About Child Custody
Our team of lawyers practicing exclusively in family law can help.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- OUR PROCESS
- THE LAW
- IF PARENTS AGREE
- IF PARENTS DISAGREE
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
Child custody usually refers to the care of the children the parties have during their marriage or de facto relationship. When two parties are in a relationship (marriage or Defacto) and have children together (adoptive or biological), they are automatically assumed to have the custody of the child together. However, when a couple separates, both parties may not agree on the living arrangements of the child/children.
The Law
In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.
In Plain English
When considering what is in the best interests of the children, the court is to have regard to the primary considerations and additional considerations. The primary considerations are:-
- To facilitate a meaningful relationship between the children and both of their parents; and
- To protect the children from harm.
These primary considerations often overlap and the court has to weigh up competing proposals. Ultimately, when faced with competing proposals from parents, decisions are made by the court with regard to what is in the best interests of the children
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
The Family Court encourages families in dispute to reach agreement about the care arrangements for their children. Reaching a settlement out of court saves you and your family considerable time, stress and money.If you and your spouse have reached an agreement about the custody of the children, you and your spouse may enter into a Parenting Plan or apply to the Court for a Consent Order.
Parenting Plan
Parenting Plans are written agreements between the parties setting out parenting arrangements for children:
- They do not need to be approved by the Court.
- They are not legally binding.
- They can be changed by agreeing to a new Parenting Plan
Consent Order
Consent Orders are a written agreement between the parties that is approved by the Court and has the same effect as a Court Order:
- They need to be submitted to the Court for approval
- They are legally binding.
- In most cases they cannot be changed without making an application to the Court.
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
When you and your spouse cannot agree as to the care arrangements for the children, both parties are ordered to undergo "pre-action procedures”. This includes participation in Family Dispute Resolution (FDR) with your spouse. A court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the court. Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency.
Compulsory family disute resolution
Compulsory Family Dispute Resolution (FDR) is a process separating families must undergo before they can make an application to the Court. It gives you an opportunity to resolve your dispute without having to pay for an expensive trial.
Dispute resolution services come in many forms, including services like:
- family counselling;
- negotiation; or
- conciliation.
You can choose the type of dispute resolution that best suits your situation. Remember to make sure that your dispute resolution provider is a registered Family Dispute Resolution Practitioner. If you participate in dispute resolution with a practitioner who is not registered, you will not get a certificate and may not be able to apply to the Court without more dispute resolution.
Applying for parenting orders
Parenting orders are legally binding arrangements which cover the following:
- The person with whom the child lives – with whom the child lives, including any shared arrangements.
- The times that a child may spend with - with a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
- Child maintenance – for children not covered by the Child Support (Assessment) Act. If you are unsure contact the Child Support Agency.
- Any other aspect of parental responsibility. This may include the day-to-day care, welfare and development of a child, religion, education and sport.
The decision of the above is made through a court hearing. The court bases its decision on what is in the best interest of the child.
Equal shared responsibility
When the Court makes a parenting order in relation to a child, the Court presumes that it is in the best interests of the child for the parents to have equal shared parental responsibility for the child.
Parental responsibility includes making all the major decisions affecting the children e.g. what school they should attend, what medical treatment they should receive etc.
In the absence of parenting orders, parties are deemed to have equal shared parental responsibility and therefore have a duty to consult with each other in relation to these issues and attempt to jointly reach a decision that is in the best interests of the children. In some cases there are exceptions that override equal shared parental responsibility (e.g. in cases of child abuse and family violence).
Parenting arrangements including equal time
Where parities have equal shared parental responsibility, the court must consider whether equal time is in the best interests of the children and reasonably practicable in the circumstances.
- If an order for equal time is not made, the court must have regard to what is known as substantial and significant time e.g. 4-6 nights per fortnight.
- If an order for substantial and significant time is not made, then the Court must look at what other arrangement is in the best interests of the children and reasonably practicable.
Orders for equal time are not always appropriate, such as in cases involving babies. Age appropriate orders that gradually increase time recognise the social science factors that are ultimately in the bests interests of the child.
Age development theory suggests:
- Babies have a primary carer (usually one parent) and should spend frequent short periods of time with the other parent;
- At about two years of age children can tolerate up to only one night away, two times a week (not in succession) from the primary carer;
- At school age (about five), this can increase to equal time, 3-4 nights on and 3-4 nights off with parents; and
- At about ten, the time apart from the parents can increase to week about arrangements.
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
THE LAW
The Law
In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.
In Plain English
When considering what is in the best interests of the children, the court is to have regard to the primary considerations and additional considerations. The primary considerations are:-
- To facilitate a meaningful relationship between the children and both of their parents; and
- To protect the children from harm.
These primary considerations often overlap and the court has to weigh up competing proposals. Ultimately, when faced with competing proposals from parents, decisions are made by the court with regard to what is in the best interests of the children
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
IF PARENTS AGREE
The Family Court encourages families in dispute to reach agreement about the care arrangements for their children. Reaching a settlement out of court saves you and your family considerable time, stress and money. If you and your spouse have reached an agreement about the custody of the children, you and your spouse may enter into a Parenting Plan or apply to the Court for a Consent Order.
Parenting Plan
Parenting Plans are written agreements between the parties setting out parenting arrangements for children:
- They do not need to be approved by the Court.
- They are not legally binding.
- They can be changed by agreeing to a new Parenting Plan
Consent Order
Consent Orders are a written agreement between the parties that is approved by the Court and has the same effect as a Court Order:
- They need to be submitted to the Court for approval
- They are legally binding.
