Parenting Arrangements & Child Custody Lawyers Sydney
Parenting arrangements set out where children live, how much time they spend with each parent, and who makes major decisions about them. Australian law decides these on the child’s best interests, and there is no presumption of 50/50 time. Most parents agree through a parenting plan or consent orders; court is the last step.
Parenting arrangements can be the most critical and sensitive issues to be resolved following separation, and it is almost always preferable that both parties come to an agreement that is in the best interests of their children. The welfare of children in the context of a separation can depend on many factors, but the time they spend with each of their parents is a critical component to their wellbeing. If a child is prevented from spending time with one of their parents, this can be detrimental to their relationship with their parent, and consequently their wellbeing.
Factors such as where the child will live, holiday arrangements, school and extracurricular arrangements, and financial support must also be taken into consideration when creating parenting arrangements.
When coming to an agreement on parenting arrangements, it is important that you and your former partner resolve issues quickly and amicably. The team at Meredith Family Lawyers are knowledgeable, experienced and passionate, and they’re here to help you through disputes to get an outcome that works for your children.
Ways to formalise parenting arrangements
Parents can resolve issues relating to the care of the children between themselves, or with the assistance of a mediator. If both parties are satisfied with their mutual arrangement, this can be formalised by a parenting plan or consent orders. Minimal intervention will be required from lawyers if each of the parents abide by their agreement and are willing to be flexible as needed. They will only need to seek the help of a lawyer in the preparation of an application for consent orders.
When parents cannot reach an agreement for their parenting arrangements, legal steps might be required to progress the dispute towards resolution.
Our firm has been providing advice and representation on parenting disputes since it was established in 2007. Our approach is to explore every avenue open to each party in order to resolve parenting matters without commencing court proceedings, while being ready to do so if required.
What happens if we can’t agree on parenting?
It is possible that both parties may appear to be at an impasse on a particular issue when formulating parenting arrangements. At that stage it is important to take a step back and consider all issues on the table, whether you are prepared to compromise and to what extent, and carefully consider what would be the likely costs of litigation both in time and money.
If litigation is inevitable, Meredith Family Lawyers will prepare and press your application for parenting orders vigorously while always looking for opportunities to settle as the matter progresses. If the dispute proceeds to trial, your case will be carefully prepared and advocated by our principal David Meredith or by one of our preferred barristers, as required or preferred by our client.
Parenting disputes are costly not only in fees, but also in the personal and emotional toll our clients will inevitably experience if they are required to pursue their case through the court system. It is imperative that our clients are fully aware of the nature of child related proceedings in the Family Court before they give final instructions to proceed.
Common questions about parenting arrangements
Who gets custody of a child in Australia?
No parent gets custody automatically. The law uses “parenting orders”, which cover who the child lives with, spends time with, and who makes major long-term decisions. Parents can agree on this, or the court decides based on the child’s best interests, starting with the safety of the child and each carer. Both parents have parental responsibility unless a court order changes it.
How do I get parenting orders in NSW?
If you and the other parent agree, you can apply to the Federal Circuit and Family Court of Australia for consent orders without going to a hearing. If you can’t agree, you usually must try family dispute resolution first and get a section 60I certificate before applying to court. Exemptions apply in some cases, such as family violence or urgency.
Is a consent order the same as a parenting plan?
No. A parenting plan is a written, signed and dated agreement between parents, but it can’t be enforced by the court. Consent orders are approved by the court and are legally binding, so they can be enforced if someone doesn’t follow them. A parenting plan suits parents who cooperate well; consent orders give more certainty.
What rights does a father have in Australia?
The same as a mother. Both parents have parental responsibility for a child under 18, whether or not they were married, unless a court order says otherwise. The law focuses on the child: their safety and the benefit of a meaningful relationship with each parent. Either parent can apply for parenting orders, usually after trying family dispute resolution.
Can a father get full custody in Australia?
Yes, either parent can. The law doesn’t favour mothers or fathers. A court will order that a child lives mainly with one parent, or give one parent sole decision-making, only if that is in the child’s best interests, for example where there are safety concerns about the other parent. Where it is safe, children usually spend time with both parents.
How often do parents get 50/50 custody in Australia?
There is no presumption of 50/50 time. Since May 2024, the law no longer presumes equal shared parental responsibility, and every decision is based on the child’s best interests. Equal time is ordered only when it suits the child, which depends on things like the child’s age, safety, the distance between homes and how well the parents communicate.
What age can a child decide custody in Australia?
There is no set age at which a child decides. The court must consider the child’s views, and gives them more weight as the child gets older and more mature, so a teenager’s views usually count for a lot. Since May 2024, an Independent Children’s Lawyer, if one is appointed, must generally meet the child and give them a chance to express their views.
Who has custody of a child when the parents are not married?
Both parents do. Each parent has parental responsibility whether they were married, in a de facto relationship, or never lived together. Without an agreement or court order, neither parent has a stronger legal claim, which is why it helps to put arrangements in writing.
What custody split is best for kids?
There is no single best split. The right arrangement depends on the child’s age and needs, safety, the distance between homes, the child’s views and how well the parents communicate. Younger children often do better with shorter, more frequent time with each parent; older children may manage longer blocks, such as week-about.
How much does a parenting order cost?
If you agree, the court filing fee for consent orders is $215 from 1 July 2026, plus any legal costs for advice and drafting. Contested parenting cases cost much more because of mediation, court documents and hearings. At Meredith Family Lawyers, your first 15-minute phone consultation is free, so you can ask what your situation is likely to involve.
How much does a custody battle cost in Australia?
It depends on how far the dispute goes. If you agree, consent orders cost $215 to file, plus any legal costs. If you go to court, filing an application for final parenting orders costs $455 ($610 with interim orders), with further fees before a trial. Legal costs for a case that goes to a final hearing are usually far higher than the court fees, which is why most parents try mediation first.
Can a father terminate his parental rights in Australia?
Not by choice. A parent can’t sign away parental responsibility, and the duty to pay child support continues whether or not the parent sees the child. A court can change who holds parental responsibility through parenting orders, and an adoption order ends it, but only where that is in the child’s best interests.
Do grandparents, aunts or other relatives have rights in Australia?
Not automatically, but they can apply. Grandparents, aunts, uncles and anyone else concerned with a child’s care, welfare and development can ask the court for parenting orders. The court considers the benefit to the child of relationships with other people who are important to them. In most cases, the person must try family dispute resolution first.
Can you control who your co-parent allows around your child?
Usually not. During their time with the child, each parent generally decides who the child spends time with. If you have a genuine safety concern, such as violence or drug use, a parenting plan or court orders can include conditions, for example that a named person is not present. If a child is at risk, get legal advice quickly.
Can I get a child recovery order without a parenting order?
Yes. A parent can apply for a recovery order even if there are no parenting orders yet, usually together with an application for parenting orders. A recovery order directs that a child be returned, and can authorise police to find and recover the child. If a child has been taken or kept from you, get legal advice urgently.
