Our parenting arrangements lawyers provide practical, child-focused guidance to help you establish clear, workable arrangements that support stability and reduce ongoing conflict.
If you are going through separation, your family will be experiencing a range of emotional and practical challenges. We understand that when children are involved, these times become particularly sensitive.
At Hamilton Thomas Lawyers, we work with you to develop parenting arrangements that prioritise your children’s needs and daily routine, and minimise disruptions to their daily life. Where needed, we formalise agreements to reduce ongoing negotiation and provide structure, consistency, and long-term certainty for your family.
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How we help
Practical, clear advice across all areas of family law, from first questions to final resolution.
Clear guidance through separation, protecting your rights and helping you plan your next chapter.
Strategic advice to secure a fair division of assets and protect what matters most to you.
Practical solutions focused on your children’s best interests while reducing conflict.
Advice on financial support obligations so you understand your entitlements clearly.
Compassionate legal support to keep you and your family safe, with urgent intervention orders when you need them most.
Understanding your rights in a de facto relationship, whether separating or protecting what you’ve built together.
Our people
40+ years combined family law experience. You speak to senior lawyers from your very first call.
Why choose us
We’re not transactional lawyers. We aim to be another branch of your support network.
Work with senior family law staff with an exclusive focus on family law for better outcomes.
Clear advice, honest costs and no surprises, from your very first call.
Based at 59 Koornang Road, Carnegie, we provide a local point of contact for Melbourne's south-east families.
We aim to get you out of the legal system as quickly and cost-effectively as possible.
Getting started
Three simple steps to getting expert family lawyers on your side.
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Book your free discovery call
Meet our Carnegie team, discuss your situation and explore your options — no obligation, no jargon.
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Personalised strategy
We match you with the right lawyer and build a tailored plan around your goals and circumstances.
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Resolution & moving forward
We guide you to a fair outcome so you can move ahead with clarity and confidence.
When it comes to your children, getting it right matters more than anything. Our family lawyers will help you reach stable, practical parenting arrangements that keep your kids’ best interests at the centre of every decision.
Parenting agreements can be formalised in two ways:
(1) Parenting Plans are written agreements about the child/children that are signed by the parents. It deals with who the child shall live with, how they will spend time with the other parent and parental responsibility. These agreements are flexible and may be more appropriate for children who are very young, and arrangements are likely to change over a short period of time. However, parenting plans are not Court Orders, and the consequences for breaching a parenting plan are not the same as per Court Orders.
(2) Court Orders are Orders that are sealed by the Court. If a Court Order is breached by either parent, the Court can enforce consequences. Court Orders can be made by consent (without the need to attend court) or made by the Court if there is a dispute relating to parenting arrangements.
Deciding on the best parenting arrangements following separation requires careful consideration and advice on the advantages and disadvantages of each option.
No, but written agreements such as parenting plans or consent orders help reduce misunderstandings and provide clarity about each parent’s responsibilities.
You are generally required to attempt family dispute resolution before applying to court, unless an exemption applies. If unresolved, the court can make arrangements in the child’s best interests.
Yes. Arrangements can be updated by agreement or by court order if there has been a significant change in circumstances affecting the child.
At Hamilton Thomas Lawyers, we know that even with formal arrangements between parents for child support, additional costs are sometimes shared between the parents for the benefit of your children. Sending money between each other’s bank accounts is one option; some parents like knowing exactly where their money is going. Helping solve this problem is HelpPay.
An Australian company with a free-to-download app to share bills, with all payments going directly to the company that issued the bill, not a personal bank account. By providing a few details about a bill, HelpPay creates a link and a payment page to share the bill and pay it. HelpPay provides transparency for parents: anyone with the bill link can see what the bill is for, how much is owed, when it is due, and when payments are made.
Receipts are also sent to the person paying after each payment. Download HelpPay’s app for free at helppay.com.au/download. Please note that your child support obligations/rights are complex, and you should promptly seek independent advice following any separation. If you need further assistance in managing your parenting matters after separation, please get in touch with our Melbourne team of parenting arrangements lawyers, based in Carnegie.
