Children & Parenting

We assist where a child is being unilaterally withheld, where you have serious concerns for the safety of the children, or simply do not know what is the right thing to do in the circumstances.

With experience in family law litigation, we are best placed to give child-focused advice that minimises unnecessary conflict and helps you to focus energy on what is most important. Whether you require advice for a conversation with your ex-partner, direction for an upcoming mediation, or greater intervention to secure the outcomes you seek, we are ready to assist.

We have assisted many clients with complex parenting arrangements, including international custody arrangements, unilateral relocation cases, drug and alcohol concerns, and navigating arrangements for children with special needs.

How can we help?

If you and your ex-partner can agree on the terms of a parenting arrangement, we can draft the relevant court orders, prepare the relevant information, and guide you through any technical concerns. This is the main way to formalise a parenting and/or property arrangement.

This is the standard option for finalising an agreement without needing to attend court. We have a 100% success rate in filing and getting approval of our consent orders. As your trusted legal advisers, a settlement with us is one less thing to worry about.

We believe that it is better for both parents to agree to arrangements for the children. As far as it is practical, we will encourage our clients to have conversations and negotiate a parenting arrangement with the other side before formally engaging a family law solicitor. In the event of agreement, we can proceed to formalise a written parenting arrangement for you.

In saying that, we also acknowledge that sometimes the other person is simply not going to agree to a reasonable arrangement. Whether this requires a phone call, correspondence, or a court application, we will give you confidence in knowing what steps to take to secure the outcome that you seek.

We will assist you to confidently navigate both the simple agreements and the complex disagreements that may arise, and ensure that time spent with children is fairly and safely negotiated.

Family Dispute Resolution (FDR) mediation is a helpful first step for parents to negotiate and determine parenting arrangements without the need for engaging solicitors. We offer an initial consultation to those who seek advice on how to prepare for and approach the mediation. We understand that proactive legal advice can set you up for success before things deteriorate.

In the event that parenting arrangements cannot be resolved, lawyer assisted mediation is also an option to seek to resolve continuing litigation. FDR mediation seeks to empower parents to make decisions collaboratively, reducing the likelihood of future conflicts and fostering a cooperative co-parenting relationship. We can assist with and advise on many alternative dispute resolution options for you to consider in seeking a final property settlement.

A child support assessment will usually continue to be in place until your youngest child turns 18. With such a clear long-term obligation, we recommend that you obtain advice on your options before you make any decisions and proceed to act.

Frequently asked questions

A parenting plan is a voluntary written agreement between parties outlining how they will care for and make decisions about the children. While a parenting plan is not legally binding, it can be used as evidence in a court proceeding or otherwise be formalised into a legally binding consent order by agreement between the parties at any time.

This is one of the most common enquiries that we receive on a day-to-day basis. While there are several things that may need to be considered, we recommend that you obtain legal advice as a priority to map out your circumstances and ensure an understanding of your rights. Do not wait for the matter to resolve, as this may compromise your position before the Court.

It is common for one parent to withhold the children alleging “safety concerns”. This is especially common if there is an intervention order in place, issues with drugs and alcohol, or other allegations of family violence, neglect, or abuse. As the Court is especially concerned about allegations of family violence, it is likely that you will need to engage various interventions to alleviate the Court’s concern and to demonstrate that it is best for you to see the children.

The Court is required to consider what is in the best interests of the child. In deciding upon any parenting arrangement, the children can expect to “spend time with” (not “custody”) both parents in the absence of any serious concerns regarding family violence, neglect, abuse, drugs, or alcohol issues. The legal process encourages both parents to agree to a parenting arrangement by consent at each stage of the process before further interventions are required.

Children & Parenting

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