An overriding feature of the Family Law Act in relation to children's matters is that the court (if there are contested proceedings) must have as primary considerations:-

1. The benefit to a child of having a meaningful relationship with both parents.
2. A need to protect a child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

The majority of separating parents have a good insight into the needs of their children and are able to reach an agreement (sometimes with the help of a solicitor or mediator) about the long term living arrangements for their children.

If however, an agreement cannot be readily reached, the parties are best advised to obtain professional assistance through a solicitor so as to reach an agreement about arrangements and thereby avoid court proceedings.  Frequently the arrangements that the parties had put in place for the care of children prior to separation, provide an indicator of the most appropriate arrangements following separation, although that is not always the case.