It’s the foundation of every parenting decision in Australian family law, and it’s more than just a phrase.
Under s 60CA of the Family Law Act 1975 (Cth), the best interest of the child is the paramount consideration in every parenting matter. From 6 May 2024, the Family Law Amendment Act 2023 simplified and strengthened the framework. The Court now considers a single list of factors under s 60CC, with child safety placed first.
Those factors include:
Safety: protecting the child and each caregiver from family violence, abuse, neglect or other harm.
The child’s views: depending on age and maturity.
Developmental, psychological, emotional and cultural needs.
Each parent’s capacity to meet those needs.
The benefit of meaningful relationships with parents and other significant people, where it is safe to do so.
Anything else relevant to the child’s particular circumstances.
For Aboriginal and Torres Strait Islander children, the Court must also consider the child’s right to enjoy their culture, including connection with family, community, country and language.
The key shift in the 2023 reforms is this: safety comes before relationship. The benefit of a child having a relationship with a parent is weighed against, not assumed to outweigh, any risk that relationship poses.
Parental responsibility covers all the duties, powers, responsibilities and authority that parents have in relation to their child, including decisions about education, health, religion, cultural upbringing and significant changes to living arrangements.
Under s 61C of the Family Law Act, each parent has parental responsibility for their child unless a court order changes that. This applies regardless of whether the parents were married, in a de facto relationship, or never lived together.
When the Court makes parenting orders, it can allocate decision-making responsibility:
Jointly: both parents must consult each other and make a genuine effort to reach a joint decision on major long-term issues.
Solely: one parent has decision-making authority, either generally or for specific issues.
Issue-specifically: for example, one parent may have sole responsibility for schooling decisions while health decisions are made jointly.
Day-to-day decisions, what the child eats, what they wear, their routine while in your care, generally don’t require consultation with the other parent.
Joint decision-making works well when parents can communicate respectfully and focus on the child. Where there is family violence, entrenched conflict, or a significant power imbalance, sole or issue-specific decision-making may be more appropriate and safer.
Each family is different and we can assist in guiding you towards an arrangement that is in your child’s best interest.
No, and this is one of the most significant changes in recent years.
The presumption of equal shared parental responsibility under former s 61DA was repealed by the Family Law Amendment Act 2023, effective 6 May 2024. The statutory pathway that previously required the Court to consider equal time or substantial and significant time (former s 65DAA) was also removed.
This change was made because the old framework was widely misunderstood as creating a presumption of equal time, which it never did. The confusion caused real harm in cases involving family violence and risk.
Under the current law, the Court determines both decision-making and time arrangements by reference to the child’s best interests alone, no presumption, no formula.
Each parent continues to have parental responsibility under s 61C unless a court order changes that. When the Court makes orders, it may allocate decision-making responsibility jointly or solely, either generally or for specific issues such as schooling, health, religion or name.
The bottom line: there is no automatic 50/50, in time or in decision-making. What matters is what is best for your child.
You have several, and court is usually the last resort, not the first.
Family Dispute Resolution (FDR) is the starting point for most parenting disputes. Before filing a parenting application in the Federal Circuit and Family Court of Australia, you are generally required to attend FDR and obtain a certificate from a registered FDR provider under s 60I of the Family Law Act.
Exemptions apply where there is family violence, child abuse, urgency, or where a party is unable to participate effectively.
If FDR is unsuccessful or not appropriate, your options include:
Parenting plan: a written, signed agreement between the parties. Flexible and informal, but not legally enforceable.
Consent orders: a written agreement approved by the Court. Legally binding and enforceable, with the same force as orders made after a hearing.
Contested proceedings: if agreement cannot be reached, either party can apply to the Court for parenting orders. The Court will determine arrangements based on the child’s best interests.
Even after proceedings are filed, agreement can be reached at any stage, and most matters do resolve before a final hearing.
If your matter is urgent, for example, there is a risk of family violence, child abuse, or a child being removed from Australia, you can apply for urgent interim orders without first attending FDR.
