What Happens With Children Under 18 When Applying For Divorce In Victoria?





What Happens With Children Under 18 When Applying for Divorce in Victoria?


What Happens With Children Under 18 When Applying for Divorce in Victoria?

Professional Introduction (First Person)
As a family law professional, one of the first questions parents ask me when they’re thinking about divorce is, “What will happen with the kids?” It’s completely understandable – the end of a marriage is significant, but for most people, nothing matters more than protecting their children’s wellbeing. In this article, I’ll walk you through exactly what happens with children under 18 when you apply for divorce in Victoria, how the court looks at “proper arrangements”, and what you can do to make this process as smooth and child-focused as possible.

Table of Contents

How Divorce Works When Children Are Involved

In Australia, divorce is handled under the Family Law Act 1975 and administered through the Federal Circuit and Family Court of Australia. The court’s role in a divorce case is actually quite narrow. When you apply for divorce, the court is mainly interested in two key questions:

  • 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?

It’s important to understand that the divorce itself is separate from decisions about parenting, property and money. The court will not automatically make “custody” or parenting orders as part of your divorce application. Instead, the court checks that your children are being properly looked after, and that there is some stability and structure around their lives.

What Are “Proper Arrangements” for Children?

The term “proper arrangements” can sound vague, but in practice it’s about whether your children are safe, cared for and supported. When the court considers proper arrangements for children under 18, it’s interested in things like:

  • Where the children live and who they live with
  • How much time they spend with each parent
  • Who looks after their day-to-day needs
  • Whether they are attending school and progressing normally
  • Their health, medical care and special needs (if any)
  • The financial support available to them

The court does not require that everything is perfect — very few separated families operate without any tension. However, it does want to know that the children are safe, have a roof over their heads, are going to school and are being emotionally and physically cared for.

Information You Must Provide in the Divorce Application

When you complete a sole or joint application for divorce, and there are children under 18, you must provide specific information about each child. This typically includes:

  • Full name and date of birth
  • Current living arrangements – who the child lives with most of the time
  • How much time they spend with the other parent
  • School or early childhood education details
  • Health, medical conditions or special needs
  • Any child support arrangements in place

The judge uses this information to assess whether the children’s needs are being met. If anything is unclear, or if there are red flags, the court can request more information or, in rare circumstances, adjourn the divorce hearing until proper arrangements are clarified.

Divorce vs Parenting Orders: Two Separate Processes

One of the biggest misconceptions I see is the idea that divorce automatically decides who gets “custody” of the children. In Victoria (and across Australia), this is not how it works.

Divorce only ends the legal marriage. It does not determine:

  • Where children live
  • How much time they spend with each parent
  • Who makes decisions about their schooling or medical care

Those issues are dealt with through parenting arrangements, which can be:

  • Informal agreements between parents
  • Written parenting plans
  • Consent orders approved by the court
  • Parenting orders made by the court if parents cannot agree

You can have parenting arrangements in place long before you file for divorce, or you can continue to resolve parenting issues after the divorce is finalised.

Living Arrangements for Children Under 18

When parents separate, one of the first practical questions is where the children will live. Common arrangements include:

  • The child lives primarily with one parent and spends time with the other parent on some evenings, weekends or holidays.
  • A more equal shared-care arrangement where the child spends significant time with each parent (for example, week-on/week-off).
  • Different arrangements for different children, depending on age, schooling and special needs.

From the court’s perspective, the key question is whether the arrangement is safe, practical and in the child’s best interests, rather than whether it follows a particular pattern or percentage of time.

How Time With Each Parent Is Considered

Australian family law focuses less on “rights” for parents and more on the rights of the child to have a meaningful relationship with both parents, where it is safe and appropriate. When looking at arrangements, the court will consider:

  • Whether spending time with each parent is safe
  • The history of the relationship each parent has with the child
  • The child’s age and developmental needs
  • The child’s routine – school, activities, friends and community
  • The practicalities of travel, work schedules and distance

There is no strict formula that says children must spend a certain percentage of time with each parent. Instead, the arrangements are tailored to each family’s circumstances.

Child Support and Financial Arrangements

When children under 18 are involved, financial support is another important factor. Child support in Australia is primarily administered through Services Australia (Child Support), using a formula that considers your income, the other parent’s income, and how much time the children spend with each of you.

While the divorce court itself does not calculate child support, it does look at whether some form of financial support is in place. This might include:

  • Formal child support assessments
  • Private child support agreements
  • Informal contributions (e.g. paying school fees or health insurance)

Again, the focus is on ensuring that the children’s needs are being met, not on auditing every dollar.

