What Is Considered “Proper Arrangements” For A Child In Victoria





What Is Considered “Proper Arrangements” for a Child in Victoria?


What Is Considered “Proper Arrangements” for a Child in Victoria?

Professional Introduction (First Person)
As a family law professional, one of the questions I hear most often from separating parents is, “What exactly does the Court mean by ‘proper arrangements’ for our children?” It’s a phrase that appears in the divorce application form, and it can feel vague or even intimidating if you’re already overwhelmed by separation. In reality, the idea of “proper arrangements” is about something quite simple but very important: whether your children are safe, supported and being reasonably well cared for when you apply for divorce. In this article, I’ll walk you through what the Court is really looking for in Victoria, what kind of information you’ll need to provide, and how to make sure your arrangements are as child-focused and practical as possible.

Table of Contents

What Does “Proper Arrangements” Mean in a Divorce Application?

When you apply for divorce in Victoria (and across Australia), the Court must be satisfied that:

  • the marriage has broken down irretrievably (shown by at least 12 months’ separation); and
  • if there are children under 18, proper arrangements have been made for their care, welfare and development.

“Proper arrangements” doesn’t mean perfect arrangements. The Court knows that separation is messy and that most families are still working things out. Instead, it is checking that your children:

  • have somewhere safe and stable to live
  • are being adequately supervised and cared for
  • are attending school (or have appropriate education in place)
  • have their health needs met
  • have financial support in some form
  • are not exposed to serious, unmanaged risk or family violence.

In other words, “proper arrangements” are reasonable, child-focused arrangements that meet basic needs and protect the child’s wellbeing.

When Does the Court Look at Proper Arrangements?

The question of proper arrangements arises whenever you apply for divorce and there are one or more children under 18 who:

  • are children of the marriage, or
  • are treated as part of the family (such as step-children in some circumstances).

On the divorce application form, you must provide details about each child, even if they are not biologically related to both spouses but are part of the household. The Court reviews this information before deciding whether to grant the divorce.

It’s important to remember that this is not a full parenting case. The Court isn’t rewriting your arrangements — it simply wants to be comfortable that your children are okay.

Key Areas the Court Considers

When assessing whether proper arrangements exist, the Court generally looks at several core areas:

  • Living arrangements
  • Time with each parent and significant relationships
  • Schooling and education
  • Health and medical needs
  • Safety and any history of family violence
  • Financial support and general welfare

The more clearly you can explain these areas, the easier it is for the Court to be satisfied.

Living Arrangements and Day-to-Day Care

One of the most important questions is simply: where do the children live now, and who looks after them day to day?

On the application, you’ll normally specify:

  • Which parent (or other person) the children live with most of the time
  • Whether the children have moved house as a result of separation
  • Who handles everyday matters like meals, bedtime, transport and homework

Proper arrangements in this area usually mean that:

  • the children have a stable home base
  • there is appropriate adult supervision
  • they are not constantly being moved between unsafe or chaotic environments.

The Court does not require a particular model (for example, “50/50 shared care”). It simply wants to see that the living arrangements are realistic, stable and in the children’s best interests.

Time With Each Parent and Relationships

Another aspect of proper arrangements is whether the children can maintain meaningful relationships with each parent, where it is safe and appropriate.

The Court will usually want to know:

  • How often the children see or spend time with the other parent
  • How changeovers occur (for example, at school or at one parent’s home)
  • Whether there are any issues with conflict during handovers
  • Whether the children have contact with siblings, grandparents or other important people

There is no single “correct” answer — families may have:

  • primary care with one parent and alternate weekends with the other
  • a more equal week-on/week-off or 5–2 split
  • daytime visits only, if overnight time is not yet appropriate
  • supervised time, where safety issues have been identified.

The Court accepts that arrangements can evolve as children adjust and grow. What matters is that the arrangements are safe and designed around the child’s needs, not adult convenience or punishment.

Schooling, Education and Routine

Children’s education and routine are central to their welfare. The Court expects that children of school age are:

  • enrolled at an appropriate school
  • actually attending regularly
  • supported with homework and extracurricular activities.

On the divorce application, you’ll usually provide:

  • the name of each child’s school or early learning centre
  • whether there have been recent changes in schools due to separation
  • whether attendance or performance has been significantly disrupted.

Proper arrangements in this area are about giving children stability, continuity and reasonable support in their learning — not about getting perfect school reports.

Health, Medical Needs and Special Requirements

The Court also looks at whether children’s physical and mental health needs are being met. This can include:

  • ongoing medical conditions (e.g. asthma, diabetes, allergies)
  • disability or developmental issues
  • mental health concerns or counselling
  • regular GP, dental and specialist appointments.

“Proper arrangements” here usually mean that:

  • children are able to access required treatment
  • both parents (where safe) are informed about major medical issues
  • decisions are being made in the child’s best interests rather than as a way to control the other parent.

If a child has significant needs, it’s helpful to briefly note how these are being managed — for example, “Child attends weekly speech therapy, both parents transport and contribute to costs.”

Safety, Family Violence and Risk

Safety is at the heart of proper arrangements. If there has been family violence, abuse, substance misuse or serious conflict, the Court will pay particularly close attention to how children are protected.

