Child Custody Lawyers Melbourne
Child-focused legal advice for Melbourne parents separating. LIV Accredited specialists, based beside the family law courts.
2025
APAC Business Awards
(Family Law Firm of the Year – Australia)
Our Awards
ASSISTED OVER 5,000 FAMILIES
Separating with children is stressful. Our child custody lawyers in Melbourne turn that worry into a clear parenting plan, whether you’re still weighing up separation and divorce lawyers in Melbourne or already know the arrangements you want. From your first call, you get honest advice on what’s realistic.
We handle parenting plans, consent orders, contested parenting orders, relocation and urgent safety matters. Not sure what’s typical? See the most common child custody arrangements in Australia before you meet us.
Most disputes settle without a hearing, and we represent you firmly in court when they don’t. We’ll also explain how much say your child has in where they live and what the law now requires.
Move forward with clarity and confidence.
Who gets custody of a child after separation?
Neither parent starts ahead. Since 6 May 2024, the Family Law Act 1975 no longer presumes equal shared parental responsibility, and equal time is no longer a starting point. Courts now weigh six best-interests factors, led by your child’s safety. Your family’s facts decide the outcome, so early advice matters.
Watch and Learn
View our video and learn more about us
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Solicitor
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
The Role of a Child Custody Lawyer in Complex Cases
Indeed, there are parenting disputes that can be easily handled by making informal agreements or through mediation. However, some cases are more complex and are best handled by someone with expertise in family law. It is advisable to consult with a child custody lawyer if you are experiencing:
- High-conflict separation If establishing productive communication seems challenging.
- Family violence or abuse This is necessary to make sure you and your child are well-protected.
- Relocation disputes If you and your co-parent have plans of moving, but you can't agree on future arrangements.
- Concerns over child welfare Involve a child custody lawyer, especially when you have doubts that the other parent can provide a safe environment for your child.
A child custody lawyer will not only help you understand your legal rights, but also help you go through this emotional terrain. We will advocate for you in negotiations or court, and we will aim for a fair, stable arrangement that puts your child’s needs first.
What does child custody mean in Australia?
Australian law speaks of parental responsibility and parenting arrangements. Parental responsibility means making major long-term decisions about health, education and religion. Both parents generally share it unless a court orders otherwise. Sharing decisions doesn’t mean sharing time equally.
Spend time with the child / live with the child.
When parenting arrangements are put in writing, you will usually see two practical ideas:
Who your child lives with and who they spend time with. “Live with” covers the child’s main home and everyday routine, including school nights, appointments, and the usual weekly schedule.
“Spend time with” refers to the time the other parent has with the child, which can include weekends, midweek visits, phone or video calls, and special occasions.
There is no one-size-fits-all split. What works depends on your child’s age, school needs, distance between homes, your work schedules, and, most importantly, safety and stability.
Types of Parenting Arrangements
Oral Parenting Agreement
An oral parenting agreement is an informal arrangement you and the other parent agree to without putting anything in writing, and it can work when communication is calm and both of you are consistent and cooperative. However, this type of agreement can pose some risks. The main risk is that it can be difficult to enforce if one parent stops following the arrangement. It leaves grey areas around school holidays, travel, special occasions, and expenses. You can follow an informal agreement that can help keep the routine predictable. Always confirm key details in writing whenever possible, even if it is simply a clear message exchange, so expectations do not change without warning.
Parenting Plans
A parenting plan is a written agreement that specifies your parenting arrangements. This covers important matters, such as where your child lives, time with each parent, holiday schedules, communication, and how decisions will be made. It is flexible, can be updated as life changes, and is often used after mediation because it gives you more clarity than a purely informal arrangement.
Parenting Orders
Parenting orders are formal and legally enforceable court decisions made by the Federal Circuit and Family Court of Australia. These orders are issued either after a hearing or by agreement. They can be used to avoid conflict, improve poor communication, and prevent repeated breaches of informal arrangements.
How do courts decide what's in my child's best interests?
- Safety: protection from family violence, abuse and neglect comes first.
- Emotional and Developmental Needs: your child's views, taking age and maturity into account, and their emotional and developmental needs.
- Parental Capacity: your child's relationships with parents and family, and each parent's practical ability to care for them.
If you are unsure how these changes apply to your situation, a child custody lawyer can talk you through it in plain terms and help you shape a parenting plan that genuinely puts your child first.
Can I move interstate or overseas with my child?
Moving changes school, friendships and time with the other parent. If you can’t agree, the court applies the best-interests factors, including your reasons and how your child maintains a meaningful relationship with the parent who stays.
- The child’s best interests: This will always be the major consideration in every relocation decision.
- The reasons for relocation: The court will give weight to the necessity for moving, like a new job, safer living arrangements, or support from extended family.
- The impact on the child’s relationships: How the child can keep a steady relationship with the other parent and wider family, even with distance involved, is also a factor the court looks into.
Worried about removal overseas? We’ll explain Passport Child Alerts and the Family Law Watch List, and act quickly if your child isn’t returned.
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Frequently Asked Questions
How long must a father be absent to lose his rights in Australia?
In Australia, there’s no specific time frame after which a father automatically loses his parental rights due to absence. Parental rights are generally only terminated by a court order, and this is usually only done if it’s in the best interests of the child. Each case is unique and evaluated individually.
Who gets custody of a child in divorce in Australia?
In Australia, custody is not automatically granted to either parent in a divorce.
The Family Law Act of 1975 emphasises that the child’s best interests are paramount.
Courts generally prefer arrangements where the child has a relationship with both parents unless there are reasons such as abuse or neglect that would make this not in the child’s best interests.
How much does a custody battle cost in Australia?
The cost of a custody battle in Australia can vary widely depending on the case’s complexity, the lawyers involved, and whether it goes to trial.
Legal fees can range from a few thousand dollars for simpler cases to tens of thousands for more complex disputes. It’s advisable to consult with a family lawyer for a more accurate estimate tailored to your situation.
What to bring to a custody lawyer consultation?
If you’re planning to schedule a consultation with a lawyer, it’s important to be prepared for your meeting. Here are some items you should consider bringing to your custody lawyer consultation:
Any relevant legal documents: Bring copies of any legal documents that are relevant to your case, such as a marriage certificate, prenuptial agreement, divorce decree, child custody order, or any other legal paperwork related to your family law matter.
- Financial documents: If your case involves financial matters such as property division, spousal support, or child support, bring relevant financial documents such as tax returns, bank statements, pay stubs, and investment account statements.
- Questions: Make a list of any questions you have about your case or the legal process and bring them with you to the consultation. This will ensure that you get the answers you need and that you don’t forget anything important.
- Contact information: Bring a list of contact information for yourself and any other parties involved in your case, including your spouse or former spouse, children, and other relevant individuals.
- Notes: Take notes during the custody lawyer consultation so that you can remember important information discussed during the meeting. You may also want to bring a pen and paper or a notebook to take notes during the consultation.
- Relevant communication: Bring any relevant communications, such as emails, text messages, or voicemails, that may be relevant to your case or legal issue.
- Timeline: If possible, create a timeline of events leading up to your legal issue or case, including any relevant dates, events, or actions taken.
Being prepared and bringing relevant documents and information to your consultation can help your lawyer better understand your case and provide you with tailored legal advice and guidance.