While the term “sole custody” is no longer used, a court can grant sole parental responsibility to one parent in certain cases, such as when there are safety concerns, family violence, or high conflict. This means one parent makes all major decisions. Our team can advise you if sole responsibility is appropriate for your case. Even in sole responsibility cases, the court may still order time with the other parent, depending on what is safe and appropria

Yes. Parenting arrangements can be changed if circumstances significantly change—such as relocation, changes in the child’s needs, or safety concerns. Ideally, changes are made by agreement between parents, but court orders can also be varied. Legal advice ensures any updates are appropriate, enforceable, and in your child’s best interests. Having updated arrangements in writing helps avoid confusion and ensures both parents understand their responsibilities as circumstances evolve.

If parents can’t agree, mediation is usually the first step. If mediation fails or isn’t appropriate, the matter may proceed to court. The Family Court will make a decision based on the child’s best interests. Our lawyers can assist with negotiation, represent you in court, and advocate for a fair outcome. It’s important to approach disputes calmly and constructively, as high-conflict cases can cause unnecessary stress for both parents and children.

Parenting arrangements are made based on what’s in the best interests of the child. The court considers factors like the child’s relationship with each parent, safety, and the ability of parents to cooperate. In most cases, the goal is to ensure children have meaningful relationships with both parents, wherever appropriate and safe. Additional considerations may include the child’s views (depending on their age and maturity) and the practicalities of any proposed arrangements.

Not always. Many parents can agree informally or draft a written parenting plan. However, if there’s conflict or concerns about enforcement, a formal consent order through the Family Court is advisable. Our lawyers can help you decide the best approach based on your situation and ensure the terms are legally sound. A formal agreement gives both parents certainty and is especially helpful if future disagreements or misunderstandings are likely to arise.

In Australia, the term “child custody” has been replaced by “parental responsibility” and “parenting arrangements.” These cover who the child lives with, how time is shared, and who makes important decisions. The Family Court focuses on the child’s best interests when determining arrangements, encouraging both parents to remain actively involved in the child’s life. This approach shifts the focus away from parental rights and toward creating stable, child-centred arrangements that foster consistency and emotional security.