Australian Family Lawyers

Understanding child custody

What you need to know about Child Custody in Australia

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Working out child custody arrangements is often one of the most complicated and difficult parts of a divorce or separation. While you want the best outcome for your children, working with your ex-partner to agree on custody can be tough. Let us help you with family law support when you need it the most.

We fight for your child custody rights

Divorce or separation is tough on everyone. When you are ending a relationship we are here to provide straightforward and vital legal advice.

We know that the family legal system can be complicated, especially when you are working through the emotional impacts of your separation. Child custody and parenting arrangements are among the most emotionally charged matters, but as child custody lawyers, we’re here to protect your rights and ensure your children achieve an outcome that is in their best interests.

It is important to note that while child custody is a common term, this term is not specifically used in Family Law in Australia. Instead, ongoing care of children is discussed in terms of the child’s needs and parenting agreements.

How to get started with formalising parenting and child care arrangements

  1. When going through a separation, it is helpful to have a family lawyer on your side from the start. A family lawyer will assist you in identifying your rights and responsibilities in seeking custody, and can advocate for you throughout your separation. Contact AFL and let us help you get through this.

  2. Each party to a separation must participate in activities prior to seeking the input of the court, including attending a family dispute resolution conference. We can represent you at a family dispute conference to ensure your rights are protected.

  3. If you reach a decision on how to care for your child/ren at your conference, you can formalise this agreement through an informal parenting plan, or alternatively you can seek a formal court-ordered consent order.

  4. If you cannot agree on arrangements about your child/ren you can apply for a parenting order. This is a court-ordered direction for how children must be cared for after a separation. Once a court has made a parenting order, each person affected by the order must adhere to it.

  5. A parenting plan is not a court order, and while it outlines obligations there are no legal consequences for breaking it. Consent orders and a parenting orders are both court orders, which means that if one party breaks the outlined obligations the other party may take them to court. 

It is vital to seek legal advice when figuring out arrangements for care of child/ren in a separation. A lawyer will support and represent you so that you do not feel unsure about any of the steps you need to take.

Our simple process

  • 1

    Free consultation

    Contact our team to ascertain the family law process in a no-obligation, free phone appointment.

  • 2

    Strategy session

    At a discounted rate, we’ll arrange an initial consultation to discuss your situation and formulate a strategy for the rest of the process. We will also provide you with an estimate of future costs.

  • 3

    Dispute resolution

    When property and children’s arrangements are in dispute, we will work with you to negotiate a favourable solution in the most cost-effective way possible.

  • 4

    Assisted negotiation

    We will negotiate on your behalf with the other party seeking to resolve matters by negotiation or mediation thereby avoiding Court and a final hearing where possible.

  • 5

    Final settlement

    We will attempt to finalise matters by consent, failing which your matter could be finalised by way of mediation or a judge at a Court Hearing. We will guide you through each step in these processes.

Law Firm of the Year

We are proud to announce that we have been named as a finalist in the Australian Law Awards for Law Firm of the Year 2020, 2021, 2022, 2023 and 2025.

Award recipients represent a true cross-section of the legal industry, recognising the contributions of the profession’s most senior ranks through to its rising stars.

Do you have a question about family law or relationship law?

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