Child Custody Lawyers in Dandenong
Recent Legal Reforms: Putting Your Child First
As of 2024, the Family Law Act 1975 was updated to remove any assumption of equal shared parental responsibility, recognising that fairness doesn’t always mean equality—especially when family violence or repeated conflict is present. The updated guidelines emphasise the child’s emotional, physical, and developmental welfare as the foundation for all parenting arrangements. Courts now assess each situation based on the child’s unique needs, rather than applying one-size-fits-all rules.
A skilled Dandenong child custody lawyer will help ensure that your parenting plan truly reflects what’s best for your child’s overall well-being.
Child Custody and Parenting Arrangements in Victoria
What Is Child Custody in Australia?
In Australia, the term “child custody” is now referred to more commonly as “parenting arrangements” under the Family Law Act 1975. Rather than awarding custody to one parent, courts focus on how parental responsibilities and time with each parent can best support the child’s development, safety, and wellbeing.
Under the law, the child’s best interests are always the most important factor. This means courts will consider:
- The child’s relationship with each parent
- The child’s views (depending on age and maturity)
- Any history of family violence or abuse
- Each parent’s capacity to provide for the child’s needs
Equal Shared Parental Responsibility: What It Means and What It Doesn’t
Before the 2024 reforms, there was a presumption of equal shared parental responsibility—but this has now been removed. The law no longer assumes that both parents should automatically share responsibility. Instead, the court examines each case individually.
This shift acknowledges that shared decision-making isn’t always in the child’s best interest—especially in cases involving violence, neglect, or high levels of conflict.
It’s important to note that equal responsibility is different from equal time. Even if both parents share responsibilities, that doesn’t mean the child will spend 50/50 time with each parent.
How to Make Parenting Arrangements
There are two main ways to formalise custody or parenting time:
1. Parenting Plan
- A written agreement signed by both parents
- Outlines where the child lives, time spent with each parent, and other responsibilities
- Flexible but not legally enforceable
2. Parenting Orders
- Legally binding orders made by the Family Court or Federal Circuit and Family Court of Australia
- Can be made by consent (if both parties agree) or by court decision
- Enforceable and carry legal consequences for non-compliance
In Dandenong, many families first try to resolve parenting matters through mediation before seeking formal orders.
What Happens When Parents Can’t Agree?
If you and your co-parent can’t reach an agreement through negotiation or mediation, either party can apply for parenting orders in court.
- The court may require:
- A Family Dispute Resolution certificate (unless there are exceptions such as family violence)
- Statements and evidence regarding the child’s needs and living conditions
- Reports from independent children’s lawyers or psychologists, in complex cases
- While going to court can be stressful, it's sometimes necessary to ensure the child’s wellbeing—especially in high-conflict or unsafe situations.
Handling Relocation Disputes: Staying in Touch, Even from Afar
Moving—even within Victoria—can deeply affect a child’s relationship with their other parent. Relocation disputes may arise if one parent wants to move away. Courts will weigh:
- Your child’s best interests above all.
- Reasons for relocation, such as better work, schooling, or family support.
- Impact on ongoing relationships, including what arrangements (like extra time during holidays or virtual visits) can keep bonds strong.
- Dandenong Family Lawyers can guide your preemptive planning for such moves or assist in court proceedings and alternative arrangements.
When You Need an Expert: Complex Custody Situations
- High‑conflict separations where communication has collapsed
- Situations involving family violence or abuse
- Disputes over relocation or changes to living arrangements
- Doubts about a parent’s capacity to provide a safe, caring environment
- Our Dandenong team is dedicated to helping you understand your rights and advocating for arrangements that prioritise your child’s security and stability.
How Our Dandenong Lawyers Support You
- Tailored parenting plans designed for your family’s situation and your child’s best interests.
- Protection and safety strategies, especially where family violence or welfare concerns are involved.
- Representation in mediation or court, ensuring your voice is heard.
- Support through emotional challenges, so you’re not going through this alone.
- With our local presence and strong relationships with Dandenong courts, we’re equipped to deliver responsive and effective assistance.
FAQs About Child Custody in Dandenong
There’s no automatic default. Courts look at the child’s best interests, assessing safety, welfare, and both parents’ roles.
No—sole responsibility orders are rare and granted only when absence is continuous and detrimental to the child’s welfare.
Costs vary widely. Straightforward negotiations may cost a few thousand dollars; contested court applications can exceed tens of thousands. We’ll provide a tailored estimate at your consultation.
Bring any court orders, school info, evidence of communication (e.g. messaging), financial documents, and medical or welfare reports. These help build a strong case.
Ready to talk? Reach out to schedule a meeting and start crafting a parenting arrangement that protects your child and secures your peace of mind.