Custody, Parenting Arrangements & Plans
Separating can cause confusion about parenting arrangements. Contact the experienced family law team at Pearsons Family Lawyers for a free first appointment, so you know where you stand.
Book Your Free First Appointment
Free Initial Consultation
Meet with one of our family lawyers at no cost to talk through where the children will live, the time they spend with each parent, and your options for reaching agreement.
Accredited Family Law Specialists
Our team is led by Accredited Family Law Specialists who negotiate parenting plans and consent orders, and represent you in court if agreement is not possible.
Decades of Family Law Experience
Over many years we have helped Melbourne parents put workable parenting arrangements in place, always focused on what is best for the children.
Expert Child Custody Lawyers
Put a Parenting Arrangement in Place That Works for Your Children
Dealing with parenting matters requires a depth of legal experience and great sensitivity. The outcomes can have implications for generations.
Need advice about parenting arrangements? Call 1300 699 688 today.
How We Help
Our Parenting and Custody Services
Key legal areas include:
- Custody/live with arrangements;
- Parenting arrangements and time spent with the child;
- Grandparent rights;
- Alterations to existing Court Orders;
- Interstate and overseas travel protocols;
- Advice on mediation and alternate dispute resolution options;
- Parenting plans;
- Consent Orders;
- Recovery of children;
- Relocation of children;
- Parental Responsibility issues such as:
- school selection;
- choice of religious sacraments including baptisms, confirmations and communions; and
- medical procedures.
Child Custody
Parenting Arrangements & Plans
There are a number of ways separating parents and others having an interest in children can negotiate the future parenting of the children. Often parties will negotiate matters themselves deciding who the children should live with and what time the other parent should spend with them.
It may be a good idea to organise a routine for the children so that everybody knows where they stand in relation to extracurricular activities, schooling arrangements and their own private and personal plans.
Arrangements can remain flexible. Alternatively, some couples choose to formalise their arrangements either by way of Court Orders or a parenting plan. A parenting plan is not enforceable. Other parents choose to have the formality of sealed Court Orders which are enforceable.
Parties are usually assisted by attending a mediation session to discuss any outstanding issues that may arise between them when making plans for the care of the children. Our team of Family Lawyers can provide you with all the necessary information you need to participate effectively in and make the most of the mediation process.
The focus should always be what is in the best interests of the children taking into account their welfare, care and development so that they can live their best lives possible despite the separation of their parents.
"We understand how nerve-racking it is for a client to first approach a legal firm after a separation. However, our experience is that they feel an incredible sense of relief after offloading their problems and they appreciate that someone else will now look after their issues."
Child Custody
Custody & Living Arrangements
The terminology “custody and living arrangements” is often used to describe where children will live and what time they spend with the other parent.
Unless a court orders otherwise, each parent has parental responsibility for their children. Since 6 May 2024 there is no longer a presumption of equal shared parental responsibility. A court can order parents to make decisions jointly about major long-term issues, such as the children’s health, religion and education, where that is in the children’s best interests.
Where parents share decision-making, they need to consult each other about major long-term issues, such as where the children will live, what school they will attend, medical procedures and any psychologists or mental health care treatment they receive as well as any other matters relating to their significant care and welfare.
As to the day-to-day arrangements parties usually formulate a plan between themselves as to what meets the children’s best interests. However, if they cannot agree they can arrange for assistance through a mediation centre or a lawyer.
Pearsons Lawyers can help you navigate the various options available regarding the care of children by providing advice as to what routines would be possible and realistic in the eyes of the Federal Circuit and Family Court of Australia.
Pearsons Lawyers can also point you in the right direction as to how to obtain assistance in the event that you are unable to negotiate a solution either through mediation or the Court.
Know Where You Stand
Book Your Free 30 Minute Appointment
During your free appointment with one of our experienced lawyers, we will:
- Discuss your circumstances and concerns.
- Answer any questions about the legal process.
- Explain your options and potential pathways.
- Provide information about your legal rights, obligations and entitlements.
- Outline the likely costs and timeframes involved.
Call our office or fill in the contact form to book your free appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)
Book Your Free First Appointment
Know Where You Stand
Frequently Asked Questions
Do I need to formalise parenting arrangements?
When separating, parties often have disputes about parenting matters. Often they are able to resolve these disputes by way of direct discussions and negotiations between them, with the assistance of mediation or by negotiating parenting matters through their lawyers.
At Pearsons Lawyers we can provide you with options and advice about parenting matters.
Parties can enter into a Parenting Plan which is a document usually prepared at mediation setting out the agreement reached. A Parenting Plan is not an enforceable court order and is simply an agreement in writing which reflects the intentions of the parties as to how they will parent the children in the future. However, if a party to a Parenting Plan does not comply with its terms then the Parenting Plan can be shown to a Court to evidence the agreement that was in existence between the parties at that point in time.