- In most cases they cannot be changed without making an application to the Court.
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
IF PARENTS DISAGREE
When you and your spouse cannot agree as to the care arrangements for the children, both parties are ordered to undergo "pre-action procedures”. This includes participation in Family Dispute Resolution (FDR) with your spouse.
A court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the court. Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency.
Compulsory family disute resolution
Compulsory Family Dispute Resolution (FDR) is a process separating families must undergo before they can make an application to the Court. It gives you an opportunity to resolve your dispute without having to pay for an expensive trial.
Dispute resolution services come in many forms, including services like:
- family counselling;
- negotiation; or
- conciliation.
You can choose the type of dispute resolution that best suits your situation. Remember to make sure that your dispute resolution provider is a registered Family Dispute Resolution Practitioner. If you participate in dispute resolution with a practitioner who is not registered, you will not get a certificate and may not be able to apply to the Court without more dispute resolution.
Applying for parenting orders
Parenting orders are legally binding arrangements which cover the following:
- The person with whom the child lives – with whom the child lives, including any shared arrangements.
- The times that a child may spend with - with a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
- Child maintenance – for children not covered by the Child Support (Assessment) Act. If you are unsure contact the Child Support Agency.
- Any other aspect of parental responsibility. This may include the day-to-day care, welfare and development of a child, religion, education and sport.
The decision of the above is made through a court hearing. The court bases its decision on what is in the best interest of the child.
Equal shared responsibility
When the Court makes a parenting order in relation to a child, the Court presumes that it is in the best interests of the child for the parents to have equal shared parental responsibility for the child.
Parental responsibility includes making all the major decisions affecting the children e.g. what school they should attend, what medical treatment they should receive etc.
In the absence of parenting orders, parties are deemed to have equal shared parental responsibility and therefore have a duty to consult with each other in relation to these issues and attempt to jointly reach a decision that is in the best interests of the children. In some cases there are exceptions that override equal shared parental responsibility (e.g. in cases of child abuse and family violence).
Parenting arrangements including equal time
Where parities have equal shared parental responsibility, the court must consider whether equal time is in the best interests of the children and reasonably practicable in the circumstances.
- If an order for equal time is not made, the court must have regard to what is known as substantial and significant time e.g. 4-6 nights per fortnight.
- If an order for substantial and significant time is not made, then the Court must look at what other arrangement is in the best interests of the children and reasonably practicable.
Orders for equal time are not always appropriate, such as in cases involving babies. Age appropriate orders that gradually increase time recognise the social science factors that are ultimately in the bests interests of the child.
Age development theory suggests:
- Babies have a primary carer (usually one parent) and should spend frequent short periods of time with the other parent;
- At about two years of age children can tolerate up to only one night away, two times a week (not in succession) from the primary carer;
- At school age (about five), this can increase to equal time, 3-4 nights on and 3-4 nights off with parents; and
- At about ten, the time apart from the parents can increase to week about arrangements.
Custody arrangements completed properly.
Avoid common mistakes or confusing legal processes and get things done by a professional family lawyer.
Lawyers with child custody experience
Meet with lawyers who have successfully gained custody for their clients.
- Past Cases
- Good Results
- Happy Clients
Common Child Custody Questions
When considering arrangements for your children you will have lots of questions.
Some of the most popular ones past clients ask are listed below.
What should I know about parental responsibility?
Parental responsibility includes making all the major decisions affecting the children e.g. what school they should attend, what medical treatment they should receive etc.
What is equal shared parental responsibility?
Parties are deemed to have equal shared parental responsibility and therefore have a duty to consult with each other in relation to various issues and attempt to jointly reach a decision that is in the best interests of the children.
What is sole parental responsibility?
Although it is deemed that parties have equal shared parental responsibility, in some cases there are exceptions that override equal shared parental responsibility for example in cases of child abuse and family violence. In these circumstances the Court may order that one party has sole parental responsibility and solely makes the decisions for the child without the consultation of the other.
Who must attend court?
If parties have reached an agreement and have filed consent orders, neither party is required to attend. If there is no agreement and application has been made with the Family Court, then both parties are required to attend.
Does equal shared parental responsibility mean both parents spend equal time with their children?
No, equal shared parental responsibility makes reference to the important life decisions of the child. It does not refer to how much time each parent spends with the child.
What happens if the court makes an order for equal shared parental responsibility?
If you do not follow your parenting orders the other parent might file a contravention or enforcement application with the court saying that you have breached or broken the parenting orders.
Our Lawyer’s Results
Get the best possible outcome with our team.
Some recent outcomes are below.
Outstanding Trial Result – Perth Man
After trial in the Family Court of WA, Perth man who was a 66 year old man retained an overall percentage division of 90%. His former wife, a 44 year old woman retained 10%. This was a short marriage with no children of the marriage. There were few non-financial contributions, if any. Perth man made the overwhelming financial contributions in this marriage, both initially and during the marriage.
Negotiation Master Class – Perth Woman
After negotiations and an informal conference, a 49 year old woman, obtained her desired outcome from a 7 year defacto relationship with a 48 year old man. She made the majority of the homemaker and nonfinancial contributions throughout the relationship, and there were no children. Legal costs were kept to a minimum throughout these negotiations.
Agreement Made – Perth Woman
After negotiations, the parties reached an agreement and Perth man, a 56 year old women retained 71% of the asset pool. Perth man was married to the husband, a 49 year old man, for 29 years. There were 2 children of the marriage, both over 18 years. Perth man had severe health issues which impacted on her ability to work and the husband was on a high income.
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