Protecting Your Child's Interests and Your Parental Rights
Ensuring appropriate parenting arrangements for your child or children is a crucial consideration if your marriage or de facto relationship has broken down or if your child’s safety is at risk.
It is vital to get professional legal representation to ensure the best interests of your child/children and to protect your rights as a parent during any custody disputes and when finalising any parenting arrangements.
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Understanding Child Custody Disputes and Parenting Matters
Child custody disputes arise when parents cannot agree on how to raise their child/children when they separate or divorce, or when a child’s safety is at risk. In these situations, you can formally apply to the Family Court for a parenting order. A parenting order legally outlines each parent’s rights and allocates responsibilities for raising a child that is deemed to be in the child’s best interests. Common issues addressed by parenting orders include:
- Which parent the child will live with.
- How much time the child will spend with each parent.
- How major life decisions will be made on behalf of the child, such as whether the child. can move interstate, school arrangements and medical care.
- How each parent will communicate with the other about the child.
- Any other relevant matters relating to the child’s welfare, care and development.
Alternatively, if you and your ex-partner can agree on parenting arrangements, you can either apply to the Family Court for a legal consent order to reflect those arrangements or create a written parenting plan agreement that is signed by both you and your ex-partner. A consent order legally formalises an agreed child custody or parenting arrangement. However, it is vital to understand that parenting plans are not legally enforceable, unlike both parenting orders and consent orders.
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Fixed fee packages give you total transparency on what to expect and how much it’s going to cost, with no hidden fees.
Experienced Family Lawyers
Get expert legal advice, support and representation from the best family lawyers trusted by over 8000 happy clients.
Our team provides you with legal clarity and a path forwards in a supportive and friendly atmosphere
Why Choose Savannah Legal
Our expert team at Savannah Legal provides compassionate and child-centred legal advice and support during child custody disputes and the negotiation of parenting arrangements. Our experienced and affordable child custody lawyers will provide you with professional advice and service based on your specific circumstances and needs.
Let us take care of your parenting arrangement law issues and lift the burden off your shoulders.
Free Consultation
A free 30-minute, no-obligation initial consultation to discuss your needs and provide you with legal advice.
Mediation Assistance
Assistance with mediation and the negotiation of consent orders or a parenting plan agreement with your ex-partner and his/her legal representative.
Family Law Court Representation
Representation in the Family Law Court to obtain parenting orders or consent orders.
Post Service Support
Post-custody, post-consent order or post-parenting plan support (including for breaches) and modifications if necessary.
The Legal Process
There are four main steps in the legal process for child custody and parent arrangements. It is crucial to get professional legal advice to help you navigate each step and protect your rights. It is important to always consider the best interests of your child/children during all steps, as the situations can be stressful for everyone involved if not managed carefully. Book a free consultNegotiating a Parenting Plan
Applying for a Consent Order
Family Dispute Resolution
Applying for a Parenting Order
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Our very simple process for protecting your parental rights
Deciding on the right parenting arrangements is never easy, but it can be a simple and affordable process with the right legal advice and representation. It all starts with a conversation where we will discuss your current situation and relationship confidentially. After some basic information, we’ll schedule an appointment with one of our family lawyers who is best suited for your situation. Book a free consultSchedule a Free Consultation
Follow-Up Call
Consultation with Family Lawyer
Legal Plan
Pricing packages we offer
Family Law Packages
Our mission is to help you achieve the best possible outcome with the right resources, experience and expertise.
Frequently Asked Questions
Judges in the Family Court consider each parent’s relationship with the child or children involved in the custody case and assess risk factors. Key factors in their decision-making process are the best interests of the child, as well as both the current and historical role that each parent has in each child’s life.
The best interest of the child has six considerations:
1) safety.
2) any views expressed by the child/children involved.
3) each child’s emotional, psychological, developmental and cultural needs.
4) each ex-partner’s parental capacity.
5) the benefits to the child of the relationship with each parent.
6) anything else that may be relevant to each child’s specific circumstances.
Joint custody is the most common child custody arrangement in Australia. This allows both parents to participate in a child’s care/custody and make major decisions involved in raising the child.
It is important to understand that joint custody does not imply shared or equal time with the child or equal parenting responsibilities. The child may still spend more or less time with one parent, and one parent may still have more or less parental responsibility than the other if it is in the child’s best interests.
Sole child custody is rarely granted by the Family Court. It would only be granted in extreme cases if it was in the child’s best interests (for example, if there was a risk of harm to the child).
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What Documents Should You Provide In A Family Law Matter?
Can I represent myself during a family law matter?