The best option is to have formal Orders made by consent detailing the parenting arrangements for the children including who has parental responsibility, who the children are to live with, what time they are to spend with the other parent and other matters relating to their relationship with each parent such as involvement in their education and health.
Parenting orders do not deal with child support. That is usually assessed by Services Australia or set out in a private child support agreement.
To avoid misunderstandings and disputes about parenting matters, it is highly recommended that formal Orders be made in relation to children.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Who is responsible for the financial support of the children?
Both parents are responsible for supporting their children financially. Under the Child Support (Assessment) Act 1989, child support is usually handled by Services Australia.
At Pearsons Lawyers we can help you in using the Services Australia child support estimator to obtain an idea as to the likely amount of child support that is to be paid.
Either parent, or a non-parent carer with at least 35% care, can apply to Services Australia for an administrative assessment of child support. They would then either elect to collect the child support themselves or alternatively ask Services Australia to collect the child support on their behalf. These matters are all achieved administratively.
At Pearsons Lawyers we will advise you about your child support rights or obligations and guide you in achieving a good outcome for the financial support of the children including the possibility of entering into a private contract known as a Binding Child Support Agreement providing for the financial support and maintenance of the children including matters such as private education, health insurance and extracurricular activities.
Sometimes there is a need for urgent financial support in which event Pearsons Lawyers can help you apply to the Court to seek immediate financial support.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Can I negotiate my own parenting arrangements?
Parents of children are in the best position to understand and negotiate parenting matters concerning their children.
Other than in exceptional circumstances, the law requires parents to attempt family dispute resolution (mediation) with an accredited family dispute resolution practitioner before applying to the court for parenting orders. If the parents reach agreement, it is often recorded in a Parenting Plan. Parents can then take the Parenting Plan to their lawyers and obtain legal advice including as to whether it is prudent to have the Parenting Plan converted into formal and enforceable Court Orders.
If the parents are unable to reach agreement through the mediation process, the practitioner can issue a section 60I certificate, which records that they attended and could not reach agreement, or that mediation was not appropriate. The parents can then file the section 60I certificate when they commence Court proceedings as evidence that they have tried mediation.
It is always beneficial and prudent to obtain family law advice from Pearsons Lawyers as to the options available to you. We will guide you through the mediation/Court processes.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How does child support work?
The Child Support Scheme was created under the Child Support (Assessment) Act 1989 and is administered by Services Australia.
Either parent, or a non-parent carer with at least 35% care, can apply to Services Australia for an administrative assessment of child support.
Services Australia uses a formula taking into account the number of children, the ages of the children, who the children live with, the number of nights that the children spend with each parent and the incomes of both parents as reported to the tax office to calculate an amount of child support that is payable for the children.
The parent entitled to child support can “opt in” which means they can ask Services Australia to collect child support on their behalf. Alternatively, they can choose not to “opt in” and make private arrangements for payment/collection of child support.
If arrears of Child Support build up Services Australia can intercept tax refunds and/or pursue the liable parent for payment of any arrears. Arrears of child support are considered a debt to the Commonwealth Government. Arrears can attract late payment penalties and may result in enforcement action by Services Australia or by the parent who is owed the money.
If a party is aggrieved by an administrative assessment of Child Support they can lodge an objection with Services Australia, which is reviewed by a Child Support Objections Officer. If still dissatisfied, they can ask the Administrative Review Tribunal (ART) to review the objection decision. On a question of law, an appeal can be made to the Federal Circuit and Family Court of Australia.
Pearsons Lawyers can help clients negotiating matters concerning the financial support of their children and, where appropriate, negotiating and entering into Binding Child Support Agreements so as to provide financial certainty to the parents and children in relation to the financial support of children moving forward including for educational costs, private health insurance and out of pocket medical and other health care expenses.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How do we decide who gets the children?
After separation a dispute often arises as to the living arrangements, supervision and care of the children. This can be a very traumatic and difficult time for all concerned.
Parents may obtain separate and independent legal advice and can engage Pearsons Lawyers to negotiate a parenting agreement.
Pearsons Lawyers can also assist parties in engaging the services of a mediator or a mediation service to assist them to discuss parenting matters.
If agreement can be reached through lawyers we can formalise a parenting plan into formal Court Orders.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
What happens if we cannot agree on parenting arrangements?
If parenting arrangements cannot be agreed through negotiations or mediation Court proceedings may become necessary.
It is only in exceptional cases that the Court becomes involved without the parties attending mediation.
