Child Custody Lawyers Melbourne
Separated and worried about how much time you will have with your children? Our child custody lawyers give you a realistic view of the likely outcome from the first conversation, so you can negotiate with confidence.
In Australian family law, “custody” is dealt with through parenting arrangements: who the children live with, how much time they spend with each parent, and who makes major long-term decisions about their schooling, health and religion. Every decision is made in the best interests of the child, and the child’s safety comes first.
Since 6 May 2024 there is no presumption of equal shared parental responsibility, and the court no longer has to consider equal time. Many parents still come to us expecting a 50/50 split. Some arrangements end up there and many do not, and the reasons matter.
Move forward with clarity and confidence.
Start With a Realistic Outcome
In the first call, parents want to know two things: what a realistic outcome looks like, and how much time they will have with their children. That is where we start. A clear view of the likely result helps you decide what to agree to, what to push back on, and when it is worth going further.
Most parenting matters are resolved by agreement. Our job is to give you the information to negotiate well, and to be ready to go to court if the other parent will not be reasonable or a child is at risk.
Parents always ask me what is realistic, and I tell them honestly. Once you know what a court is likely to do, you can negotiate with confidence and keep the focus where it belongs: on your children.
Stephanie HopeSenior Associate, Melbourne Family LawyersExperienced Child Custody Lawyers in Melbourne
We act for mothers, fathers, grandparents and other carers in all kinds of parenting disputes, including:
- Parenting plans and consent orders
- Mediation preparation
- Urgent and recovery orders
- Interstate and overseas relocation
- Family reports
- Family violence and safety concerns
What the Court Considers
When deciding what is in a child’s best interests, the court considers:
The child's safety
The child's views
The child's developmental needs
Each parent's capacity
Relationships with family
The court also considers anything else relevant to the child’s circumstances, and for Aboriginal or Torres Strait Islander children, their right to connection with their culture. How much weight a child’s views carry depends on their age and maturity. There is no set age at which a child decides.
Preparing for a family report
Family reports are among the most important evidence in a parenting case, and the court relies on them heavily. A family report writer interviews both parents, and often the children, and makes recommendations about the arrangements.
How you approach that interview matters. We talk you through what the report writer is looking for, and how to raise your concerns about your children clearly and calmly without it turning into an attack on the other parent.
Urgent Orders and Relocation
When a child is at risk or has been taken without agreement, waiting is not an option. We have obtained urgent orders within 24 hours. We regularly act in matters involving:
- A child being withheld by the other parent
- A parent moving interstate without agreement
- A child taken, or at risk of being taken, overseas
- Recovery orders to return a child
- Adding a child to the Family Law Watchlist
- Family violence, drugs or alcohol affecting a child's safety
We have acted in many relocation cases, interstate and international. In one matter, the other parent moved with the children to Queensland without agreement. We obtained orders from the court for the children to be brought back.
Before you can file a parenting application, you generally need to attempt family dispute resolution (mediation) and get a section 60I certificate. Mediation is a real chance to resolve things early and get out of the system, and we approach it very seriously. To succeed, you need:
- Meticulous preparation
- Your proposal and the reasons for it
- Documents ready if a point is challenged
- A clear, logical case the mediator can follow
Exceptions apply where there is family violence, child abuse or genuine urgency. In those cases you can go straight to court.
If you reach agreement, it can be recorded in a parenting plan or made legally binding as consent orders. We normally recommend consent orders because they are binding and can be enforced if they are breached. A parenting plan can be useful while arrangements are still fluid.
As a guide, parenting arrangements finalised by consent cost $5,000 to $10,000.
If agreement is not possible, the court can make parenting orders after hearing the evidence, often including a family report. Interim orders can put arrangements in place while the case runs.
Parenting matters that go to court normally cost $20,000 to $30,000, and sometimes more. We tell you early whether court is likely to be worth it.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
Related Parenting Articles
Grandparents’ Rights in Australia: When Grandchildren Are Withheld
Grandparents can apply for parenting orders, but not every claim is strong. Here is how it works, and how to tell if yours is worth pursuing.
50/50 Child Custody in Australia: What the Research and Our Experience Show
Equal time can work well, but it depends heavily on how close the parents live and how old the children are.
What Makes a Parent Unfit for Custody in Australia?
A messy house or a missed soccer practice will not make a parent unfit. The court looks at one thing above all: whether the child is safe.
Frequently Asked Questions
Is 50/50 custody automatic in Australia?
No. Since 6 May 2024 there is no presumption of equal shared parental responsibility, and the court does not start from equal time. Arrangements are based on the child’s best interests, with safety first.
At what age can a child decide who to live with?
There is no set age. The court considers a child’s views, and gives them more weight as the child gets older and more mature, but they are one factor among several.
Do I have to go to mediation before court?
Generally, yes. You need a section 60I certificate before filing a parenting application, unless an exception applies, such as family violence, child abuse or urgency.
Can my ex move interstate with our children?
Not without agreement or a court order if it affects the existing arrangements. If a child has been moved without agreement, we can apply urgently for orders, including recovery orders to bring the child back.
What is a family report?
A report by a family consultant or psychologist who interviews the parents and often the children, and makes recommendations to the court. It is one of the most important pieces of evidence in a parenting case.
What happens if the other parent breaches parenting orders?
You can apply to the court to enforce the orders. The court can make further orders, require the parent to attend a program, or impose penalties.
How much does a parenting matter cost?
As a guide, $5,000 to $10,000 if it is finalised by consent orders, and normally $20,000 to $30,000 if it goes to court, sometimes more. We offer a free discovery call, and a full one-hour consultation costs $440.