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What Does a Sydney Child Custody Solicitor Do?
The Family Law Act 1975 (Cth) is the law that governs parenting arrangements for all Australian families. married couples, de facto partners, and same-sex parents alike. The central principle is that the best interests and wellbeing of the child come first.
The Family Law Amendment Act 2023 came into effect on 6 May 2024, addressing the old presumption that parents should share decision-making equally. Previously, courts started from the assumption that equal shared parental responsibility was the right outcome unless there was a reason to depart from it. That’s no longer the case. Every family’s situation is now assessed on its own merits, which means there’s no default arrangement you can assume applies to you.
If you already have parenting orders in place, those orders still stand. But if you apply to change them, the new framework applies. Our parenting arrangement lawyers in Sydney can walk you through what that means for your specific circumstances.
A child custody solicitor in Sydney helps parents work through all of that. In practical terms, that means:
- Explaining your rights and what you’re actually entitled to ask for
- Drafting parenting plans and agreements that cover the things that matter day-to-day
- Preparing consent orders so your arrangements are legally enforceable
- Representing you in family dispute resolution (mediation)
- Appearing with you in court if that’s where things end up
- Moving quickly on urgent applications when a child’s safety is the issue
At Watkins Tapsell, we try to resolve things through negotiation and mediation wherever possible. If court does become necessary, you’ll have a team that’s prepared.
How the Family Law Act Governs Child Custody
The Family Law Act 1975 (Cth) is the law that governs parenting arrangements for all Australian families. married couples, de facto partners, and same-sex parents alike. The central principle is that the best interests and wellbeing of the child come first.
The Family Law Amendment Act 2023 came into effect on 6 May 2024, addressing the old presumption that parents should share decision-making equally. Previously, courts started from the assumption that equal shared parental responsibility was the right outcome unless there was a reason to depart from it. That’s no longer the case. Every family’s situation is now assessed on its own merits, which means there’s no default arrangement you can assume applies to you.
If you already have parenting orders in place, those orders still stand. But if you apply to change them, the new framework applies. Our parenting arrangement lawyers in Sydney can walk you through what that means for your specific circumstances.
6 Best Interests Factors the Court Considers
Since May 2024, when a court decides what parenting orders to make, it works through six factors set out in section 60CC of the Family Law Act 1975 (Cth). These aren’t ranked; there’s no “most important” one that automatically overrides the others. They’re considered together, with each child’s individual situation at the centre.
Safety
This is where the court starts. The safety of the child, and of every person caring for the child, is given the most weight. That includes any history of family violence, abuse, neglect, or exposure to harm.
If there are existing family violence orders, the court must take those into account too.
If you’re worried about your child’s safety, or your own, please don’t wait.
Speak to our domestic violence lawyers before doing anything else.
The Child's Views
Children do get a say, and the older and more mature they are, the more weight their views carry.
There’s no age at which a child’s preference automatically decides things, but courts do take it seriously.
The court will also look at whether the views expressed are genuinely the child’s own, or whether one parent has been influencing what the child says.
Developmental, Psychological, Emotional, and Cultural Needs
Every child is different. The court looks at what this particular child needs to thrive, including their emotional well-being, psychological development, and cultural identity.
For Aboriginal and Torres Strait Islander children, the Act has a specific additional requirement: the court must consider the child’s right to maintain connection with their family, community, culture, country, and language.
Parental Capacity
The court considers whether each parent can actually meet the child’s needs consistently. That includes whether each parent is willing to support the child’s relationship with the other parent, where it’s safe to do so.
A parent who repeatedly blocks meaningful contact without a good reason tends to come off poorly in these assessments.
Benefit of Relationships
Children generally do better when they have meaningful relationships with both parents and with other people who matter to them, including grandparents, siblings, and extended family.
The court takes this into account. But this factor always sits alongside safety. Where maintaining a relationship would put a child at risk, protection comes first. Speak to our parenting arrangement lawyers in Sydney if you need support.
Any Other Relevant Circumstances
The law leaves room for anything that doesn’t fit the other five categories but is still important for this particular child.
That might be a health condition, the practicalities of where each parent lives, a sibling arrangement, or the stability of each household. No two families are the same, and this factor acknowledges that.
Types of Parenting Arrangements After Separation
One of the first things people want to know is whether they have to go to court. But usually, many families work out arrangements without ever filing anything, and plenty more reach an agreement with some help but without litigation.
That being said, having something properly documented matters, and the level of formality you need depends on how much trust exists between you and your former partner.
Parents can formalise things through four main pathways:
Arrangement | Legal Status | Enforceability | Best For |
Informal Agreement | No legal standing | Not enforceable | High-trust, cooperative parents |
Parenting Plan | Written agreement (s 63C) | Persuasive but not enforceable | Flexible, cooperative families |
Consent Orders | Court-approved orders | Legally binding | Parents who agree but want certainty |
Court Orders | Imposed by a judge | Legally binding | Contested disputes, safety concerns |
It’s also worth knowing that under section 64D of the Family Law Act 1975 (Cth), a later parenting plan can override earlier consent orders in certain circumstances. That’s one reason why getting the right arrangement in place from the beginning, rather than patching things together over time, genuinely matters.