Once the parties have exhausted mediation, if they cannot reach agreement the family dispute resolution practitioner can issue what is known as a section 60I certificate which records that the parties attended but could not agree, or that mediation was not appropriate. This is the document that is filed with the Court which enables the parties to ask the Court for help.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
What is the Court process?
To commence the Court process documents need to be prepared and filed detailing what Orders are sought and providing evidence as to why those Orders are appropriate.
If the matter proceeds through the entire Court process there are a number of stages.
Unless the matter is urgent, the first court event is usually held one to two months after the documents are filed. After documents are filed and served the other party will have the right to file responding material detailing the orders that they seek and why they seek them.
If there is extreme urgency requiring urgent Orders such as recovery orders or orders about relocation these can be dealt with either ex parte or in a matter of days.
At the first court event, a Judicial Registrar makes procedural orders to prepare the case, and can make “interim parenting orders” if the parties agree. Contested urgent or interim applications are heard by a judge. Procedural orders may include attending a Court Child Expert for a Child Impact Report, which the court considers at the next hearing.
As the case progresses, the court may order a full family report from a family consultant, make further parenting orders as appropriate and prepare the matter for a final hearing (trial).
From the commencement of the proceedings until the Trial of the proceedings could take anywhere between 1 to 2 years or even more depending upon delays within the Court system, any difficulties encountered with the particular matter and the like.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
What does the Court take into account in deciding who the children live with?
The child’s best interests are the paramount consideration. Since May 2024 the court considers six general factors: what arrangements best promote the safety of the child and their carers, including from family violence, abuse or neglect; any views the child expresses; the child’s developmental, psychological, emotional and cultural needs; each carer’s capacity to meet those needs; the benefit of a relationship with each parent and other significant people, where it is safe; and anything else relevant. For Aboriginal and Torres Strait Islander children, the court also considers their right to enjoy their culture. In practice, the court also looks at the history of the care arrangements for the children during the relationship, what care arrangements were in place after the parties separated, any other issues or concerns including mental health issues, drug addiction or alcohol abuse, violence and domestic abuse and any other matters which may impact upon the safety and welfare of the children.
Ultimately the Court is only concerned about the welfare of the children and it is required to make orders which are in their best interests regardless of the demands, wants and needs of the parents.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How long does it usually take to reach a parenting agreement?
In the best case scenario where parents are able to communicate and cooperate with the assistance of lawyers and/or mediators are able to reach agreement the agreement can be documented and approved within a matter of months.
In the worst case scenario people can “lock horns” and be involved in litigation for many years particularly where children are young.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
When are a child’s views taken into account?
The court must consider any views a child expresses, but how much weight they carry depends on the child’s age and maturity. A young child’s views may be given little weight, particularly if they may have been influenced by a parent.
As children get older and more mature, their views are given greater weight.
Essentially once children become young teenagers their views are given more weight, as in practice they can “vote with their feet”.
A child’s views are usually brought to the court’s attention through a family consultant or Court Child Expert, who prepares a report setting out the child’s views and giving some insight into how much weight they should be given. An Independent Children’s Lawyer, if appointed, can also make sure the court hears them.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Do I need a lawyer to reach a custody arrangement?
It is not mandatory to engage a lawyer to help you negotiate parenting arrangements. Pearsons Lawyers can use their skills and knowledge to:
- Help guide you through the process;
- Consider matters which you may not have thought of such as having access to your children’s medical/school documents in the event that there is an Intervention Order in place, etc.; and
- Properly document any agreement reached and have formal, enforceable Orders made by the Court.
In the absence of an agreement Pearsons Lawyers can ensure that the proper documents are prepared with the relevant evidence to enable the Court to make a decision which is in the best interests of the children and to guide you through the process which would otherwise be extremely difficult and confusing.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
What does it cost to negotiate and formalise parenting arrangements?
If parents can readily reach agreement and formalise that agreement by way of Consent Orders costs can be limited. The cost will vary depending upon the time and effort required by Pearsons Lawyers. Most lawyers charge an hourly rate which varies depending on the level of expertise, skill and knowledge of the individual lawyer required for your particular case.
If agreement cannot be reached litigation becomes necessary, the cost could escalate. For example, private family reports and psychiatric reports of the parents are expensive.
In some cases a Court appoints an independent lawyer to represent the children, known as an Independent Children’s Lawyer (“ICL”).
The ICL becomes a party in the proceedings. They gather information and documents such as subpoenas to Police, schools, doctors and paediatricians, Child Protection and the like to ensure that all the necessary documents and information required by the Court are available to the Court to enable it to make decisions which are in the best interests of the children.
The cost of any case depends on the complexity of the issues and of the parties. At your first appointment Pearsons Lawyers will provide you with an estimate of your costs applicable to the various stages of your matter and to its conclusion.
To arrange your free first appointment with a family lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.