Nothing is more frightening than not knowing how much time you will have with your children. The fear of being shut out — of your ex making decisions unilaterally, of your children growing up without you present — drives more urgent calls to family lawyers in Melbourne than any other issue. If that fear is yours, you are not alone. And there are concrete legal steps that protect your relationship with your children and give everyone — especially your children — the certainty and stability they need.
Under the Family Law Act 1975 (Cth), all decisions about children — whether made by parents or courts — must be guided by the best interests of the child. This is not a vague standard. Courts consider a defined list of factors: the benefit of having a meaningful relationship with both parents; the need to protect children from harm or family violence; the child's own views (with weight according to age and maturity); each parent's ability to meet the child's developmental, emotional and cultural needs; and the willingness of each parent to facilitate the other's relationship with the children.
Parenting arrangements can take three forms: an informal agreement between parents (no legal force); a parenting plan — a written, signed agreement that is not enforceable by a court; or consent orders approved by the Federal Circuit and Family Court of Australia, which are legally binding and enforceable. Where agreement cannot be reached, either parent may apply to court for parenting orders.
Before filing for parenting orders, most parents must attempt family dispute resolution (FDR) — a structured mediation process — and obtain a Section 60I certificate. Exceptions apply where there is family violence, urgency or safety concerns. This is general information only and is not legal advice.
Most parents must attempt FDR before applying to court. A Section 60I certificate is required. We prepare you thoroughly — advising on your legal position and what is realistic to agree to before you enter the room.
If agreement is reached, we formalise it correctly — as a parenting plan (lower enforceability, simpler) or consent orders (court-approved, fully enforceable). The right choice depends on your circumstances and risk level.
If FDR fails or is not required, an application is filed with the Federal Circuit and Family Court. Interim orders can be sought urgently where there are safety concerns or urgent parenting disputes.
After conciliation conferences, a family report (in complex cases) and hearings, the court makes final parenting orders. Orders can be varied later if circumstances change significantly.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We prepare you for family dispute resolution so you enter mediation knowing your legal position, understanding what is realistic, and clear on what you can — and cannot — agree to.
Vague orders create future conflict. We draft parenting arrangements that are specific, practical and child-focused — covering time, decision-making, handover, holidays and communication.
When a parent wants to relocate, change a child's name, or when there is an urgent safety concern, we act promptly — including applying for urgent interim orders where needed.
Where family violence is a factor, parenting proceedings and intervention order applications interact in complex ways. We advise across both — ensuring your parenting strategy does not undermine your safety, or vice versa.
Courts apply the best interests of the child test, considering the benefit of a meaningful relationship with both parents, protection from harm, the child's own views (with weight according to age), each parent's capacity to meet the child's needs, and each parent's willingness to support the other's relationship with the children. There is no presumption of equal time. This is general information only.
If there are no court orders, seek legal advice urgently — you may be able to apply for interim orders. If existing orders are being breached, the court takes contravention seriously and remedies include make-up time, variation of orders, and penalties. We can advise on the fastest path to re-establishing your time with your children. This is general information only.
Generally yes. Most parents must attempt FDR and obtain a Section 60I certificate before filing for parenting orders. Exceptions apply where there is family violence, urgency, or risk of harm to the child. This is general information only.
A Section 60I certificate is issued by an accredited FDR practitioner confirming that FDR was attended (or that an exception applies). There are different certificate types depending on the outcome. All types allow a court application to proceed. This is general information only.
There is no set age at which a child's preference is determinative. Courts give increasing weight to children's views as they mature — a teenager's clear preference carries significant weight — but the court always decides based on the child's best interests as a whole, not simply their preference. This is general information only.
Relocation without consent or a court order can be a serious breach of parenting arrangements. If relocation is proposed, you can apply urgently to court to prevent it or to have the issue determined. If no orders are in place, seek advice immediately — the earlier you act, the more options you have. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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