In Australia, family law aims to serve the best interests of the child, yet when special physical, emotional or cognitive needs are involved, creating a workable arrangement can be a delicate and demanding process.

Several elements can influence parenting arrangements for children with special needs. Some key considerations include:

Health and medical requirements

Specialised care for children with medical conditions or disabilities aren’t always easily transferable from one household to another. In cases like this, courts will often look at which parent is best equipped to manage these healthcare needs, with the proximity of each parent’s home to medical facilities, therapy providers or specialist schools impacting outcomes.

Continuity and stability

Particularly in conditions such as autism or anxiety, significant changes in routine or environment can exacerbate conditions, making consistency crucial. Arrangements that minimise disruptions are favoured, even if this means a parent has more time with the child than the other to provide a stable setting.

Parental capacity and knowledge

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The capacity of each parent to meet the child’s needs is a key factor in these arrangements. Assessing whether parents have adequately educated themselves on the child’s condition, have access to support service, or understand the intricacies of any special care requirements will often be a part of these arrangements.

Sibling relationships

As in most parenting arrangements, the benefit of keeping siblings together is integrated into court decisions, particularly if the siblings play a role in the child’s care or provide special support. Maintaining these relationships can be a significant aspect of the best interest of any child, noting that this relationship will likely be the longest relationship children will ever have, usually surviving past their relationship with parents.

Financial implications

The additional expenses of attending to the needs of affected children, such as ongoing therapy, special equipment, or specialised schooling, can greatly complicate both financial and parenting arrangements. Courts may adjust these obligations to account for the increased financial burden of this financial support.

For parents who disagree on arrangements, mediation can be the most constructive step. Working to help parents focus on the child’s best interests, mediators can help facilitate what is an extremely emotionally challenging process. Developing a detailed plan, reviewing it regularly and seeking expert input will work towards the success of these arrangements. In these cases, the importance of a joint approach from a parental perspective is critical to its success. A collaborative effort through activities such as attending treaters, important appointments, schooling requirements and executing care plans or exercises should be the priority for parents and carers.

Lawyers advising clients in these matters must be prepared to address the child’s unique needs in court. Everything from gathering key information from medical professionals, educators and other relevant experts works to substantiate claims about what arrangements would serve the child’s best interests.

The need for a tailored approach, one that accounts for the nuances of each child’s situation, is critical in all parenting arrangements, but particularly so in cases of special needs. While Australian Family Law provides a framework, the specifics of the child’s condition, cooperation by the parents, and the expert input of their legal guidance is what most shapes beneficial outcomes. Family lawyers that guide parents through this challenging process and keep them abreast of all legal considerations, will ultimately do the most in meeting the best interests of these children.

Michael Tiyce is the principal of Tiyce & Lawyers Family Law Specialists.