Child Custody
Protecting What Matters Most: Your Children
When you separate, your biggest worry is how your children will cope. You want to protect them, provide stability, and ensure their wellbeing is the number one priority. Navigating parenting arrangements can be the most emotionally challenging part of any separation.
Our lawyers provide calm, child-focused advice to help you create a practical parenting plan that works for your family. We are here to help you find a path forward that minimises conflict and protects your children.
Understanding Parenting Arrangements
In Australia, the law focuses on “parenting arrangements” that are in the “best interests of the child” rather than traditional terms like ‘custody’ or ‘access’. Our goal is to help you and your former partner create a stable, loving, and practical environment for your children.
Why Choose Irvine Lawyers for Your Parenting Matter
- A Child-First Approach: Advice guided by the best interests of the child to shield them from conflict.
- Focus on Out-of-Court Agreements: Skilled negotiators who prioritise mediation to reach workable agreements.
- Calm & Practical Advice: Clear, practical solutions in plain English for arrangements covering school, holidays, and special occasions.
- Experienced Court Advocates: If litigation is necessary, we represent you strongly in the Federal Circuit and Family Court.
Parenting Arrangements: What It Covers
- Live-With & Spend-Time Arrangements (Custody): Agree on where children live and the schedule for school terms, holidays, and special occasions.
- Parental Responsibility (Decision-Making): Decide who makes long-term decisions about education, health, and cultural/religious upbringing.
- Family Dispute Resolution (Mediation): Guidance and legal advice to prepare for mediation before applying for court orders.
- Parenting Plans vs. Consent Orders: Parenting Plans are flexible agreements; Consent Orders are legally binding and enforceable.
How It Works: Our Child-Focused Process
- Confidential Consult: Free 30-minute chat to understand your concerns and provide initial advice.
- Strategic Parenting Advice: Clear strategy focused on the child’s best interests and realistic outcomes.
- Family Dispute Resolution (Mediation): Prepare for mediation to reach a child-focused agreement with your ex-partner.
- Formalising Your Agreement: Draft a Parenting Plan or Consent Orders to make the agreement legally binding.
- Court (If Agreement Isn’t Possible): Prepare and file necessary court documents, represent you at hearings, and advocate for outcomes in the child’s best interests.
Pricing & Transparency
We provide clear cost estimates upfront and keep you informed throughout. Your first 30-minute consultation is always free.
Common Situations We Handle
- Negotiating a first parenting plan after separation.
- Responding to a court application for parenting arrangements.
- Making informal agreements legally binding with Consent Orders.
- Advising on child custody laws in Australia.
- Planning school holiday schedules and special arrangements.
- Handling relocation disputes and complex parenting issues.
- Advising grandparents on time with grandchildren.
Meet Our Team
Our family law team provides empathetic, child-focused guidance. We support families in Warrnambool, South Morang, and Melbourne through sensitive and important parenting matters.
Service Areas & Contact
From our offices in Warrnambool and South Morang, we provide advice on parenting arrangements across greater Melbourne and regional Victoria.
Call us on (03) 9422 5439 for South Morang or (03) 5562 9196 for Warrnambool, or Book your free 30-minute case assessment online.
FAQs: Parenting Arrangements in Victoria
What is the “best interests of the child”?
The Court considers meaningful relationships with both parents and protection from harm. Safety and wellbeing are the priority.
What is the difference between a Parenting Plan and a Consent Order?
A Parenting Plan is flexible and informal; a Consent Order is court-approved and legally binding.
Do I have to go to court for “custody”?
No. Most matters are resolved through Family Dispute Resolution (mediation) before court application.
Does “equal shared parental responsibility” mean 50/50 care?
No. It refers to joint decision-making, not equal time. Care schedules are based on the child’s best interests.
At what age can a child decide who they live with?
The Court considers the child’s views according to maturity. Older children (e.g., 16 years) have more influence than younger children.