What happens when children are involved in the separation process?
Children's reactions and needs
The way children react to the separation and divorce process depends on their age, maturity and the parent's attitudes and behaviour. Children under five often have difficulty understanding the situation and it's normal for older children to experience a range of feelings and emotions, including confusion and guilt. Psychologists recommend parents be particularly mindful of children's emotional needs with re-assurance that both parents still love them being the key factor in helping them cope with the process. The Family Court of Australia publishes a useful booklet of Questions and Answers about Separation for Children if you'd like more information.
Deciding on Arrangements for Children
If everyone agrees on what arrangements are being made for the children you can make the decisions legally binding by asking the court to make consent orders. Consent orders can be enforced by the court if they aren't complied with and they set out terms such as:
- Residence: who the children will live with, including any shared arrangements you agree on
- Contact: you may wish to set out the times the children will have contact with a parent, if they are not living with them, or anyone who plays an important part in their life. Contact can either be face to face or by phone or letters.
- Specific issues: you may agree that certain arrangements need to be made for the children whenever they are with either parent. Specific issues may include:
- the day-to-day care, welfare and development of the child
- their education, holidays, sport, religious or medical matters
If both parents don't (or can't) agree on arrangements for the children you will have to apply for a parenting order to enforce arrangements that the court decides. There are four main types of parenting orders that a court can specify:
- Residence - who the children will live with
- Contact - who the children will have contact with
- Child maintenance - for financial support of the child
- Specific Issues - such as education, holidays, sport, religious or medical matters
Child Support
Child Support payments are calculated by the Child Support Agency using the formula as set out on their website. Factors which influence payment amounts include parents income, the number of children, living expenses and living arrangements of the children.
Child Support is based on the payer's taxable income, subject to certain adjustments and exempt amounts and the rate differs depending on the number of children involved. The following table sets out the current rates (although there are many conditions involved, so the actual payments will vary):
Number of Eligible Children |
Child Support Percentage |
One (1) |
18% |
Two (2) |
27% |
Three (3) |
32% |
Four (4) |
34% |
Five (5) or more children |
36% |