Family Law
Parenting disputes
Nothing in law is fought over harder than children, and nothing rewards clear preparation more.
One test, applied to everything
Every parenting decision a court makes in Australia is measured against a single question: what is in the best interests of this child? Not what is fair between the parents, not what either parent deserves, and not what was agreed years ago. The child, now.
That test does two things. It removes a great deal of what people arrive wanting to argue about, and it puts a premium on evidence. The parent who can show the court a stable, safe, workable arrangement, supported by material rather than assertion, is the parent who is heard.
Our work is to help you build that picture honestly, to negotiate hard where negotiation will get there faster, and to litigate properly when it will not.
A parenting matter is not won in the courtroom. It is won in the six months of preparation that come before it.Lovemore Ndou, Principal Solicitor
What we handle
The full range of parenting matters
From an agreement drafted in a fortnight to a contested final hearing.
- Parenting plans and consent orders by agreement
- Contested parenting orders and final hearings
- Live with and spend time with arrangements
- Parental responsibility and major long term decisions
- Family dispute resolution and section 60I certificates
- Recovery orders and location orders
- Relocation, interstate and international
- Family violence, safety concerns and interim orders
- Contravention of existing parenting orders
- Child support, private agreements and departure applications
- Independent children's lawyers and family reports
- Children's Court care and protection proceedings
The path
How a parenting matter usually runs
Advice
We work out what arrangement you are actually seeking, and whether the law is likely to support it. Sometimes this conversation ends the dispute.
Dispute resolution
Family dispute resolution is required in most matters before you can file. Many parenting disputes resolve here, and consent orders make the outcome enforceable.
Filing and interim orders
If agreement is not reachable, we file. Interim orders put a workable arrangement in place while the substantive case is prepared.
Final orders
Evidence, family report, hearing, judgment. We appear with you the whole way.
Common questions
Parenting disputes, answered plainly
How does a court decide where a child lives?
The child's best interests are the paramount consideration. The court looks at safety first, then the benefit of a meaningful relationship with both parents, the child's views according to their maturity, the practical realities of each household, and the capacity of each parent to meet the child's needs.
Is there an automatic right to equal time?
No. There is no presumption that a child spends equal time with each parent. Equal time is one arrangement among several, and it is ordered where it is in the child's best interests and reasonably practicable.
Do I have to try mediation first?
In most parenting matters, yes. You generally need a section 60I certificate from a registered family dispute resolution practitioner before you can file. Urgency, family violence or child abuse are recognised exceptions.
What if my child is not returned to me?
We can apply urgently for a recovery order, and where a child's whereabouts are unknown, for a location order. These are brought quickly and we can act on short notice.
Can I move interstate or overseas with my child?
Not unilaterally where there are existing orders or the other parent objects. Relocation applications are among the hardest matters in family law and they need to be prepared thoroughly, well before you move.
Speak to Lovemore
Your children are worth doing this properly
Book a consultation with Lovemore and get a clear read on where your parenting matter stands.
- Phone
- 0450 500 301
- lovemore@lovemorelawyers.com
- Office
- 94a Railway Street, Rockdale NSW 2216