When parents separate, questions about where children live, time with each parent and important decisions can be especially sensitive. We help you understand your legal position, explore workable arrangements and keep children’s best interests at the centre of the discussion.
Some parents make arrangements informally or record them in a parenting plan. Others seek consent orders or need a court decision. The right approach depends on the level of agreement, the need for certainty and any safety concerns.
Australian family law focuses on children’s best interests. There is no automatic rule that children must spend equal time with each parent. Relevant circumstances can include safety, wellbeing, relationships and each child’s individual needs.
Family dispute resolution is often part of the process before applying for parenting orders, subject to exceptions. We can help you prepare for discussion, understand proposals and assess when more formal advice or court involvement may be needed.
An existing arrangement may stop working as children grow or circumstances change. Moving home, schooling, communication and family violence concerns can all affect how matters should be handled. We provide clear guidance tailored to the issues in front of you.
Parents may rely on an informal routine, record an agreement in a parenting plan or ask the court to make consent orders. These options do not have the same legal effect. The suitable form depends on the level of cooperation, the need for certainty and whether either parent is concerned that the arrangement will not be followed.
A useful proposal deals with ordinary life as well as change. It may address living arrangements, time with each parent, school terms, holidays, transport, communication and important decisions. The detail should fit the child’s age and needs rather than copy a standard schedule that does not work for the family.
Family dispute resolution is commonly used before parenting proceedings, but exceptions can apply. Family violence, child safety concerns, urgency or an inability to participate effectively may change the appropriate pathway. Tell us about any current order, police involvement or immediate risk at the beginning of the conversation.
Where dispute resolution is suitable, legal advice can help you prepare a workable proposal and assess the other parent’s proposal. If court is necessary, we explain the application, evidence and interim issues. The focus remains the child’s best interests, not a parent’s assumption of equal time or ownership of a particular arrangement.
Schooling, relocation, health needs, a parent’s work or a child’s development can make an old arrangement impractical. Existing court orders should not be ignored because circumstances have changed. Obtain advice about negotiation, variation or enforcement before acting inconsistently with an order.
Bring any parenting plan, consent order, intervention order and relevant court material. A concise chronology, current weekly routine and information about proposed changes will help the team understand the dispute.
A proposal should be specific enough to operate without repeated disagreement. Consider changeover times and places, school and activity commitments, holidays, telephone or video contact, travel and how parents will exchange important information. The level of detail should reflect the family’s communication and the child’s needs, while leaving sensible room for agreed changes. If communication is difficult, the proposal may also need a reliable method for notices, schedule changes and urgent decisions. Clear practical terms can reduce later disputes without trying to regulate every minor event.
Our family law team explains the legal process in plain language and helps you separate urgent decisions from matters that can be negotiated over time. Advice is based on your documents, family circumstances and safety concerns. We are upfront about cost from day one and do not promise a particular result. The team focuses on workable arrangements, legal certainty and the child’s individual circumstances.
People often search for “child custody”, but modern Australian family law generally uses terms such as parenting arrangements and parenting orders. The focus is on the child’s best interests.
No. There is no universal equal-time entitlement. Arrangements depend on the individual child and relevant legal considerations.
There may be options such as family dispute resolution, legal negotiation and, where required, a court application. Safety and urgency can affect which steps are appropriate.
Call (03) 9111 9945 and explain the current parenting arrangements, the change proposed and any safety or urgency concern. Have existing plans, orders and hearing dates ready. Office hours are Monday to Friday, 9 am to 7 pm. Callback requests are also available online.
Floor 1, 330 Keilor Rd,
Niddrie VIC 3042
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Whatever family challenges you’re facing, we help you understand where you stand. Compassionate support, fixed fees, and complete clarity.
