Offices: Kempsey (02) 6562 3300   |  South West Rocks (02) 6566 6250

sheridan legal family law services

Children and Divorce

Your divorce is stressful enough. On top of processing your own emotions about the relationship breakdown, you now need to think clearly about your children's care and wellbeing — all while making major decisions about custody and parenting arrangements.

Children and Divorce

Child Custody & Parenting Arrangements in Kempsey & Mid North Coast

Working out arrangements for your children after a separation or divorce is one of the most important things you'll do during this time. Under Australian family law, every decision about parenting arrangements is guided by one central principle: the best interests of the child.

Sheridan Legal assists parents across Kempsey, South West Rocks, and the wider Macleay Valley region to establish practical, child-focused parenting arrangements during separation or divorce — whether that means a straightforward Parenting Plan or a formal, court-approved Consent Order.

You Love Your Kids — They're Not Pawns in the Process

Your children's wellbeing has to come first. We take children and divorce seriously, and we work with parents to reach outcomes that protect their kids' stability, routine and relationships with both parents, while resolving custody and access arrangements as smoothly as possible.

Do You Need a Family Lawyer for Parenting Arrangements?

Some parents reach a friendly agreement and wonder if they need a lawyer at all. Others are dealing with a more difficult situation that needs resolving quickly. Either way, formalising your arrangements properly — whether informally through a Parenting Plan or legally through Consent Orders — protects everyone involved and gives your children the certainty they need.

The Parenting Arrangements Process

  1. Initial Advice & Assessment — We review your situation and explain your options in plain English, including how the "best interests of the child" test applies to your circumstances.
  2. Mediation / Family Dispute Resolution — Most parents work through arrangements with the help of a family dispute resolution practitioner before any court involvement is needed.
  3. Drafting a Parenting Plan — A written, voluntary agreement setting out day-to-day care arrangements, agreed between both parents.
  4. Formalising Legally Binding Consent Orders — Where certainty and enforceability matter, we can help you apply to the Federal Circuit and Family Court of Australia (FCFCOA) to have your agreement made into legally binding Consent Orders.
Children & Divorce FAQs
Common questions from separated parents in Kempsey & South West Rocks
How are child custody and parenting arrangements determined in NSW?
Under Australian family law, parenting arrangements focus on the "best interests of the child." Parents can negotiate an informal Parenting Plan or formalise a legally binding Consent Order with the help of a family lawyer or mediator.
What's the difference between a Parenting Plan and Consent Orders?
A Parenting Plan is a written, voluntary agreement detailing day-to-day care. Consent Orders are approved by the Family Court, making them legally binding and enforceable.
Do we have to go to court to sort out parenting arrangements?
Not usually. Most separated parents work through arrangements with a family dispute resolution practitioner and formalise the outcome as a Parenting Plan or Consent Orders. Court is generally only needed where an agreement can't be reached or there are safety concerns.
Can a Parenting Plan be changed later?
Yes. A Parenting Plan can be updated at any time by agreement between both parents as circumstances change. Consent Orders, being legally binding, generally require a fresh court application or the agreement of both parties to vary.
What if we can't agree on parenting arrangements?
If direct negotiation doesn't work, the next step is usually Family Dispute Resolution (mediation) with an accredited practitioner. If that doesn't resolve things, either parent can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders.
Patrick Sheridan, Sheridan Legal
Talk to Patrick About Your Parenting Arrangements
Would 10 minutes with Patrick Sheridan help resolve your most pressing questions about children and divorce? Patrick will review your situation and give you clear, practical advice on the best course of action for you and your children.
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