Can Parenting Issues Delay A Divorce In Victoria?





Can Parenting Issues Delay a Divorce in Victoria?


Can Parenting Issues Delay a Divorce in Victoria?

Professional Introduction (First Person)
As a family law professional, I’m often asked, “Will my divorce be delayed because we haven’t sorted out parenting yet?” or “What if we’re still arguing about the kids—can the Court refuse to grant the divorce?” These are very real worries for parents who just want clarity, closure and stability for their children. The short answer is that parenting issues can affect the timing of a divorce in Victoria, but not always in the way people expect. In this article, I’ll walk you through when parenting issues can slow down a divorce, what the Court actually looks at, and how you can reduce delays while still protecting your children’s best interests.

Table of Contents

How Divorce Works in Victoria When You Have Children

In Australia, including Victoria, divorce is governed by the Family Law Act 1975. The Court’s role in a divorce application is actually very narrow. It mainly looks at two things:

  • Has the marriage broken down irretrievably, shown by at least 12 months of separation?
  • If there are children under 18, are there proper arrangements in place for their care, welfare and development?

Divorce itself does not decide:

  • Who the children live with
  • How much time they spend with each parent
  • Child support
  • Property settlement or spousal maintenance

Those issues are dealt with separately, usually through parenting agreements, consent orders or parenting orders. However, because the Court must consider children’s arrangements at the divorce stage, parenting issues can sometimes affect timing.

What Does “Proper Arrangements” for Children Mean?

The phrase “proper arrangements” appears in the divorce application form and can sound vague or legalistic, but it reflects a simple idea: the Court wants to be satisfied that your children are being reasonably well looked after.

When assessing proper arrangements, the Court considers matters such as:

  • Where the children live and who they live with most of the time
  • How much time they spend with the other parent
  • Schooling and attendance
  • Health, medical care and any special needs
  • Emotional and psychological wellbeing
  • Financial support (for example, child support or informal arrangements)
  • Any safety risks, such as family violence or substance abuse

The Court is not looking for a flawless or perfectly harmonious co-parenting situation. It simply wants to know that the children’s basic needs for safety, stability, care and development are being met.

Do You Need Parenting Orders Before Divorce?

This is one of the biggest misconceptions I see.

No, you do not need parenting orders in place before the Court can grant a divorce.

Your arrangements can be:

  • Informal (verbal agreement between parents)
  • Set out in a written Parenting Plan
  • Formalised as Consent Orders
  • Determined in existing Parenting Orders made by the Court

The divorce application simply asks you to describe what arrangements are currently in place. The Court does not require that everything be finalised or written in legalese, but it must be satisfied that the children are not being neglected, ignored or placed at obvious risk.

When Can Parenting Issues Delay a Divorce?

In many cases, parenting issues do not delay a divorce at all. The Court understands that disputes about care, time and communication may continue long after the divorce is granted.

However, parenting issues can delay a divorce where:

  • The information provided about the children is incomplete or unclear
  • The Court has serious concerns about the children’s safety or welfare
  • There is evidence of unmanaged family violence, but no clear protective arrangements
  • The arrangements are so unstable that the Court is unsure if the children are properly cared for

In such cases, the Court may:

  • Adjourn (postpone) the divorce hearing
  • Ask for additional information or clarification
  • Invite the applicant to obtain legal advice or consider parenting proceedings

Even then, the Court’s goal is not to “punish” anyone by withholding divorce, but to ensure that children are not overlooked in the process.

Examples of Situations That May Cause Delay

Here are some practical examples to illustrate when parenting issues might slow the divorce process:

Example 1: No Information Provided

If your divorce application simply states “we are sorting it out” or leaves the children’s arrangements section very vague, the Court may not be able to decide whether proper arrangements exist. It may adjourn the hearing and ask you to provide further details about where the children live, go to school and who cares for them.

Example 2: Serious Allegations With No Explanation

If the application mentions serious family violence or substance abuse but gives no information on how the children are being protected (for example, supervised time, safety plans or intervention orders), the Court may pause to seek clarification before granting the divorce.

Example 3: Extreme Instability

If children are frequently changing homes, not enrolled in school, or there are multiple moves and crises in a short period, the Court may ask for more information to satisfy itself that the children are safe before finalising the divorce.

In less extreme situations – where parents disagree but children are still housed, fed, attending school and generally cared for – the Court will usually grant the divorce and let any deeper parenting disputes be handled separately.

What If There Is a Serious Parenting Dispute?

Many parents worry that ongoing parenting disputes will automatically delay their divorce. This is not usually the case.

