Experienced child custody lawyers Melbourne

In Australia, parenting law primarily falls under the Family Law Act 1975. The key principles include prioritising the best interests of the child, promoting shared parental responsibility for major decisions, encouraging parenting plans, and emphasising dispute resolution before court intervention. The court may appoint an independent children's lawyer in contentious cases, and considerations of family violence and child abuse are paramount. Parenting orders, addressing living arrangements and parental responsibilities, can be sought if agreements cannot be reached, and there are provisions for appealing such orders.

Terms like ‘guardianship’, ‘access’, ‘residence’ and ‘contact’ are now largely obsolete and have been replaced with concepts like:

• ‘Lives with’ orders – determines where and with who the child resides
• ‘Spends time with’ and ‘communicates with’ orders – outlines arrangements between the child and separated parents involving the parent who the child does not normally live with, spend time with or communicate with
• ‘Special issues’ – relates to issues of education, religion, change of a child’s name, medical treatment, and anything else to do with a child’s upbringing and welfare

The Family Law Act encourages parents to resolve their child custody arrangements without going to court and many parties opt to do this by entering into a parenting plan.

A parenting plan is a written agreement that sets out the parenting arrangements for children. It can include:

• Arrangements for who the child is to live with, spend time with, and communicate with
• Parental responsibility 
• Child maintenance 
• Dispute resolution in the event disputes arise
• Any other aspect of child care, welfare, or development 

The parenting plan only needs to be written and signed freely between the parties to come into effect. An advantage of parenting plans is that they provide parents with more flexibility and the ability to easily change arrangements with minimal expense. This can be particularly useful when the children are young, with their needs likely to change over a short period of time.

Parenting plans are not enforceable by the court if they are breached, but the court will take into consideration the terms of a parenting plan if proceedings are commenced after the parties enter into a parenting plan.

Parties who want to formalise their agreement can make an application for consent orders. These are legally enforceable court orders that are made with the best interests of the child in mind. In some cases, consent orders are necessary as they provide structure and certainty for parents and children. In other cases, they can get in the way of common sense discussions and variations to the normal living arrangements of children, which is why in some cases, parenting plans may be preferable over consent orders.

The first step is to book a consultation with a family law specialist who will find out more about your situation and explain the legal process should you decide to go ahead. If things are amicable, you can develop a non-legally binding parenting plan or formalise your agreed arrangements with a consent order.

If parenting arrangements can’t be agreed on, we can act as a mediator between you, your former partner, and their legal representation to try and find a solution. If there is no dispute resolution, the next step is to initiate formal court proceedings by attending family court where a judge will then make the decision.

The cost of child custody lawyers in Melbourne can vary based on factors such as the lawyer's experience, the complexity of the case, and the specific services required. Family lawyers may charge hourly rates, fixed fees for certain services, or a combination of both. Hourly rates can range widely, typically from $300 to $500 or more per hour, depending on the lawyer's expertise.

At Carew Counsel, we aim to provide the most cost-efficient solutions for clients. We tailor our pricing to your needs and will provide either a fixed rate or an upfront quote after your initial consultation, depending on the services you require.

Choosing the best child custody lawyer in Melbourne involves careful consideration to ensure you find a lawyer that you are comfortable with and who can help you achieve your desired outcome. 

Some essential factors to consider include:

• Experience and expertise – Look for a lawyer with significant experience in family law and child custody matters. An experienced lawyer is more likely to navigate the complexities of your case effectively.
• Reputation – Reading client reviews and testimonials can provide insights into their professional conduct, communication skills, and success in handling similar cases.
• Referrals – Seek recommendations from friends, family, or colleagues who have gone through similar experiences. 
• Communication skills – Choose a lawyer who communicates clearly, keeps you informed about the progress of your case, and responds promptly to your queries.
• Compatibility – A good lawyer-client relationship is built on trust and mutual understanding.

At Carew Counsel, our accredited family lawyers specialise in children’s matters and will work with you to develop a path forward that prioritises your child’s best interests.