The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.1.6 Care arrangement

Context

For child support (1.1.C.60) purposes, a care arrangement and a written agreement for care (1.1.C.10) of a child has the same meaning used for family assistance purposes (FA Guide 1.1.C.05).

A document that acknowledges that care is occurring in a particular way does not constitute a written agreement, even if it is signed by both parties. The written agreement must indicate that the care arrangement constitutes an agreed, ongoing care arrangement for the child.

Disputed care (1.1.D.70) is different from situations where there is disagreement about the facts regarding the care of a child, whether or not a care arrangement is in place for the child. See 4.1.5 for information about how the Registrar deals with conflicting information or disputed facts about a care arrangement.

Act reference: FAAct section 3 Definitions

FL Act section 63C Meaning of parenting plan and related terms, 64B Meaning of parenting order and related terms, section 70D Registration of orders in a particular State, section 70G Registration of orders

Situations where there is no care arrangement

A care arrangement does not exist where parents (1.1.P.10) only have a verbal agreement for the care of a child. Where there is no care arrangement in place for the care of the child, an interim period will not apply.

In cases where individuals are in dispute about care and they do not have a care arrangement in place, the care in the assessment will be based on the actual level of care each parent is providing. Similarly, if a non-parent carer was caring for a child on the basis of a verbal understanding with the child's parent, an interim period would not apply if the child returned to live with their parent against the wishes of the non-parent carer.

Act reference: CSA Act section 51 Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with

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