Both are ways of formalising parenting arrangements, but they are not the same thing, and the difference matters.
A parenting plan is a written agreement signed and dated by both parents. It can be as detailed or as flexible as you like, covering where the children live, time with each parent, communication, school and health decisions, and how disputes will be resolved. It doesn’t require court approval and can be changed by agreement at any time. The downside: it is not legally enforceable. If one parent doesn’t follow it, you cannot bring a contravention application based on the plan alone. There is also no mechanism to register a parenting plan with the Court, if you want enforceability, a parenting plan is not the instrument to rely on.
A parenting order, including consent orders, is a Court order made under Part VII of the Family Law Act 1975 (Cth). Consent orders are made where both parties agree and ask the Court to formalise those arrangements. The Court is not a rubber stamp, it must be satisfied the proposed orders are in the child’s best interests, but in most straightforward cases, no court attendance is required. Once made, consent orders carry the same legal force as orders made after a contested hearing. Every person affected must comply. If a party breaches them, enforcement mechanisms are available, including make-up time, fines, bonds, costs orders, and in serious cases, imprisonment.
One important nuance: a later parenting plan can displace an existing parenting order if it is freely agreed, signed and dated, unless the order contains a clause stating it can only be varied by a further court order (s 64D of the Family Law Act 1975 (Cth)). Courts include such clauses where family violence, coercion, or safety concerns are present. If your orders contain one, a parenting plan cannot override them.
The practical guidance:
If your relationship with your co-parent is cooperative and communication is good, a parenting plan may be sufficient for now, with the option to formalise later.
If there is conflict, a history of non-compliance, family violence, or you simply want certainty and enforceability, consent orders are the better choice.
If international travel, passport issues, or third-party reliance (schools, medical providers, travel authorities) are in the picture, parenting orders provide protections a parenting plan simply cannot.
Every family is different, and the right mechanism depends on your specific circumstances, the level of trust between you and your co-parent, and what you need the arrangement to do. Some families start with a parenting plan and formalise it later; others go straight to consent orders from the outset. There is no one-size-fits-all answer, and getting advice early means you choose the right tool for your situation, not the one that feels easiest in the moment.
Everything relevant, and that obligation starts before you file anything.
Under Chapter 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, all parties to a parenting proceeding have a duty of full and frank disclosure. You must give the other party (and the Court) all information relevant to the parenting issues. The duty applies from the pre-action stage and continues until the matter is finalised.
In parenting proceedings, relevant documents can include:
Criminal records of either party.
Documents filed in intervention order proceedings concerning a party.
Medical reports about a child or parent.
School reports.
Letters and drawings by the child.
Photographs and diary entries.
Expert reports, which must be provided to all parties and any Independent Children’s Lawyer.
Before the first court date, you must file a written undertaking confirming that you have read the relevant rules, you are aware of your disclosure obligation, and that you have complied and will continue to comply. Signing a false undertaking is a criminal offence.
The consequences of non-disclosure in parenting proceedings are serious. The Court can exclude evidence, stay or dismiss your case, order costs against you, and, in the most serious cases, hold you in contempt of court. In parenting matters, the stakes are even higher because concealed information may go directly to the safety and wellbeing of a child.
Recent legislative changes have also expanded the Court’s ability to obtain information directly from agencies, including police, child protection authorities, and firearms licensing bodies, without needing the parties to produce it. The message is clear: there is no safe place to hide information in a parenting matter.
Generally, yes, but there are important exceptions.
Before filing a parenting application in the Federal Circuit and Family Court of Australia, you are required under section 60I of the Family Law Act 1975 (Cth) to make a genuine attempt to resolve the dispute through family dispute resolution (FDR). A registered FDR provider must issue you with a certificate confirming your participation before the Court will accept your application.
You can apply for an exemption, meaning you do not need to attempt FDR first, in the following circumstances:
Your matter is urgent.
There are reasonable grounds to believe there has been family violence or child abuse by a party, or that there is a risk of it.
A party is unable to participate effectively in FDR due to incapacity or physical remoteness.
