Arrangements for children

The Court can only grant a divorce if it is satisfied that proper arrangements have been made for all children under 18, or there are special reasons why the divorce should be granted even though proper arrangements were not made.

A child of the marriage includes:

• any child of you and your spouse, including children born before the marriage or after separation
• any child adopted by you and your spouse, or
• any child who was treated as a member of your family prior to your final separation; for example, a step-child or foster child.

You only need to provide a short statement, but is important that you provide up-to-date information for each child individually.

If you cannot provide the information yourself, you should make all attempts to find out the information. For example, by contacting the person with whom the child is living. If you cannot provide the information requested, you should be prepared to tell the Court what attempts you have made to obtain the information.

It is important to provide evidence of the arrangements for the children of the marriage. If the court is not satisfied that proper arrangements have been made, your case may be adjourned and the court may request a report from a family consultant regarding the arrangements.

The information you provide should cover:

• time and communication with the child
• financial support
• health
• education
• any other relevant arrangements. 

Time and communication with the child

State the amount and frequency of time the child spends with the parent (or other significant person) with whom the child does not live. This time may be face to face, by telephone or another form of communication.

Financial support

State who pays for the costs of raising the child; include details of any child support or maintenance being:

• actually paid, or
• agreed, assessed or ordered to be paid and not being paid by any person with whom the child does not live.

Health

Provide details of the child’s health and any diagnosis, treatment or ongoing medical needs.

Education

State which school the child attends, the year level and how the child is progressing at school.

You should include details of any significant changes planned in the foreseeable future. For example, a change in living arrangements, schooling or financial support.

More information

Visit the Divorce page for more information you may find useful before making an application.

Last updated: 16-Apr-2018

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