Not sure which is right for your situation? Our parenting arrangement lawyers in Sydney can help you figure that out.
How Mediation and Court Work for Child Custody
Most families don’t end up in a courtroom, and that’s a good thing. They take a toll on everyone involved, including the children. Mediation costs a fraction of that and can resolve things in weeks, not months.
The law reflects this. Under section 60I of the Family Law Act 1975 (Cth), parents are required to attempt mediation and obtain a section 60I certificate before they can file a parenting application with the Federal Circuit and Family Court.
There are exemptions. If there’s been family violence, a risk of child abuse, or the situation is urgent. But for most families, mediation comes first. Our family dispute lawyer team can help you understand which path applies to you.
01 – Negotiation
We start here whenever it’s possible. In many cases, a calm and well-structured conversation, often done through solicitors rather than directly between parents, is enough to reach an arrangement that works. It’s the fastest option and the least disruptive for your kids.
02 – Mediation
If negotiation doesn’t get you there, the next step is family dispute resolution with an accredited FDR practitioner. Both parents work through the issues with the help of a neutral third party. It can be done together or separately, depending on your circumstances. Most people find it less confrontational than they expect.
03 – Formalisation
Once you’ve reached an agreement, we make sure it’s properly documented. That might mean a parenting plan, or we’ll prepare consent orders to be filed with the court, so the arrangement is legally binding and there’s no ambiguity down the track.
04 – Court (If Needed)
If mediation doesn’t resolve things, or if urgent orders are needed to protect a child, we prepare your application and represent you through every stage of proceedings. Our solicitors have extensive experience in contested parenting matters before the Federal Circuit and Family Court, and we work closely with barristers when a matter warrants it.
When You Need a Child Custody Solicitor in Sydney
If you and your former partner are largely on the same page and just need help putting it in writing, a solicitor can do that efficiently and cost-effectively.
If things are more complicated, such as there’s serious disagreement, concerns about safety, a history of family violence, or a risk that one parent might relocate with the children, having experienced legal advice from a child custody lawyer in Sydney is essential.
And if you’re dealing with parenting matters at the same time as a property settlement (which most separating couples are), it genuinely helps to have both handled by the same team.
Our divorce lawyers in Sydney work alongside our family law and property settlement lawyers, so nothing falls through the gaps and you’re not repeating yourself to different people at a difficult time.
Why Choose Watkins Tapsell
Our parenting arrangement lawyers in Sydney have been part of the Sutherland Shire community for over 50 years.
That means we’ve helped thousands of local families through separation, divorce, and parenting disputes, and we understand what people in this part of Sydney are actually dealing with
- ISO 9001 Certified: We’re committed to consistent, high-quality service, bringing deep family law experience to our team of accredited family law specialists.
- We explain things clearly: You shouldn’t need a law degree to understand what’s happening in your own family law matter. We tell you what your options are and offer reliable advice.
- We cover everything under one roof: Whether you need a property settlement lawyer or advice from a child support solicitor, or help with both at once, you don’t have to start over with a new firm.
- We move quickly when it matters : If your child is at risk and urgent orders are needed, we don’t slow down.
- We’re here for the long term: Family circumstances change. Children grow up. Parents’ situations shift. Many of our clients come back to us years later when something needs to be revisited, and we’re glad to be there for that too.
Get Started Today
We serve clients across Sydney, Kirrawee, Sutherland, St George, and Wollongong. If you’d like to speak with a Sydney child custody solicitor and simply understand where you stand before deciding what to do next, we offer an initial consultation for exactly that purpose.
Call us on (02) 9521 4168 or contact us online. There’s no obligation. Just a conversation with someone who can actually help.
Frequently Asked Questions about Child Custody
Family Property Law Questions:
Can grandparents apply for custody in Australia?
Yes, they can. Under the Family Law Act 1975 (Cth), grandparents and other people who play a significant role in a child’s life are entitled to apply to the court for parenting orders. The court will hear from anyone genuinely concerned with the care, welfare, or development of a child.
Grandparent applications most often arise when a parent is unable to care for a child because of illness, incarceration, substance misuse, or family violence. As with all parenting matters, the child’s best interests are the main consideration.
If you’re a grandparent worried about your grandchild’s wellbeing, or simply trying to stay in their life after a family breakdown, our child custody lawyers in Sydney can advise you on the most appropriate path forward.
What happens if a parenting order is breached?
Parenting orders are legally binding. If one parent isn’t following them, whether that’s withholding time, refusing handovers, or making decisions they’re not supposed to make alone, the other parent can apply to the court for enforcement.ºs, and in serious or repeated cases, imprisonment. If orders aren’t being followed, it can help to get advice quickly from parenting arrangement lawyers in Sydney. What you do (and document) in the early stages matters.
What if you cannot reach an agreement?
If mediation doesn’t resolve things, either parent can apply to the Federal Circuit and Family Court for parenting orders, as long as they have a valid section 60I certificate (or an applicable exemption). The court can make interim orders relatively quickly while the matter works toward a final hearing.
Most contested parenting matters settle before reaching a final hearing, but you’re in a much stronger position to negotiate if you’ve prepared properly from the start. Our child custody lawyers in Sydney will give you an honest assessment of where things stand, help you build your case, and be with you every step of the way.
