When parents separate, children’s wellbeing becomes the priority. We help families create practical, legally sound parenting arrangements that provide stability for children and clarity for both parents.
In Australia, there is no automatic formula for dividing parenting time. Arrangements are guided by the best interests of each child, considering safety, both parent relationships, emotional needs, and practical circumstances.
Most families resolve parenting arrangements without court. That is our preference too. Agreements reached cooperatively last longer and cause less lasting harm to children than contested proceedings.
A written agreement covering where children live, time with each parent, how key decisions are made, holiday arrangements, and how the plan adapts as children grow.
A parenting plan is not legally enforceable on its own, but a well-drafted plan reduces future disputes significantly. We draft plans that are practical, specific, and genuinely built around your children.
Consent orders are parenting agreements approved by the Federal Circuit and Family Court, making them legally binding and enforceable. If one parent breaches consent orders, formal legal remedies are available.
We recommend consent orders for most clients. We prepare, draft, and file them on your behalf.
Where parents cannot agree directly, mediation is almost always the right next step before court.
Lauren Wilson and Maria Stipic are Nationally Accredited Mediators. This means they have formal training in how mediation works from the inside: the process, the dynamics, and the preparation that produces real outcomes. Their clients enter parenting mediation better prepared and reach better agreements.
Family Dispute Resolution is a form of mediation required by law before most parenting court applications can be filed. A Section 60I certificate is required to proceed. We advise on whether this applies to your matter and whether any exemptions, such as family violence or urgency, apply to you.
Where agreement is not possible and a child’s safety or welfare is at risk, court applications may be necessary. We provide experienced, strategic representation in parenting proceedings, with urgent interim orders available where needed.
If you or your former partner want to relocate with the children, specific legal requirements must be met before any steps are taken. Relocating without consent or court approval can have serious consequences. We advise on relocation matters carefully before any decision is made.
Custody is not a legal term in Australia. It was replaced in 2006 by parenting arrangements, which describe who a child lives with, spends time with, and who makes major long-term decisions. The change moved the focus from ownership to responsibility. If you are searching for custody, you are in the right place – Village Family Lawyers handles parenting matters across Victoria.
Grandparents do not have automatic rights, but the Family Law Act specifically names them as people who can apply for a parenting order. The test is the child’s best interests, not the adult’s entitlement. An established relationship with the child matters most. We can advise whether an application is realistic.
Not unilaterally, if it would substantially affect the other parent’s time. Relocation – interstate or even an hour away – usually needs the other parent’s written consent or a court order. Moving first and asking later often results in an order to return. Get advice before you sign a lease – Village Family Lawyers acts on relocation matters.
No. There is no presumption of equal time. Since the May 2024 amendments, the law asks only what is in the child’s best interests – the previous presumption of equal shared parental responsibility was removed. Equal time happens when it works for the child, not by default. We advise on what is realistic.
There is no age. A child’s views are considered and given more weight as they mature, but no birthday transfers the decision to them. Courts look at maturity, understanding, and whether the view is genuinely the child’s. In practice, teenagers’ preferences carry real weight. Our LIV Accredited Family Law Specialists advise on how views are heard.
A lawyer appointed by the court to represent the child’s best interests, not either parent’s position. They meet the child, gather evidence from schools and professionals, and make independent recommendations. They are usually appointed in complex or high-conflict matters. We prepare clients for what an ICL will ask.
Here is what to expect when you book with Village Family Lawyers in Mount Eliza or Malvern.
Use our online booking form or call 1300 413 997. Choose in person at Mount Eliza or Malvern, or secure phone or video.
A calm, guided conversation in plain English. Your lawyer will listen to your situation and explain your rights and options clearly.
You leave with practical next steps tailored to your situation, protecting your family, your finances, and your future.
Mornington Peninsula and Bayside clients
Melbourne inner east and citywide clients
Discovery Calls are made over the telephone and all other consultations are available via a secure online video call.
All consultations available in person or by phone and secure video. Three ways to connect:
Not sure yet? Book a free 15-minute Discovery Call.
Free
15 min
Initial Consultation
90 min
Pre-mediation conference
90 min
The court considers the child’s relationship with each parent, need for protection from harm, the child’s own views depending on age, each parent’s ability to meet the child’s needs, and the value of maintaining relationships with both parents where safe.
A parenting plan is a written agreement but is not enforceable on its own. Consent orders are approved by the court and carry legal weight. For most families, consent orders provide better long-term security.
Breaching a court order is serious. We advise on the appropriate legal response including contravention applications and enforcement options.
This is a priority. Urgent interim orders can be sought immediately where safety is at risk. Contact us as soon as possible if this is your situation.
You can, and a written parenting plan is better than nothing. But a template cannot tell you whether the arrangement suits your child, and a parenting plan is not enforceable – if it breaks down, there is nothing to fall back on. Consent orders make the same terms binding.
Getting parenting arrangements right, early, makes a lasting difference for your children. We help you create agreements that are practical, clear, and built to hold.
