Family law parenting matters cover the arrangements parents make for their children after a marriage or de facto relationship breaks down: where the children will live, how time is divided between parents, who makes major decisions about education and healthcare, and how child support is managed.
These decisions are rarely straightforward. An experienced child custody lawyer in Canberra family law can help you understand your options, your obligations, and what the court would consider if you and your former partner can’t reach agreement.
Every parenting decision under Australian family law comes back to one question: what is in the best interests of the child?
With the Family Law Amendment Act 2023, the court weighs six considerations when working this out:
Family lawyers, mediators, and family dispute resolution practitioners all play a part in helping to achieve workable arrangements that are in your children’s best interests.
We’re not just legal professionals – we’re your partners through one of life’s most challenging moments. With years of experience in family law Canberra, our team offers a compassionate, client-focused approach that delivers the best possible outcomes. Whether you are navigating separation and divorce, property settlement, child custody, domestic violence, or wills, our goal is to guide you with clarity, minimise conflict, and achieve lasting results.
We believe the legal process should feel supportive, not overwhelming. Our approach is transparent, personalised, and focused on helping you feel informed and empowered from day one.
Our team isn’t just made up of experienced family lawyers, we’re real people who care deeply about helping others through life’s most challenging moments. With a calm, compassionate approach and a strong focus on outcomes, we’re here to guide you with clarity and confidence.
No matter what you’re facing, you don’t have to go through it alone.
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Got questions? You’re not alone. We’ve answered some of the most common queries clients ask when navigating family law. If you’re still unsure, we’re just a call away.
Since 6 May 2024, Australian family law decides parenting arrangements based on the best interests of the child, with safety now the leading consideration. There is no automatic preference for either parent and no longer a presumption of equal shared decision-making.
Courts also weigh your child’s views and needs, each parent’s capacity to care for them, and the benefit of a meaningful relationship with both parents where it is safe. Most parents reach agreement without going to court, through a parenting plan or consent orders. Our Canberra family lawyers can help you understand how these principles apply to your situation.
Equal shared (50/50) care arrangements are achievable, but they aren’t automatic. The 2024 amendments to the Family Law Act removed the presumption of equal shared parental responsibility, so courts now decide each case on its individual facts. Equal-time arrangements work best where parents live nearby, communicate well, and the schedule suits the child’s age and routine.
Read more on our guide on 50/50 custody. Our team of Canberra family lawyers will be able to guide you with the best pathway for your family.
There is no fixed age. Children cannot legally choose which parent to live with until they turn 18. The court will, however, give weight to a child’s views, with more weight as they mature. By around 14 to 16, a child’s views often carry significant weight if they’re considered mature and articulate. Their views are usually presented through a Family Report or an Independent Children’s Lawyer, not directly. We can advise on how your child’s views are likely to be considered in your case.
A parenting plan is a written agreement between parents that isn’t legally enforceable. Consent orders are formal court orders that are legally binding. Parenting plans are faster and more flexible, and suit cooperative co-parents. Consent orders are filed with the Federal Circuit and Family Court of Australia and are stronger if you want enforceability or the relationship is high-conflict. Many families start with a plan and convert to consent orders later. Our child support lawyers in Canberra can help you with either options.
Read our guide on parenting plan vs consent orders.
Services Australia calculates child support using a formula based on both parents’ incomes, the percentage of nights each parent cares for the child, and the cost of raising children at different ages. Parents can also enter a private Binding or Limited Child Support Agreement that overrides the formula, provided it meets strict legal requirements. Special circumstances, like private school fees, can sometimes justify a Change of Assessment. If your assessment doesn’t reflect reality, we can review it and advise on your options.
Child support covers a child’s day-to-day living costs: food, clothing, housing, utilities, basic schooling, and medical expenses.
It is not intended to cover extras like private school fees, private health insurance, or extracurricular activities unless agreed in a Binding or Limited Child Support Agreement.
There is no requirement for the receiving parent to itemise spending. For children with special needs or significant additional costs, a Change of Assessment or private agreement can help.
We help Canberra parents structure agreements that fit their family.
Timeframes vary widely depending on the resolution pathway. Most agreed parenting plans or consent orders can be finalised within a few weeks. Mediated outcomes typically take a few months. Litigated matters take the longest: expect 3 to 4 months for a first return date after filing, and up to a 2-year wait for a Final Hearing at the Canberra Registry. Out-of-court resolutions are almost always faster and less expensive. Our family lawyer team will give you a realistic timeline at your first consultation.
Upon receiving your enquiry, our team will schedule an initial consultation to thoroughly understand your needs, preferences, and the specifics of your situation.
