Parenting Order Lawyers in Melbourne

One question decides everything: the child’s best interests

If you and your former partner cannot agree about the children, the Family Law Act gives the court a single compass: what is in the best interests of each child. The test has six focused considerations, and safety sits at the top of the list. The old presumption of equal shared parental responsibility is gone. So is the idea that anyone starts with a right to 50/50 time.

That change cuts both ways, and it is why early advice matters. If you are being pressured into an arrangement “because the law says equal time”, that is wrong. If you are hoping a court will simply split the week in half, that is wrong too. Call 1800 130 120 and we will tell you, for free, what a court would realistically make of your situation.

Agreement first: parenting plans and consent orders

Most parents reach agreement, often with help, and the law is built to reward that. A parenting plan is a written, signed agreement covering living arrangements, time and decisions. It is flexible and free, but it is not enforceable. Consent orders take the same agreement and file it with the Federal Circuit and Family Court of Australia, turning it into orders the court can enforce, without either parent stepping into a courtroom.

Our usual advice: a parenting plan suits parents who communicate well and expect circumstances to keep changing. Consent orders suit everyone else, especially where trust is thin or handovers keep sliding. We draft both, and we draft them specifically, because “reasonable time as agreed” is the clause that generates the next dispute.

Mediation is compulsory before court

You cannot simply file a parenting application. First you must make a genuine attempt at family dispute resolution with an accredited practitioner. If mediation resolves it, we convert the agreement into consent orders. If it does not, or the other parent will not participate, the practitioner issues a section 60I certificate and the door to court opens. Exemptions exist for family violence, urgency and risk to a child, and the court can turn away applications filed without a certificate or valid exemption.

We prepare clients for FDR properly: what to ask for, what to concede, and what a court would order if mediation fails. Walking in with that picture in your head tends to produce a much better outcome than walking in angry.

When court is the right call

Some matters need a judge: a child at risk, a parent who will not engage, an attempted relocation, allegations of family violence. Contested proceedings carry real cost, in money and in wear on the family, so we keep pushing for settlement at every point, because a negotiated arrangement almost always serves children better than a fought one.

Where safety is the issue, the parenting case rarely travels alone. Our family violence work covers intervention orders at the Magistrates Court, and the financial side of raising the children is covered in our child support guide. Our family lawyers run all three threads together so nothing said in one case damages another.

Talk to a parenting lawyer today

Call 1800 130 120 or use the form on this page. Evenings and weekends included. Tell us the ages of the children and what the current arrangement is, and we will tell you what a realistic outcome looks like and what it would cost to get there.