“Custody” is the word most people use, but the law now talks about parenting arrangements. Whatever you call it, we help you secure arrangements that are right for your children.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Australian family law no longer uses the terms custody and access. Instead, parenting orders deal with who children live with, how much time they spend with each parent, and who makes major decisions.
There is no automatic rule about how time is shared. Every decision is based on what is best for the children.
Most parents reach agreement without a court hearing. We help you get there where it is safe, and protect your children where it is not.
What changed in 2024
Since May 2024, the law no longer presumes that parents should have equal shared parental responsibility. The focus is on the child’s safety, needs and relationships.
Equal time is not a starting point. Arrangements are tailored to each child.
Understand your options and what is likely to be best for your children.
Try to agree
Directly, through lawyers or through family dispute resolution.
Put it in writing
A parenting plan or consent orders.
Apply to the Court if needed
Where agreement is not possible or not safe.
The Court decides
Based on the children’s best interests.
“Highly recommend. From our very first discussion I felt supported and confident in the firm’s ability. The experience and commitment throughout this very stressful process was amazing. Everything was explained clearly and handled with respect.”
Separation can take a real toll on you and your children. Our family wellbeing practitioner, Karly O’Shea, can support you and your parenting alongside your matter, starting with an optional, complimentary wellbeing assessment. Family wellbeing support
Common questions about child custody
Is custody still a legal term in Australia?
No. The law uses parenting orders, which cover who children live with and spend time with, and who makes decisions.
Will we get 50/50 custody?
There is no presumption of equal time. Arrangements are based on what is best for each child.
Do children get a say?
Children’s views are considered, depending on their age and maturity, usually through a family consultant rather than in court.
Do I have to try mediation first?
Usually, yes. Family dispute resolution is generally required before a parenting application, unless an exception applies, such as family violence or urgency.
Can orders be changed later?
Yes, by agreement or by applying to the Court where there has been a significant change in circumstances.
