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Parenting & Custody Arrangement Lawyers

We can help you to navigate the complexities of co-parenting, visitation and access rights within child-custody laws in Australia.
Navigating the challenges of parenting and custody arrangements post-separation or divorce can be an emotionally charged journey. We focus on achieving outcomes that best support the interests and future of your children while respecting your rights and wishes as a parent.

Understanding parenting and custody

Parenting arrangements to be decided after a separation includes broad spectrum of decisions including who the child lives with, when and how frequently they spend time with the other parent or important caregivers, selecting schools or managing medical matters for the child and many other aspects of their welfare and development. These arrangements should be tailored to meet the unique needs of your family and your child’s best interests.

Custody—referred to as ‘live with’ or ‘resident parent’—identifies with whom the child will mainly live with. Sometimes the child may live in a shared care arrangement with each of their parents.

Telling your children

The breakdown of the family unit is one of the most significant and impactful events that can occur during childhood. It’s essential when talking to your children about the separation to keep information limited, age-appropriate and avoid blaming language. Ensure your child knows that they are loved, that they will not be pressured to make choices about their future living arrangements if they don’t want to, and that the change to their family is not their fault. Make sure that children have access to counselling or other support services to help them with emotions arising from the shift in their family structure and relationships – and that you do too!

Making arrangements

The ideal scenario for deciding upon care of children after a separation is for the parents to amicably agree upon parenting and custody arrangements. Agreements can be reached with guidance and support from professionals including family lawyers, psychologists/counsellors and dispute resolution practitioners. These agreements can be legally recorded in a parenting plan or consent order, to provide clarity and enforceability. When consensus cannot be reached, or it is not appropriate for dispute resolution pathways to be taken due to high conflict or risks to safety for you or your children, the Court may be called upon to decide which living arrangements are best.

Key considerations

Best interests of the child: The paramount principle underpinning how the law applies to children’s arrangements after separation and divorce. Working out what is in the best interests of the child requires a consideration of six key factors. They include the child’s views, the benefit of the child to having relationships with both parents, the child’s developmental, psychological, emotional and cultural needs and the abilities of each of parents to meet those needs. Drawn from the UN Convention on the Rights of the Child, it is a subjective concept applying in all cases where decisions affecting a child are to be made.

Safety: From 6 May 2024 the Family Law Act placed emphasis upon the need to prioritise the safety of children and the caregivers of children. This includes safety from being subjected to or exposed to family violence, abuse or neglect. Safety is a key pillar in identifying the option which would be in the children’s best interests and ensure their welfare.

Parental responsibility: A term which refers to the authority and responsibilities parents have in relation to children who are not 18. Decision making responsibility refers to the right of a parent or parents if it is jointly exercised to make decisions about their child including about major issues like health, education, religion and the child’s name. Separation of the parents does not alter parental responsibility, but a Court order can alter parental responsibility for a child. Where it is safe to do so, it is expected that parents will consult each other about long term decisions for the child and place the best interests of the child as the paramount consideration when making major decisions.

The legal process

Should Court intervention become necessary, we guide you every step of the way, from explaining what happens at Court, to preparing your evidence and representing you in Court hearings. Our aim is to secure arrangements that reflect the best interests of your children while minimising the emotional toll on your family.

Commonly asked questions that we can work through with you

  • How and when to tell the children we are separating?
  • Where will the children live? What happens if I don’t agree with my ex about who the children live with?
  • How much time will the child spend with the other parent?
  • How do I change the parenting arrangements for my children? Do I have to go to Court?
  • What is child support?
  • What should I do if I believe my children are at risk or are unsafe with the other parent?
  • Can I move away from the other parent with my children?
  • Can I travel overseas with my child?
  • How do I get a passport for my child when the other parent does not consent?
  • Can I change my child’s name?
  • Should I attend mediation about my children? Is it compulsory to attend mediation?

Why work with us?

Award-winning expertise: as Canberra's Best Family Law Firm in 2023 & 2025 our experienced team brings unparalleled knowledge and compassion to your case.

Child-centred approach: we prioritise your children's needs and well-being in recommendations we make, and we draw on the expertise of other professionals including psychologists and therapists.

Collaborative solutions: Wherever possible, we advocate for resolution through mediation and negotiation, saving you time, stress, and expenses.