The “Best Interests of the Child” Principle

Every decision about children under 18 is guided by the central principle in Australian family law: the best interests of the child. This principle underpins both parenting proceedings and the court’s consideration of proper arrangements in a divorce application.

In practice, this means the court looks at factors such as:

  • The child’s safety and protection from harm
  • Any history of family violence or abuse
  • The child’s emotional, psychological and physical needs
  • The child’s relationship with each parent and significant others (such as grandparents)
  • The capacity of each parent to provide for the child’s needs
  • The impact of any changes to the child’s living situation

Even where parents are in conflict with each other, the court’s focus is firmly on what is best for the Child, not what feels “fair” to either parent.

What If Parents Disagree About the Children?

Disagreement between parents is very common, particularly early in separation. If you and your former partner can’t agree about where the children should live or how time should be shared, there are several pathways:

  • Negotiation between parents – Sometimes, with time and calm discussions, parents can reach their own solution.
  • Family Dispute Resolution (mediation) – A neutral mediator helps parents explore options and reach agreement.
  • Parenting Plan – If agreement is reached, it can be written down as a flexible plan.
  • Consent Orders – If parents want a binding legal agreement, they can apply to the court for consent orders.
  • Parenting Orders – If no agreement is possible, a judge can make orders after considering evidence from both sides.

These processes are separate from the divorce application itself. You do not need to have final parenting orders in place before you apply for divorce, but you should be able to show that the children are currently being looked after.

Family Violence and Safety Concerns

If there has been family violence, coercive control, abuse or serious conflict, the arrangements for children become much more complex and sensitive. In these situations, the court gives priority to safety over everything else.

Examples of protective measures can include:

  • Supervised time between a child and a parent
  • Changeovers at safe locations or via third parties
  • Limitations on communication between parents
  • Orders that restrict or prevent certain types of contact
  • Attention to existing intervention orders or safety plans

If you are experiencing or have experienced family violence, it is critical to seek legal advice and support early. In some cases, you may also be exempt from the requirement to attempt mediation before going to court for parenting orders.

Do Children Have a Say in Arrangements?

Many parents ask whether their children can “choose” where they live. Australian family law does not set a fixed age at which children decide, but the child’s views can be considered, especially as they get older and more mature.

Children are not asked to give evidence directly in court in the usual way. Instead, their views may be communicated through:

  • A family report writer who meets with the child and the parents
  • An Independent Children’s Lawyer (ICL), in more complex matters
  • Mediators or counsellors (not as evidence, but to help shape agreements)

The child’s views are one factor among many; they are weighed alongside safety, stability and other best interests considerations.

How Involving Children Affects the Divorce Timeline

In most straightforward cases, the fact that you have children under 18 does not dramatically delay the divorce itself. However, the court does need to be satisfied about their arrangements. This can affect the timeline in situations where:

  • The information in the divorce application is incomplete or inconsistent
  • There are serious concerns about safety or neglect
  • The judge requires clarification or further evidence

If everything is clearly explained and there are no obvious risks to the children, the divorce will usually proceed in the standard time frame, with the divorce order becoming final one month and one day after it is granted.

Practical Tips for Parents Navigating Divorce With Kids

Going through a divorce with children under 18 can feel overwhelming, but there are some practical steps you can take to make the process easier:

  • Keep the children out of adult conflict – Avoid discussing legal issues or disagreements in front of them.
  • Focus on stability and routine – Consistent bedtimes, school routines and activities help children feel secure.
  • Document your arrangements – Even if informal, write down who is doing what and when.
  • Seek support – Counselling, parenting courses and support groups can help you navigate the emotional side of separation.
  • Get clear legal advice – Understanding your rights and responsibilities can prevent avoidable conflict.
  • Think long-term – The goal is a healthy co-parenting relationship that supports your children well beyond the divorce itself.

Final Thoughts

When you apply for divorce in Victoria and you have children under 18, the court’s main concern is that your children are safe, supported and properly cared for. The divorce itself doesn’t decide “custody” or make detailed parenting orders, but it does require you to show that reasonable arrangements are already in place.

You don’t have to navigate this alone. If you’re feeling unsure about how to present your children’s arrangements in a divorce application, or if there are disagreements or safety concerns, it’s wise to get tailored advice from an experienced family lawyer. The team at Call A Family Lawyer can help you understand your options, prepare the necessary documents and put child-focused arrangements in place so you can move forward with clarity and confidence.