The application relates to a contravention of an existing order made within the last 12 months, and the other party has shown serious disregard for their obligations.
If you are seeking an exemption based on family violence or child abuse, you are still required to obtain information from a family counsellor or FDR provider about the services and options available to you, you are simply not required to participate in FDR itself.
The pre-action procedures are designed to encourage early resolution and to narrow the issues if court proceedings do become necessary. They also impose obligations on both parties: to exchange relevant information and documents, to make genuine offers to resolve the dispute, and to respond appropriately to those offers. Non-compliance with the pre-action procedures can have costs consequences down the track.
Parenting orders are not suggestions, they are legal obligations, and breach has real consequences.
Under Division 13A of Part VII of the Family Law Act, if a party fails to comply with a parenting order without reasonable excuse, the Court can:
Order make-up time to compensate for time lost.
Vary or suspend the existing orders.
Require the non-complying party to enter into a bond.
Order the non-complying party to pay the other party’s legal costs.
Order the non-complying party to pay compensation for reasonable expenses lost.
Impose a fine.
In serious cases, order a sentence of imprisonment.
Order attendance at a post-separation parenting program.
The Court will consider whether the contravention was established, whether there was a reasonable excuse, and the seriousness of the breach. The child’s best interests remain central, the Court is not simply punishing non-compliance, but determining what response best serves the child.
One important point: you must take positive steps to comply with orders, not just avoid actively breaching them. If an order says your child is to spend time with the other parent, you must not only make the child available but positively encourage them to go.
If a party breaches an order and cannot be found, the Court can make a location order requiring government agencies and others to provide information about the party’s whereabouts. If a child is not returned as required, a recovery order can be issued to police to find and return the child.
Family violence is now the first consideration in every parenting decision, and the law has been significantly strengthened to reflect that.
Under the amended s 60CC, the Court must first consider what arrangements will promote the safety of the child and each person who has care of the child, including safety from family violence, abuse, neglect or other harm. Any history of family violence, abuse or neglect, and any current or historical family violence order, must be considered.
The Family Law Amendment Act 2024 also expanded the definition of family violence to include economic and financial abuse, controlling access to money, interfering with employment or income, and other forms of coercive control. This is not just a property issue, it is directly relevant to parenting risk assessment.
In practical terms, family violence may affect:
Whether a child lives with or spends time with a parent.
Whether time should be supervised, at a contact centre or with a nominated supervisor.
Whether changeovers should occur at school, a contact centre or another safe location.
Whether communication should be through a parenting app only (such as AppClose).
Whether one parent should have sole decision-making responsibility.
Whether an exemption from FDR applies.
Whether urgent interim orders are required.
If family violence allegations are live in your matter, an unrepresented party cannot personally cross-examine the other party at an interim or final hearing. A lawyer must conduct the cross-examination instead, under ss 102NA and 102NB of the Family Law Act.
If you are unrepresented, you can apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme for legal representation.
If you are in immediate danger, call 000. For legal support at court, the Family Advocacy and Support Service (FASS) provides free legal advice and support for people affected by family violence.
It depends on whether there are parenting orders in place, and the consequences of getting it wrong are serious.
If parenting orders are in place: taking a child from Australia without the written consent of the person in whose favour the order is made, or without a court order permitting travel, is a criminal offence under s 65Y of the Family Law Act 1975 (Cth) carrying a maximum penalty of three years’ imprisonment. This applies even if you are the primary carer. Authenticated written consent is a formal requirement, a text message or email is not enough.
For interstate travel, the position depends on the terms of your orders. If the orders don’t address it, you should seek the other parent’s agreement in writing. If agreement can’t be reached, apply to the Court.
For international travel, the Court can make orders requiring a child’s passport to be delivered up if there is a risk of removal. Orders can also specify that neither parent may take the child overseas without the other’s written consent, or without a court order.
If there are no orders in place: the criminal offence provisions are specifically tied to existing orders or pending proceedings. However, unilateral overseas travel is still not risk-free, the other parent can apply urgently for travel restraints, passport delivery orders, or placement of the child on the Family Law Watchlist. The Court can act quickly.
