Child Custody Lawyers Sydney

The weeks after a separation are unsettling for children. Who they live with, which school they go to, when they see each parent, and how birthdays and holidays work all need answers, often before either parent feels ready.

The arrangements made in these early weeks tend to stick, so it is worth getting them right. You do not need to have everything worked out. You just need a sensible plan for now, and a clear idea of what a longer-term arrangement could look like.

Our role is to help you put your children's needs at the centre, protect your relationship with them, and, where it is safe, help both parents stay part of their lives.

The Family Law Act 1975 (Cth) does not use the word custody. It speaks of parental responsibility, the duties and authority parents have in relation to their children, and of parenting orders, which can deal with who a child lives with, the time they spend with each parent, how decisions are made, and how parents communicate.

Significant amendments took effect on 6 May 2024:

• No presumption of equal shared parental responsibility
  The court now decides how responsibility for major long-term issues (education, religion, health, name and significant changes to where a child lives) should be allocated, based on the child's best interests. It can be joint or allocated to one parent.
• No link between responsibility and equal time
  The old requirement to consider equal time, or "substantial and significant" time, whenever equal responsibility was ordered has gone.
• Simplified best-interests factors
  The court considers safety, the child's views, the child's needs, each carer's capacity, the benefit of relationships with parents and others where safe, and any other relevant matter.
• Changing final orders
  The long-standing rule that final orders should not be revisited without a significant change of circumstances is now written into the Act.

The child's best interests are the paramount consideration. Parents' preferences, and what feels fair between adults, are secondary to that.

Work and shift patterns
Rosters, travel for work and long hours all need arrangements that can flex without a fight every week.

School and activities
Who drops off, who picks up, who pays for what, and how decisions about school are made.

Moving house or travelling overseas
Moving a long way, or taking the children overseas, usually needs the other parent's agreement or a court order. Get advice before you book or sign anything.

Safety
Where there has been family violence or serious conflict, safety comes first. The court can make urgent orders, and mediation is not required. See family violence and AVOs.

Your children's views
Older children's wishes carry real weight. In court cases, a family consultant usually speaks with them.

We start by understanding your children: their ages, routines, schools, needs and relationships. We then give you a frank assessment of what arrangements a court would be likely to make, and why. That becomes the anchor for negotiation.

Most parenting matters resolve through family dispute resolution and are formalised in consent orders. We prepare you thoroughly for mediation, draft orders precisely enough to prevent the next dispute, and, where agreement is not possible, run the court case with the same care.

See also child support and our guide to parenting arrangements after the 2024 changes.