Ready to discuss your parenting and custody needs?

We're here to provide clarity, support, and expert legal guidance through this challenging time. Contact Parker Coles Curtis to schedule a consultation and learn how we can assist with your parenting and custody arrangements, ensuring a brighter future for your family.

Successful co-parenting between separated parents starts with keeping the interests of the child at the centre of decisions. That means maintaining respectful communication, being consistent with routines across both households, and avoiding any situation where children feel caught in the middle or pressured to take sides.

In practice, this can look like agreeing on a clear parenting plan that covers day-to-day living arrangements, child's education, medical decisions, and how you'll handle parenting disputes when they arise. Having legally recorded parenting orders or a parenting plan in place gives both parents clarity and reduces the potential for conflict down the track. At Parker Coles Curtis, our dedicated family lawyers help separating parents build practical, workable child custody arrangements that protect your children and respect your legal rights as a parent.

An uncooperative co-parent can be one of the most frustrating and emotionally draining situations a parent can face. The right response depends on the nature and severity of the issue. If you have parenting orders or a parenting plan in place and they are being breached, there are legal steps available to you, including filing a contravention application with the Federal Circuit and Family Court of Australia t.

It is worth understanding that under the Family Law Act 1975 (Cth), all child custody decisions are guided by the best interests of the child as the paramount consideration, taking into account the child's relationship with each parent and each parent's ability to provide for the child's needs. Importantly, following amendments that took effect from 6 May 2024, the presumption of equal shared parental responsibility has been removed, giving courts greater flexibility to make parenting orders that genuinely reflect each child's individual circumstances.

Where communication has broken down, attending family dispute resolution can often help separated parents get back on track without escalating to court proceedings. Where domestic and family violence or child abuse is a factor, different pathways apply and your safety and your children's safety will always come first. Our experienced family lawyers will assess your circumstances, provide clear legal advice on your options, and help you take the most effective and least disruptive path forward, always keeping your children's welfare at the forefront.

Breaking the news of a separation to your children is one of the hardest conversations a parent will face. It is best to keep the conversation as simple as possible, and age appropriate. You should provide enough information so that they know what is happening, for example, where they will live. Importantly they need to know that they will be taken care of and are loved.

We also recommend against giving the children too much detail – like who ended things, who was wronged and so on. Ensure that your children know they are not at fault for the changes in their family. The website raisingchildren.net.au is an excellent resource for specific phrases that you can use when talking about the separation, how to listen actively and how to encourage talking about feelings.

Make sure your children, and other family members who play an important role in their lives, have access to family counselling or other support services to help them process the change, and ensure you have support too.

Our child custody lawyers and team can connect you with the right professionals alongside our legal advice, and where appropriate, help you put separation agreements in place that give your family clarity and stability from the outset, because we know that getting this right matters as much as any court outcome.

To successfully modify existing parenting arrangements, you generally need to demonstrate to the family court that there has been a significant change in circumstances since the original parenting orders were made. This might include changes to a parent's living arrangements, concerns about a child's welfare or safety, the child's evolving needs as they grow older, or a parent consistently failing to comply with existing orders.

Under Australian family law, the court's primary consideration will always be the best interests of the child. Building a strong case means understanding parental responsibility, documenting relevant changes carefully, and presenting your child custody matter clearly and persuasively. Our professional family lawyers will work with you to assess whether grounds exist for a modification, prepare your case thoroughly, and advocate for arrangements that genuinely serve your children's needs.

Relocation cases, where one parent wants to move away with the children, are among the most complex child custody matters in family law. The family court does not automatically favour or oppose relocation. Instead, it carefully weighs the best interests of the child, considering factors such as the reasons for the proposed move, the impact on the child's relationship with the other parent, the child's views depending on their age and maturity, and each parent's ability to support shared parental responsibility going forward.

Whether you are the parent seeking to relocate or the parent opposing it, seeking legal advice early and having experienced legal representation is critical. At Parker Coles Curtis, our team has deep experience in relocation and parenting disputes and will build a clear, evidence-based case that puts your child's welfare and future first. We also explore whether negotiated solutions through family dispute resolution, such as revised parenting arrangements or consent orders, can resolve the dispute without the need for contested court proceedings.

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