and routine is important. Younger children, for instance, may prefer shorter, more frequent visits, while older children often value longer time with each parent.
Stability in schooling, friendships, and extracurricular activities is just as important as dividing time between homes. Parents prioritising consistency often see their children adapt better to the new family dynamic.
Cultural and Social Considerations
Every family has its own culture and values. For instance, Aboriginal and Torres Strait Islander families often strongly emphasise extended family and community ties.
Meanwhile, migrant families may need to plan for cultural events, language support, and overseas travel to visit relatives. A good custody plan respects these cultural elements while keeping the child’s best interests front and centre.
Conclusion
Shared custody in NSW is about building a routine that keeps children secure and connected to both parents. Families who understand the legal requirements, plan carefully, and use support services often face less stress.
Families can create a stable foundation during one of life’s most challenging transitions by focusing on what truly works for the child.
