Family law changes from 6 May 2024
Family law changes from 6 May 2024
Children and Parenting Services
Navigating child custody and parenting arrangements can be emotionally challenging for parents and children. These are decisions which have a long-lasting impact on a child’s life. Our focus is on providing compassionate and expert guidance, with your child's best interests always kept at the forefront. Whether you are navigating a child custody dispute, creating a parenting plan, or seeking legal advice on other family law matters, our team is here to support you every step of the way. We understand these issues are deeply personal, and we are committed to helping families create nurturing environments where children can thrive.
Understanding Child Custody
Child custody refers to a child’s living arrangements. It is an old expression, no longer used in family law practice. Today, we refer to a child’s “live with arrangements” and “spend time arrangements”, instead of child custody. Parenting arrangements following a separation or divorce generally encompass two main aspects: The practical arrangements for a child to live with and spend time with each parent, and parental responsibility for making major long-term decisions for a child.
Physical custody is the old expression used to describe the practical care arrangements for a child, including the “lives with” and “spend time” arrangements. For example, a child might live primarily with one parent and spend time with the other parent. The parent with physical custody of the child at any point in time is responsible for making day-to-day decisions in relation to the child during that time, unless there is a Court Order or agreement which says otherwise. The primary consideration in determining an appropriate physical custody parenting arrangement for a child is the child’s best interests.
Both parents may share legal custody (joint legal custody), or one parent may be granted sole legal custody, depending on what is in the best interests of the child. Having a skilled child custody lawyer is crucial in navigating the complexities of legal custody arrangements and ensuring that your parental rights are protected.
Legal Custody
Legal custody is the old terminology used to describe a parent’s responsibility for making major long-term decisions for a child. Under Australia’s family law system, parents are encouraged to consult each other regarding major long-term decisions for their child, such as their education, health and religion. However, this may not be appropriate in all situations, including where there is history of family violence including coercive control. In some cases, one parent has sole responsibility for making major long-term decisions, previously referred to as legal custody.
Our Approach to Child Custody Cases
At Allison Rowe Family Lawyers, we believe every child deserves to live in a safe, nurturing environment where they can thrive. Our approach to child custody cases and parenting cases is centred on compassion, understanding, and a commitment to protecting the well-being of your children.
We recognise each family is unique, and the needs of your children are paramount. Whether through negotiation, mediation, or, when necessary, court proceedings, we strive to create outcomes that foster stability and support the healthy development of your children.
By prioritising the best interests of your child, we aim to minimise conflict and stress, allowing families to focus on creating a positive and supportive environment. With Allison Rowe Family Lawyers by your side, you can trust that your child custody and parenting matters will be handled with the care and attention they deserve.
Mediation Services for Parental Custody Disputes
Mediation offers an amicable and effective way to resolve parental custody disputes without the stress and expense of going to court. At Allison Rowe Family Lawyers, we understand that reaching an agreement on child custody parenting arrangements can be challenging, especially when emotions are running high. That’s why our team is dedicated to providing expert mediation services support and representation to help parents come together to make decisions in the best interests of their children.
During mediation, we act as your trusted legal representative, guiding and advising you through discussions, assisting you to find common ground, and advocating on your behalf as needed. The goal is to develop a parenting plan or consent orders which reflect the needs and best interests of the children while ensuring a relationship with both parents is protected, if it is safe to do so. Mediation allows for more flexible and tailored solutions, giving families the opportunity to craft an arrangement that works best for them.
By choosing mediation, we may be able to avoid the adversarial nature of court proceedings, which can often exacerbate tensions. Instead, mediation encourages cooperation and mutual respect, helping to maintain a positive relationship between parents, which is essential for the well-being of your children.
Legal Support for Custody Matters
At Allison Rowe Family Lawyers, we provide comprehensive legal support for all aspects of child custody and parenting arrangements. Whether you’re just beginning to explore your options or facing complex custody disputes, our team is here to guide you every step of the way.
Our services range from initial consultations, where we help you understand your rights and the legal landscape, to full representation in court if necessary. We understand that every family’s situation is unique, which is why our parental custody lawyers develop tailored strategies to address your specific needs and circumstances.
