If you’re seeking sole or shared custody of your children or want to modify your current parenting arrangements, our experienced Melbourne child custody lawyers are here to assist you.
Organising care of children after a relationship ends, or child custody arrangements, can be a complex process, especially if both parents are not in agreement about how this will take place.
Our team will work with you to ensure that an arrangement reflects the best interests of your child or children.
Please note that ‘child custody’ is now more often referred to as ‘time with children’ or ‘care of children’ in family law matters.
Rely on our expertise to understand your options and create parenting agreements that prioritise your family’s unique needs.
Our child custody lawyers approach each case empathetically, recognising the emotional challenges and offering compassionate guidance throughout the process.
Through collaborative law and mediation, we work to achieve mutually beneficial agreements, helping you move forward while minimising the need for court involvement.
When considering parenting arrangements, it is essential to find a solution that works for your family’s unique circumstances, including work schedules and locations.
Shared parenting time is ideal for parents who want to participate equally in their child’s life, with both sharing responsibilities.
For families with busy work schedules or significant distances between them, weekend visitation and holiday arrangements may provide a flexible option.
Sole care is another consideration when one parent assumes primary responsibility, with the other having visitation rights.
Each arrangement should prioritise your child’s wellbeing, stability, and emotional needs while accommodating the family’s lifestyle.
When deciding on parenting arrangements, you’ll need to consider practical and emotional factors, such as:
It’s also important to decide if legal formalisation is needed. If both parents agree, parenting arrangements can be formalised through Consent Orders with the Federal Circuit & Family Court of Australia.
Our team can provide legal advice to ensure the arrangements are fair and in your child’s best interests.
In most circumstances, children should have contact with both parents after a relationship breakdown.
Sometimes, factors such as domestic and family violence, child abuse, neglect, parental alienation, financial abuse, criminal law matters, addiction or serious mental health issues concerning either parent can mean that one parent seeks temporary or permanent full-time care (sole child custody), sole decision-making responsibility and/or supervised visitation.
Matters of this nature generally require strong legal support, especially if they are to be decided by the courts. Our team is here to provide complete support on your family law journey.
Our child custody lawyers can help you navigate family law matters, including consent, interim, and permanent orders. We assist with negotiating fair parenting arrangements and offer mediation services to help both parents reach an amicable agreement.
Whether you’re seeking temporary solutions or a long-term parenting plan, our team provides expert guidance to ensure the best outcome for your family. We prioritise your child’s wellbeing and help you avoid unnecessary court proceedings when possible.
The best way to reach an agreement about parenting matters is through open, honest conversations where both parents feel heard and understood. Mediation or family dispute resolution can be really helpful in guiding those discussions in a positive direction. Getting legal advice and support from family law experts can provide clarity, and you can formalise things with a parenting plan or consent orders.
Ultimately, it’s about putting your child’s needs first and finding a solution that works for everyone involved. If matters cannot be resolved, attending court may be necessary.
The court will make a decision about children’s matters based on the applications from both parents. It’s well advised to seek specialist family law advice if your matter is headed to court, and to ensure you have attempted to make arrangements through other avenues before court proceedings commence.
International family law matters can be complex, especially when parents have differing views on where a child should be raised. Child custody decisions are made based on the child’s best interests, taking into account factors such as the child’s relationship with each parent, their living environment, and each parent’s ability to provide stable and supportive care.
International treaties like the Hague Convention on the Civil Aspects of International Child Abduction help resolve family and relationship law matters across borders, ensuring the child’s rights are protected and that decisions are made regarding their welfare and safety. Local laws and the child’s habitual residence also play a key role.
Yes, child custody arrangements made with consent orders or parenting orders can be changed, but it requires court approval. If circumstances change, such as a significant shift in living arrangements or parental responsibilities, either parent can apply to vary the orders. The court will evaluate if the change is in the child’s best interests. It’s important to seek legal advice before attempting to alter arrangements to ensure proper legal procedures are followed.
Our child custody lawyers provide expert support in creating tailored Parenting Plans and Parenting Orders (Consent Orders) that reflect your family’s unique needs. Our focus is on ensuring fair, balanced, and child-focused arrangements that promote your children’s wellbeing.
Streamline your family’s legal agreements with our efficient Consent Order process. We offer clear, legally secure solutions, ensuring all parties are fully informed and agree with the terms.
Our team customises Parenting Plans to suit your family dynamics, fostering cooperation and responsibility. We prioritise your child’s best interests, ensuring a fair and workable arrangement for both parents.
When parenting challenges arise, we offer expert guidance to help resolve disputes. Our experienced team facilitates constructive solutions, minimising conflict and promoting family harmony.
We value the role of grandparents in children’s lives and work to ensure they remain a meaningful part of the family after separation or divorce. Our team provides the legal support needed to preserve these vital connections.
Our experienced team offers clear guidance on child support, ensuring equitable financial arrangements. We can also assist in navigating the Services Australia Child Support Agency’s calculations.
For those affected by family violence, we provide compassionate legal assistance and protection. Your safety and wellbeing are our priority, and we offer the support needed to secure a safer, more stable future.
With in-depth knowledge and a commitment to your case, our legal team advocates for your rights in court. We ensure you understand the process while working to achieve the best possible outcome for your family.
Book an appointment with one of our experienced team members today or call us at (03) 9435 9044. We’re here to guide you through creating Parenting Plans and Parenting Orders that focus on your child’s best interests. Let’s start this important journey together.
In child custody cases, there isn’t a true “winner”—the primary focus is always the best interests of the child. Ideally, both parents work together to find a solution that benefits the child’s wellbeing. However, statistics from Australia show that most child custody cases are resolved through negotiation or mediation, with fewer cases going to court.
In 2020-2021, around 90% of family law matters in Australia were settled outside of court, often through Parenting Plans or Consent Orders. When cases go to court, the Federal Circuit and Family Court of Australia typically favours shared parental responsibility unless one parent’s involvement is deemed harmful to the child. The goal is always to ensure a stable, loving environment for the child, not to determine a winner between parents.
In Australia, the cost of a custody lawyer can vary depending on the complexity of the case and the services required.
It’s important to discuss costs upfront with your lawyer and ask about fixed fee arrangements or payment plans, as many firms offer these options to help manage expenses.
Property settlement and parenting arrangements (child custody) are handled separately under family law. However, both matters can be resolved simultaneously with consent orders. Working with an accredited family law specialist or experienced divorce lawyers ensures you receive professional legal representation, helping to navigate financial settlements, including splitting super and self-managed superannuation funds, child support, and spousal maintenance while ensuring your rights are protected throughout the process.
If you can’t agree on parenting arrangements, you can attend family dispute resolution (FDR) to try and reach a solution. If this fails, an independent children’s lawyer (ICL) may be appointed to represent the child’s interests. If necessary, court proceedings can follow to resolve the family law issues and make a final decision on parenting. If matters are complicated, working with a specialist family law firm can assist you to reach a resolution.
Child support matters are typically calculated using the child support assessment under the Family Law Act (The Australian Government Child Support Scheme). You can also arrange a binding child support agreement to address financial responsibilities. This agreement is separate from parenting and custody arrangements. For a fair and equitable outcome, it’s important to obtain advice from experienced family lawyers to ensure your legal rights and obligations are clearly understood and protected.
In family law, ‘child custody’ is now commonly referred to as ‘time with children’ or ‘care of children,’ reflecting a focus on the child’s best interests and shared parenting.
For expert guidance, our experienced child custody lawyers have been supporting Melbourne families for over a decade, helping them navigate legal arrangements and promote fair, cooperative co-parenting.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough