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Our experienced family lawyers provide expert advice on custody agreements, parenting plans, and enforceable consent orders, ensuring that your children's best interests are prioritised.
We understand that navigating this time can be emotionally exhausting, which is why we are committed to helping you achieve a fair and smooth resolution.
Trust us to support you in reaching agreements that work for your family and provide the stability your children need during this time.
Some of the main challenges in parenting disputes include:
Many people think that resolving parenting disputes is straightforward, but it often involves complex legal considerations.
In Australia, while you must be separated for a year to apply for divorce, addressing child custody and parenting arrangements is a separate process that can be challenging.
Commencing parenting discussions after separation or divorce can be daunting, but approaching the conversation with a collaborative mindset can lead to more productive outcomes. If you are finding it difficult to agree, or believe the other parent is not being reasonable, we are able to help.
Working with a family lawyer can help you navigate parenting disputes effectively, potentially avoiding the need for court intervention. If you and your partner can agree, the resolution can be quicker and less stressful.
However, if you can’t reach an agreement, our family lawyers will guide you through the legal process to ensure a fair outcome for your children.
Trust us to put you and your children first.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
Custody arrangements are determined based on the best interests of the child, rather than a presumption that one parent is more entitled than the other. Both parents generally have equal rights when it comes to making decisions about their child's upbringing, including living arrangements, education, and healthcare.
When parents cannot agree on custody, the Family Court may intervene to establish a parenting order. Factors considered by the court include the child's relationship with each parent, the ability of each parent to provide for the child's needs, and the child's own wishes, depending on their age and maturity.
Ultimately, the focus is on ensuring that the child's interests are considered above all else, and that children are given the opportunity to maintain a relationship with both parents in a safe environment.
If you and your ex-partner cannot agree on parenting arrangements, it’s important to focus on your child’s best interests. Start with open and respectful conversations in a neutral environment to express your concerns and preferences. If direct discussions are difficult, consider involving a mediator or family lawyer to facilitate constructive dialogue and help identify common goals.
Mediation is often a recommended first step before seeking legal action, as it allows both parents to work together towards a mutually beneficial agreement. If mediation fails, consult a family lawyer for guidance on your rights and options, including the possibility of applying to the Family Court for a parenting order.
The ultimate aim should be to ensure your children's well-being and maintain strong relationships with both parents.
Yes, you can apply to change an existing parenting order if there has been a significant change in circumstances that affects the child’s best interests. This could include changes in living arrangements, employment, or the child's needs. The court will review the circumstances and decide whether a modification is warranted.
At Melbourne Law Studio, we can have an open discussion about the threshold you would need to meet and whether it is likely that your application would be successful.
If your ex-partner refuses to follow the parenting plan, it is important to document any breaches and attempt to discuss the issue with them. If informal discussions do not resolve the situation, you may need to seek legal advice or apply to the Family Court for enforcement of the parenting order.
To ensure your child's needs are met during a separation, prioritise open communication and collaboration with your ex-partner regarding parenting arrangements whenever possible.
If you are finding it difficult to have a respectful or productive conversation, our family lawyers can help address the child's education, health, and emotional well-being.
Additionally, it is also becoming more common for parties to engage support services, such as counseling (called family therapy), for both you and your child to help navigate this transition. If you are interested in family therapy, we would be happy to recommend some excellent providers to assist you.
Parental rights refers to the right to make important decisions about a child's upbringing, including education, healthcare, and religious training.
Custody, on the other hand, pertains to where the child lives, who they spend time with and which parent is responsible for their day-to-day care while the child is with them.
It is possible for one parent to be awarded parental responsibility and rights (to make major decisions) whilst sharing time/custody with the other parent. This can happen in cases where the relationship between the parents post separation has deteriorated so much that they are unable to respectfully co-parent.
The family court handles children and property matters, along with separation orders and divorce matters. Our child custody lawyers Melbourne can help you formalise child matters so that you can take legal action later if needed.
While children’s wishes can be considered in custody decisions, the weight given to their preferences often depends on their age and maturity level. If the situation becomes contentious, seeking legal advice may be necessary to address any concerns and ensure that the child’s best interests are prioritised in any custody arrangements.
It is not uncommon for one parent to feel as though the separation is being weaponised by the other, where children are placed in the middle and influenced in their opinions and feelings through commentary that is inappropriate and relates to 'adult conversations'.
A family lawyer can help you navigate this sensitive issue and explore options that best support your child's emotional well-being.
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