In these matters, proper arrangements may include:

  • orders limiting or supervising one parent’s time with the child
  • changeovers at neutral or supervised locations
  • parenting plans that minimise exposure to conflict
  • intervention orders that set clear boundaries
  • in some cases, no time with a parent where risk is too high.

It is important to be honest in your application. If there are safety concerns, the Court is less likely to delay or refuse a divorce — instead, it will want to know that Risks are acknowledged and steps are being taken to prioritise the child’s wellbeing.

Financial Support and Child Support

Proper arrangements also involve ensuring children have reasonable financial support. The Court does not audit your budget, but it does want to know that there is some structure around:

  • who pays for everyday expenses (food, clothing, housing)
  • how school fees, uniforms, and activities are covered
  • whether there is a child support assessment or agreement in place.

Financial support may be provided through:

  • a Services Australia (Child Support) assessment
  • a private child support agreement
  • informal arrangements (e.g. one parent pays the mortgage, the other pays fees)

The Court understands that these arrangements can shift over time. The key question is whether the children’s basic needs are clearly being met.

Do Arrangements Need to Be Formal or Court-Ordered?

A very common worry is: “Do we need parenting orders or consent orders in place before the Court will say our arrangements are proper?” The answer is no.

Proper arrangements can be:

  • informal arrangements between you and your ex-partner
  • a written parenting plan
  • consent orders approved by the Court
  • existing parenting orders from earlier proceedings.

The Court does not require formal orders to grant a divorce. It simply needs enough detail to be satisfied that the children are being appropriately cared for.

That said, formal parenting or consent orders can give certainty and enforceability, especially where there is tension, changing arrangements or a history of conflict.

Examples of “Proper” vs “Problematic” Arrangements

Example of Proper Arrangements

Two children aged 8 and 11 live primarily with their mother in a rental home near their school. They spend alternate weekends and one weeknight per week with their father. Both parents attend school events where possible. The children are enrolled at the same school they attended before separation, are up to date with vaccinations, and see a GP when needed. The father pays child support under a Services Australia assessment, and the parents have a simple written parenting plan that outlines holidays and special occasions.

This would almost certainly be considered “proper arrangements” — even if there are some disagreements in the background — because the children are safe, supported and have continuity.

Example of Potentially Problematic Arrangements

A 6-year-old child has moved homes several times in a few months due to unstable housing. School attendance is inconsistent, and there are arguments at changeover in front of the child. There are past allegations of family violence, and one parent has recently stopped financial contributions altogether. No clear schedule exists for when the child spends time with each parent.

Here, the Court may have more questions. It might still grant the divorce, but it could seek clarification or encourage the parents to get legal advice and consider more structured arrangements.

What Happens If the Court Isn’t Satisfied?

If the Court is concerned that proper arrangements are not in place — or if the information in the application is unclear or incomplete — it may:

  • request further information from you (for example, by adjourning the hearing)
  • ask you to provide additional details about schooling, safety or living arrangements
  • in rare cases, delay granting the divorce until it is comfortable that the children are reasonably provided for.

This does not mean the Court is trying to keep you married. Its responsibility is simply to ensure that children are not being overlooked in the process.

How “Proper Arrangements” Relate to Parenting Orders

It’s important to recognise that the “proper arrangements” test in a divorce application is than a full parenting dispute.

In parenting proceedings, the Court may:

  • hear detailed evidence from parents, schools, psychologists or family consultants
  • consider allegations of family violence in depth
  • appoint an Independent Children’s Lawyer in complex cases
  • make detailed parenting orders covering living arrangements, decision-making and communication.

By contrast, in a divorce application, the Court is only conducting a broad, high-level check that the children’s basic welfare needs are being met.

If there are serious disagreements about parenting, these usually need to be dealt with in separate parenting proceedings or by reaching agreement through mediation and consent orders.

Practical Tips for Parents Completing the Divorce Application

If you’re filling out a divorce application in Victoria and you have children under 18, here are some practical ways to address the “proper arrangements” section:

  • Be specific, not vague – Instead of saying “we share care,” briefly outline the actual pattern, such as “children live with me and see the other parent every second weekend.”
  • Cover the main areas – Mention living arrangements, schooling, health and financial support in simple terms.
  • Be honest about any challenges – If things aren’t perfect, you can still explain what steps you’re taking to improve stability.
  • Mention any existing orders or agreements – Parenting plans, consent orders or family violence orders are all relevant context.
  • Think from the child’s perspective – Ask yourself: if a judge knew nothing about our family, would they feel reassured that our child is safe and cared for?
  • Get advice if you’re unsure – If there are complex issues like family violence, relocation or serious conflict, tailored legal advice is invaluable.

Final Thoughts

The phrase “proper arrangements” can sound technical, but at its heart it reflects a simple idea: when parents are ending their marriage, the law wants to know that their children are not being left behind. The Court isn’t looking for perfection or a particular “template” of care — it is looking for reasonable, safe and child-focused arrangements that meet each child’s needs.

If you’re unsure how to describe your children’s arrangements in a divorce application, or if there are more complex issues like family violence, relocation or high conflict, you don’t have to figure it out alone. The experienced team at Call A Family Lawyer can guide you through the process, help you put proper arrangements in place, and make sure your application reflects your children’s best interests clearly and confidently.