Parenting arrangements lawyers
Arrangements for your children after separation, often called child custody, shape their everyday lives. We help you put arrangements in place that are safe, practical and built around what your children need.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Children can thrive across two homes. The arrangements you make, and the way you reach them, make a real difference to how secure your children feel.
We help you work out where your children will live, how time with each parent is shared, and how decisions about schooling, health and other important matters will be made.
Our aim is arrangements that work in real life, keep conflict down and can grow with your children, whether you reach them together, through mediation or, where it is unavoidable, through the Court.
Legal advice that keeps your children’s wellbeing in view
Parenting matters are rarely only legal. Children need to feel safe, grounded and loved in both homes, and parents need practical ways to make that happen day to day.
Where it would help, we coordinate support through our sister practice, Florens Psychology & Wellbeing. That can include co-parenting support, guidance on talking with your children about the separation, and thoughtful planning for introducing new partners. This includes our Positive Co-Parenting Program, which helps separated parents communicate better, ease conflict and keep their children at the centre.
Florens Psychology & WellbeingHow we can assist
Whether you are working out arrangements for the first time, updating what you have, or facing a dispute, we give you clear advice focused on your children.
Living and time arrangements
Where your children live and how they spend time with each parent, including school holidays, special occasions and changeovers.
Decision-making
Who makes major long-term decisions about schooling, health, religion and culture, and how those decisions are shared.
Parenting plans
Flexible written agreements that record arrangements without going to court.
Learn moreConsent orders
Turning your agreement into legally binding orders, usually without attending court.
Learn moreRelocation
Advice where a parent wants to move with the children, whether to another suburb, town or state.
Overseas travel
Consent for passports and holidays, international arrangements, and action where there is a risk a child may be taken overseas.
Grandparents and extended family
Helping children keep important relationships with grandparents and other family members.
Urgent applications
Urgent advice and court applications where a child is at risk or is being kept from a parent.
Child support is assessed separately, usually by Services Australia. We can advise on how it interacts with your parenting arrangements and on child support agreements.
For a longer view of what makes arrangements last, read Twenty years of co-parenting. Plan for it now.
How parenting arrangements are made, step by step
Most parents settle arrangements without a court deciding for them. Here is how the process usually unfolds, and where we help along the way.
Call 1300 739 954Get advice early
An early conversation helps you understand how the law applies to your family, what is realistic, and what to do and avoid in the first weeks. If there are safety concerns, we deal with those first.
Try to reach agreement
Parents can agree by talking directly, through their lawyers, or with the help of a mediator. We help you put forward proposals that are realistic and centred on your children.
Attend family dispute resolution
Before applying to the Court for parenting orders, you generally must make a genuine attempt at family dispute resolution and obtain a certificate from an accredited practitioner, known as a section 60I certificate. Exceptions apply, including family violence, risk of child abuse and genuine urgency.
Put your agreement in writing
A parenting plan is a written agreement, signed and dated by both parents. It is flexible but not legally enforceable. Consent orders are made by the Federal Circuit and Family Court of Australia and are legally binding. We advise which suits your family and prepare the documents.
If you cannot agree, the Court decides
The Court makes orders based on what is in your children’s best interests. The process often includes a family report from a family consultant and, in some cases, an Independent Children’s Lawyer. Many matters still settle before a final hearing.
Review as your children grow
What suits a toddler rarely suits a teenager. Parents can update arrangements by agreement at any time. Changing final orders without agreement generally requires a significant change in circumstances.
“The Team at Franklin Family law are amazing, empathetic and professional. They truly had my best interests at heart and looked after me with care and professionalism.”
Need advice about parenting arrangements?
Talk to our family law team.
What the Court considers
Since 6 May 2024, the law no longer presumes that parents share equal parental responsibility, and there is no starting point of equal time. Every decision is made on what is best for the particular child.
Safety first
The safety of your children, and of each person who cares for them, including any history of family violence, abuse or neglect.
Your children’s needs and views
Their developmental, emotional and cultural needs, each parent’s capacity to meet them, and any views your children express, weighed according to their age and maturity.
Relationships that matter
The benefit of a relationship with each parent, and with grandparents, siblings and others important to them, where that is safe.
For Aboriginal and Torres Strait Islander children, the Court also considers their right to connect with and enjoy their culture.
Who you’ll work with
Laura Dowling
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Dr Suvarna Variyar
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Rachael Aydami
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Dan Farkhutdinov
View profileSeparation 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 parenting arrangements
Is there a presumption of equal time or 50/50 care?
No. Since 6 May 2024, the law no longer presumes that parents share equal parental responsibility, and the Court is no longer required to consider equal time first. Equal time can still be the right arrangement where it suits the children, but every decision starts with their best interests.
At what age can my child decide where to live?
There is no set age. The Court considers children’s views and gives them more weight as children grow older and more mature. Children are never required to express a view, and their views are one factor among several.
Do we have to try mediation before going to court?
Generally, yes. Before applying for parenting orders you must make a genuine attempt at family dispute resolution and obtain a section 60I certificate. Exceptions include family violence, risk of child abuse and truly urgent matters.
What is the difference between a parenting plan and consent orders?
A parenting plan is a written agreement, signed and dated by both parents. It is flexible but cannot be enforced. Consent orders are made by the Court and are legally binding. A later parenting plan can change how some existing orders operate, so it is worth getting advice before signing one.
Can I move away with the children?
If the move would make it harder for the children to spend time with their other parent, you will need that parent’s agreement or a court order. Moving first and seeking agreement later can count against you, so get advice before you make plans.
Can I take the children overseas?
For a holiday, you will usually need the other parent’s written consent, and both parents generally need to consent to a child’s passport. Where parenting orders exist or court proceedings are underway, taking a child overseas without consent or a court order is a criminal offence. If you are worried a child may be taken overseas, urgent orders and the Family Law Watchlist can help.
Do grandparents have any rights?
Grandparents do not have an automatic right to see their grandchildren, but the law recognises how important those relationships can be. Grandparents can apply for parenting orders, and we can help explore agreement first.
How is child support worked out?
Child support is separate from parenting arrangements. It is usually assessed by Services Australia using a formula based on each parent’s income and the level of care each provides. Parents can also make their own child support agreements.
What if I am worried about my children’s safety?
Tell us at the outset. Safety is always the first consideration, and we can advise on protection orders and urgent court applications. If anyone is in immediate danger, call 000.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Arrangements built around your children.
Whether you are starting to think about arrangements, trying to reach agreement or facing court, we invite you to start with a confidential conversation about your family and your options.
