“Custody” is the word everyone uses, but Australian law talks about parental responsibility and about where a child lives and spends time. That matters, because it reframes the question from who wins to what works for the child. Most parenting arrangements are settled between the parents and then made binding — which is faster, cheaper and considerably less damaging than litigating.
Part of our Family law practice.
Often less than it feels like. We separate the issues that need deciding from the ones that need a conversation.
Mediation and family dispute resolution resolve most parenting matters, and an agreement reached is one both parents are far more likely to follow.
Consent orders turn an agreement into something enforceable. Where agreement is not possible, we apply for parenting orders.
No. There is no presumption in favour of either parent. Decisions are made on what is in the best interests of the child, and both parents start from the same place.
Usually not. Most parenting matters are resolved through family dispute resolution and then formalised by consent orders. Court is what happens when that fails or where there are safety concerns.
Yes, by agreement or by application where circumstances have genuinely changed. What you should not do is simply stop complying with existing orders.
General information only — for advice about your situation, book a consult or call us.
Speak with a family lawyer across Victoria — book online, or call us.