Our approach is thorough and compassionate, ensuring that all factors—such as the child’s best interests, the family’s dynamics, and the long-term implications of any agreement—are carefully considered. Whether you require assistance with legal custody, physical custody, or complex parenting orders, our firm is equipped to provide the experienced guidance you need.
Why Choose Allison Rowe Family Lawyers?
When it comes to matters as sensitive and crucial as child custody parenting arrangements, you need a family lawyer who combines deep legal expertise with a genuine commitment to your family’s well-being and a lived experience.
With over 25 years of experience in family law, Allison Rowe has built a reputation for excellence in handling complex custody cases and parenting cases. We know exactly what you are going through and understand the emotional challenges that accompany these situations. We’re here to provide not only legal guidance but also emotional support throughout the process. Our team of child custody lawyers is committed to ensuring that your child’s best interests are always at the forefront of every decision made.
Clients choose Allison Rowe Family Lawyers because of our proven track record of success, our empathetic and client-centred approach, and our ability to navigate even the most challenging cases with precision and care. When you entrust us with your custody matter, you can rest assured that you have a dedicated partner who will advocate fiercely for your family’s future.
FAQs on Child Custody and Parenting Arrangements
1. What factors determine child custody?
In Australia, the primary consideration for determining child custody is the best interests of the child. The court assesses several factors, including the safety of the child and the child’s caregivers, any views of the child, the child’s needs (including developmental, psychological, emotional and cultural), the capacity of each parent to meet the child’s needs, the child’s relationship with each parent and other significant people and, where applicable, the right of a child who is Aboriginal or Torres Strait Islander to enjoy and develop a positive appreciation for their culture and connections with their family, community, country and language.
2. How does mediation work in custody cases?
Mediation is a process where both parents meet with a neutral third party, often a legal custody lawyer, to discuss and resolve disputes regarding parenting arrangements. The goal is to reach a mutually agreeable solution without the need for court intervention. Mediation is encouraged where appropriate as it can be less stressful, more cost-effective, and quicker than court proceedings.
3. What is the difference between legal and physical custody?
Legal custody is the old term referring to the right to make major long-term decisions about your child’s life, including education, health care, and religious upbringing. Physical custody is the old term which refers to where the child lives and the daily care arrangements. Both types of custody can be shared between parents or awarded solely to one parent, depending on the circumstances.
4. Do I need a lawyer for child custody cases?
While it is possible to reach an agreement without legal representation, having a child custody lawyer can provide significant advantages. A lawyer can help you understand your rights, ensure that your child’s best interests are protected, and represent you in court if necessary. Without legal representation, there is a risk that agreements may not fully protect your rights or those of your child, potentially leading to disputes or complications in the future. Legal guidance is particularly important in complex cases or when there is a high level of conflict between parents.
5. What happens if we cannot reach an agreement on custody?
If parents cannot reach an agreement on custody arrangements through mediation or negotiation, the matter may need to be resolved in court. The court will make a decision based on what it deems to be in the best interests of the child. It is always advisable to seek legal advice early in the process to explore all available options and avoid the stress of a court battle if possible.
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Contact Allison Rowe for Expert Guidance
Navigating the complexities of child custody and parenting arrangements can be challenging, but you don’t have to face it alone. At Allison Rowe Family Lawyers, our team is dedicated to providing the expert guidance and compassionate support you need to make informed decisions for your family.
Whether you’re in the early stages of separation or facing ongoing custody disputes, we’re here to help. Contact the team on 03 4422 2111 or simply fill in our contact form, and we’ll get in touch with you. Let Allison Rowe Family Lawyers be your trusted partner in securing the best possible future for your family.
Contact Us
Contact Us
Have questions or need assistance? Contact us, and our friendly team will provide the support you deserve. Trust us to simplify your family law matters with compassion and expertise.
Hours
Monday–Friday
9am–5pm
Address
suite 4934
805, 220 Collins St
Melbourne 3000
Email
enquiries@allisonrowe.com.au
Phone
03 4422 2111