Few things matter more than your kids. If you've separated and you're worried about how much time you'll get, who decides what, and how to keep things calm — we'll explain exactly where you stand and what to do next, without the jargon.
Most people call it "custody" — but Australian family law hasn't used that word for years. Instead of one parent "winning custody", the law looks at two separate things: parental responsibility (who makes the big decisions about a child's schooling, health and upbringing) and the living arrangements (who the child lives with and how much time they spend with each parent). You can share decision-making while the day-to-day time is split in all sorts of ways.
It's an important distinction, because a lot of the fear around "losing custody" comes from thinking it's all-or-nothing. It usually isn't. The starting point is that both parents remain a meaningful part of their child's life — the questions are simply how, and how often.
Whether you agree between yourselves or a Court decides, the test is the same: the best interests of the child. The main things that get weighed up include:
There are three levels of formality. Most families never need the third:
A written agreement you and the other parent sign. Flexible and free to change, but not enforceable if the other parent stops following it.
Your agreement, approved by the Court "on the papers". Legally binding and enforceable — with no hearing and no need to attend court in most cases.
An order the Court makes when parents can't agree. This is the last resort, and we prepare and run the application for you if it comes to that.
You don't have to end up in a courtroom to get certainty. In most cases the law actually requires parents to genuinely try family dispute resolution (mediation) before applying to the Court, except where there's family violence or urgency. Here's how we usually help:
A plain-English rundown of your rights, what's realistic, and the likely outcome — so you're not negotiating blind.
We help you negotiate directly or through mediation, keeping the temperature down and the focus on the children.
We draft consent orders so the arrangement is properly binding — not just a promise that can unravel later.
If agreement isn't possible or a child is at risk, we prepare and run your application from start to finish.
We're based on High Street in Epping and act for parents right across Melbourne's north — Lalor, Mill Park, South Morang, Mernda, Craigieburn and beyond. And because so much of a parenting matter is advice, drafting and negotiation, you don't have to come in: we offer online consultations by video or phone, so you can get moving even if work or the kids make an office visit hard.
Not really. Australian family law no longer uses "custody" or "access". Instead it talks about parental responsibility (decision-making) and who a child lives with and spends time with. Most people still say "custody", and we know exactly what you mean.
No. The law does not favour mothers over fathers. It starts from both parents having a role in the child's life and focuses on the child's best interests, not the parent's gender.
No. There is no automatic equal-time rule. Even where parents share decision-making, the actual time a child spends with each parent depends on their best interests and what is practical — school, work, distance and the child's routine.
Yes — most families do. Arrangements are usually agreed directly or through family dispute resolution (mediation), then made binding with consent orders. Court is generally a last resort or for urgent safety situations.
A parenting plan is a written agreement but is not legally enforceable. Consent orders are your agreement approved by the Court, making it legally binding. A parenting order is an order made by the Court, usually when parents cannot agree.
Child support is assessed by Services Australia using a formula based on both parents' incomes, the level of care each provides and the number and ages of the children. It's separate from the parenting arrangements, and we can explain how the two interact.
Relocating with a child generally needs the other parent's agreement or the Court's permission, especially if it affects their time with the child. Moving without consent can lead to a recovery order — get advice before you move.
Your first consultation is a fixed fee, and there's no cost to send an enquiry. After we understand your situation we give you a clear estimate. Because most arrangements are resolved by agreement rather than a court fight, costs are often far lower than people fear. Online consultations are available if you can't get to the office.
Waters & Co helps parents across Melbourne's north reach arrangements that work, and hold up. Talk to us before things escalate.
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