Family Law Children & Parenting Matters

Family law parenting & child custody services that preserve crucial parent-child relationships.

Protecting Children’s Interests in Custody Matters

Our goal in all child parenting custody cases is to serve the best interests of children whose parents are separating or divorcing, and preserve crucial parent-child relationships.

Understanding Mediation: Your First Step in Reconnecting with Your Child

At Shamac Lawyers, we know that many parents who are separated or divorced face challenges in reconnecting with their children. Before applying to the court for parenting orders, it’s important to understand that mediation is usually required to help resolve disputes.

Our recent blog, Reconnecting with Your Child After Separation: First Steps, Mediation, and Custody Options, explains the Family Dispute Resolution (FDR) process in detail and outlines the steps you need to take to pursue custody or parenting arrangements.

If you are unsure where to start, this blog will guide you through mediation, when exemptions apply, and how we can help you with private mediation services. Read more here.

Shamac Lawyers also assist with the following specific Family Law parenting issues:

Shamac Lawyers handle all parenting and custody matters, including consent orders, mediation, court representation, intervention orders, paternity, relocation, and variations of existing orders—always prioritising your rights and your child’s best interests.

Consent Orders

Consent Orders are legally binding agreements resolving disputes without needing a court hearing.

Court Appearances in Family Court

We represent clients in Family Court, ensuring strong advocacy and protection of their legal rights.

Divorce and Separation

We guide clients through divorce and separation, ensuring fair outcomes and protecting their interests.

Divorce mediation and settlement

We facilitate divorce mediation and settlement, helping couples resolve disputes amicably and cost-effectively.

Family Violence Intervention Orders

We assist in obtaining Family Violence Intervention Orders to ensure safety and legal protection.

DFFH and Child Protection Matters

We handle cases involving DFFH, advocating for clients in family welfare and child protection matters.

Paternity

We assist in resolving paternity matters, ensuring legal clarity and protecting parental rights.

Relocation

We handle relocation cases, protecting parental rights and ensuring the child’s best interests.

Third Parties

We address family law matters involving third parties, safeguarding your rights and interests.

Factors Considered in Children's & Parenting Matters

Parenting & Child Custody Services

As child custody lawyers, we help you navigate the Australian Family Law Act 1975, which prioritises children’s safety, meaningful relationships, and defines parental responsibility and parenting time.

Presumption Of Equal Shared Parental Responsibility

Parental responsibility means all of the duties, powers, responsibilities and authority that parents should ordinarily have in relation to their children. There is a presumption that parents have equal shared parental responsibility for their children. This presumption does not apply if there are reasonable grounds to believe that a parent of the child has engaged in abuse of the child or family violence. The presumption can be contested if the court is satisfied that shared parental responsibility would not be in the best interest of the child.When the parents of a child under the age of 18 separate, they both continue to share parental responsibility for the child in this way, until a Court orders otherwise.A court may decide it is in the best interests of the child to remove parental responsibility from one or both parents. A court can also decide to assign parental responsibility to a legal guardian.If you feel that the other parent cannot provide your child with the protection they require, and fulfil the responsibilities parents have in relation to bringing up their children, you should seek legal advice as soon as possible.

Parenting Time & Child Custody Services

In Australian family law, the term “child custody” is no longer used, and there are no fixed rules about how much time a child should spend with each parent after separation. The focus is on creating arrangements that meet the individual needs of the child while supporting ongoing relationships with both parents. Rather than relying on set schedules, parents are encouraged to work together to decide where the child will live and how time will be shared, ensuring their wellbeing and best interests remain the priority.

The Court’s Paramount Consideration

When making Parenting Orders, the court prioritises the child’s best interests—ensuring meaningful relationships with both parents while protecting them from harm. The court may also consider the child’s views, practical arrangements, and each parent’s commitment to their responsibilities

Is Mediation is Usually Required Before Taking a Family Matter to Court

If parents or guardians cannot agree to what is in the best interests of the children, the parties must usually attend Family Dispute Resolution (FDR). FDR is a form of mediation that focuses on assisting the separating parties to come to their own agreements and resolutions regarding what is best for both their child and their future.The parents or families in dispute must attend FDR under family law before any proceedings in court can be initiated. Cases that involve allegations of family violence, intervention orders, child abuse, or other extremely urgent matters are usually exempt from family dispute resolution.

Role of a “Child Custody” Lawyer in Children’s & Parenting Matters

Under the Family Law Act in Australia, the preferred terminology when working through the custody process is “Children’s & Parenting Matters” instead of “child custody arrangements”, and “spend time with, or “live with” rather than “child custody”. A “child custody” lawyer can assist parents in resolving disputes and making decisions regarding their children’s welfare and future.

Informal and Formal Agreements - Parenting Agreements & Orders

If you and your former partner agree on the future arrangements for your children, you do not have to go to court. You can make a parenting agreement or obtain ‘consent orders’ for parenting orders approved by a court.Parents can make informal agreements called parenting agreements or parenting plans as to the day-to-day arrangements for their children. They can be altered or revoked at any time by either party and are not legally binding.

Legally Binding Parenting Orders & Mediation Services

Parenting Orders, on the other hand, are orders of the court that provide for parenting arrangements and are legally binding. Anyone concerned with the care, welfare, or the development of the child can apply to have Parenting Orders made. Interim Parenting Orders are temporary arrangements put in place until the parties reach an agreement or proceed to a final trial. Final Parenting Orders are final arrangements put in place by the court and can only be altered in limited circumstances.Even if you don’t agree on everything, but you agree that you do not need to go to court, you can utilise Shamac Lawyers’ services for mediation and Family Dispute Resolution Mediation to assist you on fine-tuning your parenting and child custody arrangements.

Varying Parenting Arrangements

For an application to vary Parenting Orders to be successful, the applicant must be able to show a ‘significant change in circumstances’ from when the orders were made. This is so parents and children are not continually subjected to the court process to re-determine issues already dealt with previously.It is not enough that there has been a change in circumstances – for example, the children growing older. The change must be significant enough to convince the court to re-determine the issues. This area of law is often complex and will be unique for every family. It is recommended you seek legal advice first if you want to apply to the court to change Parenting Orders.

Enforcement of Parenting Orders

A Parenting Order is the same as any other court order. There are serious consequences for failing to comply. The court can penalize someone who breaches the order if they do not have a reasonable excuse for doing so.If parenting orders are just not working, parties can attend family dispute resolution (mediation) to try and reach a solution. If this is not appropriate in the circumstances, the court can make an order to change the existing order, make an order for costs, impose a fine, make an order to attend a parenting program, or even impose a jail term of up to twelve months.

Seeking Legal Advice

Following separation, many couples are able to come to an agreement between themselves about arrangements for the care of their children. However, often there can be disputes about these parenting arrangements. When parents cannot agree about arrangements for the care of their children, it is prudent to seek legal advice so that parents can reach a resolution that is practical and appropriate for them.

Start Your Melbourne Children & Parenting Lawyer Enquiry Today

We provide compassionate and practical legal advice for all children and parenting matters, including custody arrangements, parenting plans, and dispute resolution. Our goal is to protect your rights while prioritising your child’s best interests.