The safest approach is always to have travel arrangements addressed expressly in your parenting orders, and to communicate clearly with the other parent about any proposed travel well in advance.
Yes, but the threshold depends on whether the orders are interim or final.
Interim orders can be varied at any stage before final orders are made, as circumstances change or new information comes to light.
Once parenting orders are made, they remain in force until formally changed, regardless of changed circumstances, and regardless of what the parties have been doing in practice.
Verbal agreements to vary arrangements, informal understandings, and what you have been doing for the last six months do not alter the orders. Only a new court order, or a parenting plan entered into by both parties after the original orders were made, can do that.
To change existing parenting orders, you have two main options:
Parenting plan: if you and the other party agree on new arrangements, you can enter into a signed and dated parenting plan. A parenting plan made after the original orders were made can alter the effect of those orders (under s 64D of the Family Law Act 1975 (Cth)), unless the orders themselves specify that they can only be changed by a later court order. Remember, however, that a parenting plan is not enforceable.
Consent orders or a new application: if you want a legally enforceable variation, apply to the Court. If both parties agree, you can file consent orders. If there is a dispute, you will need to file an application, and in most cases, first attempt family dispute resolution.
Changing final parenting orders requires demonstrating a significant change in circumstances since the orders were made. The threshold is set to prevent endless re-litigation of parenting arrangements every time one party changes their mind. What qualifies will depend on the facts, changes in the children’s needs, a parent relocating, significant changes in a parent’s circumstances, or new safety concerns can all be relevant.
Before taking any action to change arrangements, get legal advice. Acting unilaterally, whether by refusing to comply with existing orders or simply changing what you have been doing, is not the answer, and can seriously damage your position in any future proceedings.
An Independent Children’s Lawyer (ICL) is a lawyer appointed by the Court to represent the interests of the child, independently of both parents.
An ICL is not the child’s solicitor in the traditional sense. They do not act on the child’s instructions. Their role is to assist the Court by advancing the child’s best interests, testing evidence, facilitating expert assessment, and ensuring the child’s views are appropriately before the Court.
An ICL may be appointed where there are allegations of abuse, neglect or family violence; high conflict or entrenched dispute; relocation; complex mental health issues; sibling separation; or where the child’s views require independent presentation.
Under the 2023 reforms, s 68LA(5A) now requires an ICL to meet with the child and give the child an opportunity to express their views, subject to exceptions where the child is very young, does not wish to meet, or exceptional circumstances apply.
An ICL can call witnesses, make submissions, obtain expert reports, and appeal. Costs orders can be made in favour of or against an ICL.
Whether an ICL is appropriate in your matter will depend on the children’s ages and maturity, the nature of the allegations, the level of conflict, and whether expert evidence is required.
Having an ICL involved is not a criticism of either parent. It is the Court ensuring that amid adult conflict, someone is squarely focused on what the child/ren actually need. In my experience, the best outcomes in complex parenting matters are those where both parents and the ICL are working constructively toward the same end: an arrangement that genuinely serves the children’s long-term wellbeing.
More than many parents expect, but it’s not a simple vote.
The Court must consider any views expressed by the child under s 60CC. Children are not required to express a view, and there is no fixed age at which a child’s preference becomes determinative. The weight given to a child’s views depends on:
Age and maturity.
The independence and consistency of the view.
Whether the child has been exposed to parental conflict, pressure or coaching.
Whether the view is consistent with the child’s overall welfare.
Children’s views are usually placed before the Court through a family report or child impact report prepared by a Court-appointed expert, through an ICL, or through a child-inclusive conference. Children do not usually give evidence directly in Court.
The older and more mature the child, the more weight their views will generally carry, but even a teenager’s preference is not automatically followed if it conflicts with their safety or welfare.
The Court’s task is not to give children what they want, but to make orders that genuinely serve their best interests, which sometimes means making orders a child doesn’t prefer, particularly where a preference has been shaped by conflict, alienation or exposure to adult issues.
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