Family Law
When it comes to your children's future, every decision matters.
Parenting arrangements after separation can be agreed privately or formalised through the Federal Circuit and Family Court of Australia. Under the Family Law Act 1975, the court's paramount consideration is always the best interests of the child. Whether you need to agree on where your children live, enforce existing orders, or respond to a safety concern, specialist family lawyers can protect what matters most.
⚠ Urgent interim parenting orders can be sought where a child's safety is at risk — do not wait if you have serious concerns — submit your request now.
Does This Sound Like You?
Common situations we help with.
Cannot agree with your ex on where children will live
Separation has broken down into conflict about the children's primary residence, time with each parent, and day-to-day decision-making. If negotiation and family dispute resolution have not resolved the dispute, the Federal Circuit and Family Court of Australia can make parenting orders that provide certainty and legal protection for both the children and the parents.
Existing parenting order being breached
Your ex is consistently failing to comply with court parenting orders — not making the children available for your time, picking up or dropping off late, or interfering with your relationship with the children. Contravention of a parenting order without reasonable excuse is a serious matter and can lead to enforcement orders, costs orders, make-up time, or in severe cases, changes to parenting arrangements.
Wanting to relocate interstate with your children
You have a genuine reason to move interstate — a new job, family support, a new relationship — but you have children and an existing parenting order. Relocating with children without the other parent's consent or without court approval can amount to a contravention of the parenting order. Court leave is required and the application is decided on the best interests of the children, not just the relocating parent's reasons.
Concerned about a child's safety in the other parent's care
You have serious concerns about your child's safety or wellbeing when they are with the other parent — due to family violence, substance abuse, neglect, or exposure to dangerous situations. Urgent interim orders can be sought to suspend or supervise contact while the court investigates, and the court can act very quickly where a child is at immediate risk.
Grandparent seeking contact with grandchildren
Following family separation, you have been cut off from your grandchildren by one or both parents. Under the Family Law Act 1975, grandparents and other significant people in a child's life can apply for parenting orders for contact or time. The court will consider the benefit to the child of having a meaningful relationship with their grandparents as part of the best interests assessment.
Urgent interim parenting orders needed
A crisis has arisen — your ex has taken the children without your knowledge, is refusing to return them after a scheduled visit, or you have just received information that puts the children at immediate risk. Urgent same-day interim parenting orders can be sought from the Federal Circuit and Family Court, and in extreme cases a recovery order or location order can be issued to retrieve a child who has been removed without consent.
How It Works
From dispute to parenting orders — protecting your children's wellbeing.
The family law system strongly encourages parents to resolve parenting disputes through negotiation and family dispute resolution before going to court. A specialist family lawyer can guide you through both pathways and escalate quickly if the children's safety requires it.
Submit Your Parenting RequestSubmit your request
Tell us about your parenting situation — whether there are existing orders, the age of the children, the nature of the dispute, and any safety concerns. We will match you to a specialist family lawyer.
Free consultation and strategy
A specialist family lawyer assesses your situation, advises on the best approach — negotiation, consent orders, or contested proceedings — identifies urgent steps if a child's safety is at risk, and explains the likely timeline and costs.
Resolution through agreement or court orders
Your lawyer negotiates on your behalf, assists with family dispute resolution, drafts consent orders for the court's approval, or represents you in contested proceedings — always with the children's best interests as the central focus.
Same Day
Urgent interim parenting orders can be obtained the same day in genuine emergency situations where a child's safety is at risk
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Best Interests
Under the Family Law Act 1975, the court's sole paramount consideration in parenting matters is the best interests of the child
Before You Proceed
Practical questions about parenting arrangements in Australia.
What is the difference between shared parental responsibility and sole parental responsibility? +
Parental responsibility under the Family Law Act 1975 refers to the right and duty to make long-term decisions about a child's major life matters — education, health care, religious upbringing, and changes of name or location. Following the 2024 amendments to the Act, there is no longer a presumption of equal shared parental responsibility. Courts now look at what parental responsibility arrangement serves the child's best interests in the particular case. Shared parental responsibility means both parents must consult on major long-term decisions. Sole parental responsibility means one parent can make those decisions without needing the other's agreement — typically ordered where shared decision-making would expose the child to harm or conflict makes cooperation impossible.
How does the court determine the best interests of the child? How does the court determine the best interests of the child? +
Section 60CC of the Family Law Act 1975 sets out the factors courts must consider. The two primary considerations are: protecting the child from physical or psychological harm (including family violence and abuse), and the benefit to the child of having a meaningful relationship with both parents. Following the 2024 amendments, where there is a risk of harm, the court must give greater weight to protection over the relationship with the other parent. Additional factors include the child's expressed views (having regard to their age and maturity), the child's relationship with each parent and other significant people, and each parent's ability to meet the child's needs.
What are the rules about relocating interstate with children after separation? +
If there is an existing parenting order that specifies where the children are to live or requires both parents' consent for relocation, you must either obtain the other parent's written consent or apply to the court for permission before relocating. Taking children interstate without consent or court leave can amount to a serious contravention of the parenting order. The court will determine whether relocation serves the children's best interests, weighing the benefits of the relocation to the children (through the relocating parent's improved circumstances) against the impact on the children's relationship with the other parent and family.
What can I do if parenting orders are being breached? +
If the other parent is contravening a parenting order without reasonable excuse, you can file a contravention application with the Federal Circuit and Family Court of Australia. The court can impose a range of consequences depending on the severity of the breach, including: requiring make-up time for the affected parent, ordering the contravening parent to pay legal costs, varying the parenting orders, requiring attendance at a parenting programme, and in serious repeated cases, fining or imprisoning the contravening party. Keep detailed records of every breach — dates, times, what was supposed to happen and what actually happened.
What is the contravention application process? +
A contravention application is filed with the Federal Circuit and Family Court using prescribed court forms. You must identify the specific order that was contravened, the date and circumstances of the contravention, and what you are seeking as a remedy. The other party has an opportunity to respond and explain any reasonable excuse. The court may deal with the contravention at a separate hearing or combine it with any other parenting proceedings. Legal advice is important to ensure your application is properly framed and that you are seeking the most appropriate remedy for the type of contravention that occurred.
What is a family report and how does it work in contested parenting matters? +
A family report is an independent assessment prepared by a court-appointed family consultant (typically a psychologist or social worker) who interviews both parents and the children and may observe interactions. The report makes recommendations about parenting arrangements based on the children's best interests and provides the court with an independent professional perspective. Family reports are ordered in most contested parenting matters and carry significant weight with judicial officers. If a family report is ordered in your matter, it is critical to engage positively with the family consultant and to be child-focused in all interactions with them.
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