When parents separate, one of the biggest concerns is where the children will live. Many wonder if siblings are always kept together. The short answer is no. While courts do usually prefer to keep brothers and sisters together, this is not always possible and does not always happen.
Every family is different, and each case and custody arrangement depends on what is best for the children. If you require assistance understanding your options, family lawyers can explain how the law applies to your situation.
Are Siblings Always Placed Together in Australian Family Law Custody Arrangements?
Australian family law focuses on what is in the best interests of each child. While courts often believe that keeping siblings together helps their wellbeing, it is not a strict rule. Sometimes living arrangements that work best for one child may not be right for another.
In making custody arrangements, the court will consider each child’s age, their needs, and their individual relationship with their parents.
For example, if one child has a strong bond with one parent while the other feels safer with the other parent, the court may decide they should live separately but still spend time together.
Read Also: Who Decides a Child’s School After Divorce in Australia?
What Factors Do Courts Consider When Deciding If Siblings Should Stay Together?
Judges will assess several factors when deciding if keeping siblings together is in their best interests. These factors include:
at several factors to decide if keeping siblings together is in their best interests. These factors include:
- Emotional Bonds: How close are the children to each other? Do they rely on each other for support?
- Individual Needs: Does one child have special medical, emotional, or educational needs that affect living arrangements?
- Views of the Children: If the children are old enough, the court may listen to what they want.
- Family Dynamics: How does each parent support the sibling relationship?
- Practical Issues: Are there housing or distance problems that would make it hard for the children to stay together?
Family lawyers will often help parents prepare evidence showing why keeping siblings together benefits their wellbeing.
Read Also: Guide to Co-Parenting in Australia
Can Children Be Separated If It’s in Their Best Interests?
Yes. Courts can decide to separate siblings if it is best for their health, safety, or development. This choice is not made lightly.
Situations where siblings might live apart include:
- One child has a strong bond with a parent and feels secure in that home.
- One sibling needs care that can only be provided by a particular parent or specialist.
- There is conflict between the children that makes living together harmful.
Even when siblings live separately, the court tries to make sure they still spend time together. Family lawyers can help create parenting plans that support regular contact and shared activities.
Read Also: Can a Parent Lose Custody for Emotional Abuse?
How Do Family Lawyers Help Parents Advocate for Keeping Siblings Together?
Family lawyers play an important role in helping parents protect sibling relationships, they can:
- Gather evidence showing the children’s connection and shared routines.
- Prepare statements about each child’s needs and preferences.
- Suggest parenting arrangements that give siblings time together.
- Explain options for shared care if children live in different households.
By working with skilled professionals, parents can build a clear picture of why keeping siblings together is important for their wellbeing.
What Should You Do If You Disagree With a Proposal to Separate Your Children?
If you hear that someone wants to separate your children, it can feel overwhelming. You do not have to accept the proposal right away.
Here are some steps you can take:
- Talk to Your Lawyer: Share your concerns and ask for advice about your options.
- Gather Information: Collect evidence about your children’s bond and how separation could affect them.
- Stay Focused on the Children: The court wants to know what arrangement will help them grow up safe and healthy.
- Consider Mediation: You may be able to work out an agreement without going to a final hearing.
Family Lawyers can guide you through the process so you feel prepared and confident to express your views.
Read Also: Mother vs Father Custody Statistics in Australia
Moving Forward With Care
Deciding where children live after separation is never simple, especially when siblings are involved. Courts want to help children feel safe and loved, whether they live together or apart. Remember, no two families are the same.
If you are unsure about your next steps, it helps to get advice early. The best family lawyers Sydney have experience with complex parenting arrangements and can explain what the court may consider. Take time to learn about your choices so you feel ready to make the best decision for your children.
Need Help Protecting Your Children’s Bond?
Do you want to make sure your children’s relationship stays strong during a separation? Justice Family Lawyers can help you understand your options and prepare a plan that supports your family.
Our team offers clear guidance, practical support, and compassionate service. Contact us today to arrange a confidential consultation and learn how we can help you protect what matters most.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