You might be:

  • Attending mediation over parenting arrangements
  • Negotiating through lawyers
  • Involved in parenting court proceedings already
  • Disagreeing strongly about time, holidays or relocation

As long as the children have some form of safe and reasonable arrangements in place right now, the Court can still grant the divorce, even if parenting issues are not finally resolved.

In other words, the Court does not require parenting disputes to be “fixed” before granting a divorce, provided the children’s immediate welfare is adequately protected.

Parenting Issues, Family Violence and Safety Concerns

Where parenting issues intersect with family violence, coercive control, child abuse or serious risk, the Court will look more closely at the children’s arrangements.

If you disclose family violence in the divorce application, the Court may want to know:

  • Whether there are any Intervention Orders or safety orders in place
  • Whether the children are directly affected or exposed to the violence
  • How current parenting arrangements minimise risk to the children and the victim parent

In many cases, the Court will still grant the divorce but encourage you to seek legal advice about parenting orders that more clearly protect the children. In more extreme situations, an adjournment might occur while urgent safety issues are addressed.

Divorce vs Parenting Proceedings – Separate but Connected

It’s important to keep in mind that:

  • Divorce ends the legal marriage.
  • Parenting orders decide arrangements for children.

You can:

  • Have parenting orders without being divorced
  • Be divorced without parenting orders (if informal arrangements are working)
  • Work on both applications around the same time

The only point where they intersect is at the divorce hearing, when the Court asks whether proper arrangements currently exist for children under 18. Disputes about the details of parenting are usually handled in a separate parenting case, if needed.

How to Minimise Delays Caused by Parenting Issues

If you’re concerned that parenting issues might delay your divorce, there are practical steps you can take to minimise the risk:

1. Provide Clear, Honest Information in the Application

When completing the divorce application, be specific about:

  • Where each child lives
  • How often they see each parent
  • Their school or childcare arrangements
  • Any medical or special needs
  • How they are financially supported

Vague answers are more likely to trigger questions from the Court.

2. Acknowledge Parenting Disputes but Emphasise Current Arrangements

You can indicate that negotiations or proceedings are ongoing, while still explaining what arrangements are in place right now to care for the children.

3. Consider a Parenting Plan or Interim Agreement

Even a short-term, interim agreement – reached informally or at mediation – can help demonstrate that there is a basic structure around the children’s care.

4. Seek Early Legal Advice

A family lawyer can help you:

  • Frame your application clearly
  • Highlight key information the Court needs
  • Identify whether your situation is likely to raise concerns

5. Address Safety Concerns Proactively

If there are serious safety issues, steps like seeking an Intervention Order, supervised time or protective parenting orders can reassure the Court that risks are being managed.

Will Ongoing Parenting Court Cases Affect the Divorce?

If you already have a parenting case running in the Federal Circuit and Family Court of Australia, this does not automatically prevent you from applying for divorce. In many situations, the two processes run in parallel.

The Court may consider:

  • That parenting issues are already being actively managed in separate proceedings
  • That the children’s immediate arrangements are covered by interim parenting orders

In such circumstances, the existence of parenting proceedings often supports the idea that proper arrangements are in place, rather than causing delay, especially where interim orders provide a clear framework.

Practical Tips for Parents Worried About Delays

If you’re feeling anxious that unresolved parenting issues might hold up your divorce, here are some practical, reassuring steps:

  • Focus on the present, not the perfect – The Court asks whether proper arrangements exist now, not whether everything is permanently settled.
  • Be transparent – Don’t hide conflicts or safety issues, but do explain what is being done to manage them.
  • Consider mediation – Family Dispute Resolution can help create short-term arrangements that reduce instability.
  • Keep children out of adult conflict – Arguing in front of them or involving them in disputes can make arrangements more concerning to the Court.
  • Document your efforts – Keep records of communication, proposals and steps taken to create safe, stable routines.
  • Get professional advice early – Waiting until a hearing is imminent can make things more stressful than they need to be.

Final Thoughts

Parenting issues can sometimes delay a divorce in Victoria, but only when the Court cannot be satisfied that children are being reasonably cared for or protected. You do not need perfect arrangements, and you do not need final parenting orders before your divorce can be granted. What matters most is that your children are safe, supported and have some stability in their day-to-day lives.

If you’re worried that disagreements about parenting might slow down your divorce, or if you’re facing complex issues like family violence, relocation or high conflict, it’s important to get tailored legal advice. The experienced team at Call A Family Lawyer can help you understand your options, prepare a clear divorce application, and put strong, child-focused parenting arrangements in place so you can move forward with confidence.