Parenting, Responsibilities, and Custody
After separation, many parents find themselves faced with the unfamiliarity of parenting whilst separated. These changes often lead to questions about child custody (i.e where the children should live and how much time they should spend with each parent). These questions are normal to have, and it is generally best to seek clarification to your questions early and often.
Our lawyers have many years of experience in family law; working with clients and receiving their client’s favored outcome. They are ready to help with any custody questions, and help you fight for custody if needed.
What's Next?
Divorce or separation can be an emotionally difficult time for families, especially when children are involved. One of the biggest challenges is deciding how custody, parenting responsibilities and time will be shared. Creating a fair and practical parenting plan can significantly reduce stress for everyoneby setting clear expectations and minimizing conflict.
A well-crafted parenting plan outlines a custody agreement. It will explain how time is divided between parents, including regular schedules, holidays, school breaks, and special occasions. It also addresses important aspects such as decision-making responsibilities and communication between co-parents.
At My Legal Crunch, we can help you find a custody solution that supports your family’s unique needs and prioritizes your child’s well-being.
Equal Shared Parental Responsibility
On 1 July 2006, changes to the Family Law Act came into effect through the Family Law Amendment (Shared Parental Responsibility) Act 2006. These changes focused on how courts handle disputes about children.
The main change was the introduction of a presumption of Equal Shared Parental Responsibility. This means that, unless it’s inappropriate, both parents should jointly make major decisions about their children, such as:
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Medical treatment
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Where the child lives
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Education
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Religion
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The child’s name
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Social interactions
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Safety and protection
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Passports
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Marriage under 18
This shared responsibility applies even after parents separate or remarry, unless a court order says otherwise. If parents can’t agree, the Family Law Act helps resolve disputes.
The Court and Parenting Orders
Before starting parenting proceedings in Court, parties should explore all other options. However, if a parent is withholding a child without valid reason or there are allegations of abuse, court action may be necessary.
Our experienced family lawyers regularly assist clients in obtaining parenting orders through the Court. If court proceedings are required, it’s best to resolve as many issues as possible beforehand, leaving the Court to decide only the remaining matters. Court-issued parenting orders are legally binding and enforceable, with serious penalties for non-compliance.
Depending on your situation, you may need a section 60I certificate before filing. Our lawyers can advise whether this applies to you.
Our Flexible Approach to Legal Services
Our team understands that you need a flexible approach to your legal services. We respect each of our client’s needs and we welcome:
- Meetings in our office;
- Meetings at your office or home;
- Phone meetings if you cannot make it to our office;
- Video conferences if you cannot make it to our office; and
- Online legal services.
We can assist you out of normal hours as well as during our regular business hours.
Our team will help you to get through your legal matter with as little stress and hassle as possible. Please let our team know how you prefer to have your legal services delivered.
- You don’t need to take the day off work to come in and see us because we are available in the evenings and on the weekends and not just during regular office hours.
- Communicate with us by telephone, email, text, video conference or in person. Our lawyers are easy to access and provide flexible hours for communication.
Meet our Team of Lawyers
Michael Rodrigues
Michael is trained in Family, Criminal, Corporate, and Employment Law, offering practical advice and serving as a dependable advocate for clients facing legal challenges.
Malcolm Burrows
Malcolm Burrows, with degrees in Business and Law, is the Principal of Dundas Lawyers and a consulting lawyer at My Legal Crunch. His expertise spans commercial, corporate, technology, and intellectual property law.
Joe Mansour
Joe is a Paralegal and Administrative Support at My Legal Crunch, trained in a variety of legal areas from Traffic to Family Law. He expertly handles legislative appeals and High Court submissions.
Vesna tomic
Vesna has extensive experience in the Criminal defence and Civil industry and across a multitude of areas inclusive of litigation, family law, and criminal law.
Dante Harrower
Dante has experience in family violence and has a special interest in family law, criminal law, mental health law, and youth justice. Dante is student currently completing a bachelor’s of Law/Psychology at ACU.
Alyce Russell
Alyce has extensive experience in both civil law and criminal defence. At My Legal Crunch, she is responsible for corresponding with clients, drafting documents and handling administrative procedures.
Deanna Rodrigues
Experience In her role as HR intern for My Legal Crunch, Deanna aids the HR department in its day-to-day operations. She assists with various tasks including recruitment, selection, and orientation.
J. Richard Jones
J. Richard oversees all non-legal business aspects of MLC, including digital, client services, and operational processes.
Terri Pavelic
With over 20 years of publishing experience, Terri oversees the marketing, content, and social media strategies of My Legal Crunch.
Michael R. is highly professional and an honour to work with. He is patient and explains legal systems in detail. His knowledge and expertise enabled us to conclude our family matters with the best outcome in our favour. Thank you Michael and team.
Mary Joy
Michael is very calm and always try his best to listen and also creating the comfort to us in handling the situation. He is staying neutral and not even trying to sided anyone at all. Very recommended service, even though my case has no output from FDR session.
Felix Tan
Fantastic friendly service, always come back to you in timely manner. overall just great.
Nathan Levacsics
My Legal Crunch lawyers were fantastic, they are efficient and professional in there work. Especially Michael and Vesna. There empathy and dealing with my emotional state was truly appreciated Highly recommended
Sylvia Kurtze
The team are very quick and professional about getting the process of Mediation rolling, and were empathetic and understanding to everyone’s concerns. Highly recommend them.
Ross Thomas
FAQs
Find answers to common questions about legal processes and what you can expect.
How does the custody process work?
The process starts when one parent files a Petition for Custody. Then a judge may issue Temporary Orders to establish a schedule for holidays, school, and weekends while the larger case is pending. Next is the need for mediation and parenting plans. If this goes faulty, there may need to be an evaluation and investigation process. Finally, there may be a hearing and the final decision.
Having an experienced family lawyer can help you navigate this process, save time, and stress.
What is mediation?
In simple terms, mediation is a facilitated negotiation. Instead of a judge making a final, binding decision in a courtroom, you and the other parent sit down with a neutral third party (the mediator) to create your own agreement. Think of it as a “middle ground” designed to keep families out of a high-stress legal battle.
What if my issue involves domestic violence?
Safety is the court’s top priority. If domestic violence is involved, judges may bypass standard mediation, issue protective orders, and mandate supervised visitation. Documentation is vital, as the “best interests of the child” standard heavily weights a parent’s history of violence when determining custody.
Can my child choose who they want to live with?
No. There is no specific age where a child “decides.” While judges give more weight to a child’s preferences as they get older and more mature, the final decision is always based on the “best interests of the child,” not just the child’s wish.
Can I stop visitation from the other parent if child support isn't paid?
No. In the eyes of the law, child support and visitation are separate issues. You cannot withhold the child because of missed payments, and a parent cannot stop paying support because they are being denied time with the child.
Experienced Lawyers
Are you in need of a custody lawyer? Our experienced team of family lawyers is ready to help you and your situation Schedule a consultation today.