Child Custody Lawyers Sydney
Child Custody and Parenting Lawyers in Sydney CBD
Most people arrive here searching for “custody”. We understand what you mean, even if the legal wording you meet later looks quite different. You want to know where your children will live and how the next few weeks might work. If you searched for child custody lawyers Sydney CBD, MSA Legal can help you understand your options. Start with what is worrying you right now. Our Sydney family lawyers can discuss the arrangements you need and what can be done next, without expecting you to arrive with every answer already worked out in your head.
“Custody” and What Australian Law Actually Calls It
“Custody” is a globally known word, but it is no longer used officially. This is why you might not find child custody lawyers in official documents. Australian family law replaced custody and access in 1996, with “lives with” and “spends time with” following in 2006. Then there is parental responsibility, which, put simply, means the legal duties and authority you have concerning your child.
That covers care and decisions that matter over time. Your child sleeps at your place. Does that settle who decides about school or health? Not by itself. We explain these differences because, before asking for arrangements, you need to know what you are actually asking for.
How Parenting Arrangements Are Decided
Your child’s best interests come first. That is the court’s paramount consideration, rather than what feels equal between adults. The court considers safety for children and carers, including family violence and any abuse or neglect. Your child’s views matter. So do their developmental needs and psychological and emotional wellbeing, alongside cultural needs and each carer’s ability to meet those needs.
Safe relationships with parents and other significant people count, together with anything else relevant. Aboriginal and Torres Strait Islander children have specific rights to enjoy their culture. Where family violence affects safety, tell us early.
Common Parenting Disputes We Act In
Some things need sorting out sooner than you expected. You may be trying to work out what happens with the children while, at the same time, the bills and questions about the home keep turning up as well. As a family law firm Sydney clients can contact about these concerns, MSA Legal can discuss the issues below and help you work out where to begin.
Reaching an Agreement Without Going to Court
Start with an agreement where it is safe. Negotiation through lawyers can help you put forward a proposal without another difficult conversation going around in circles. Our parenting order lawyers can advise on the terms before anything is signed. Before a contested application, you generally need to attempt family dispute resolution and obtain a section 60I certificate, unless an exemption applies. Ask your child custody lawyer more about this.
Urgency or concerns involving family violence or child abuse may support an exemption; inability to participate effectively can also matter. Our family law mediation page explains that requirement and how our child custody lawyers can handle that problem for you.
Parenting Plans, Consent Orders and Court Orders
You have agreed on arrangements. That helps, but how you write them down matters. A parenting plan is signed and dated, and records what you agreed to. It is not legally enforceable. Signing it does not change that. Consent orders go further: you agree on the arrangements, then ask the court to approve them after considering your child’s best interests.
They are enforceable court orders. If you cannot agree, the court can hear the evidence and decide the arrangements itself. A lawyer for parenting orders can explain what each option would actually mean for your family.
How to Apply for Parenting Orders
First, attempt family dispute resolution if required. You then obtain a section 60I certificate or seek an exemption where eligible. Next, prepare an Initiating Application explaining the orders you want, with all the required supporting documents. A parenting orders lawyer Sydney families consult can help.
File the completed application with the Federal Circuit and Family Court of Australia, then arrange formal service on the other parent. You can request interim orders covering temporary arrangements while proceedings continue. Final orders follow agreement approved by the court or a judge’s decision after the remaining issues are heard.
Changing or Enforcing an Existing Parenting Order
An existing order may need revisiting as things change. If everyone agrees, you can apply for consent orders reflecting the proposed changes. Without agreement, an application to reconsider final orders involves the court considering whether circumstances have significantly changed and whether reconsideration serves your child’s best interests.
A parenting orders lawyer can assess that question before you apply. Later parenting plans can affect existing orders in some circumstances, so obtain advice from a child custody lawyer before signing one. If an order is not being followed, keep a record and seek advice from child custody lawyers about your options rather than changing arrangements yourself.
When Parenting Orders Are Not Followe
A contravention can occur when someone intentionally fails to follow a parenting order or makes no reasonable attempt to comply. A reasonable excuse may affect how the court deals with it, and then, your custody child lawyer has options to work with. Book a consultation to discuss what happened and what lawyer will advise you for the situation.
When Parenting Matters Go to Court
Court may be needed when disagreement continues or a child’s safety requires urgent attention. The first court date usually deals with managing the case, rather than deciding everything straight away. Interim hearings may address immediate arrangements. The court may also seek a family report or appoint an Independent Children’s Lawyer where appropriate.
Opportunities to settle can continue where safe. If issues remain unresolved, a judge considers the evidence at a final hearing. You may also need advice about divorce or a property settlement, alongside the decisions being made about your child’s day to day care.
Why Choose MSA Legal
Searching for the best child custody lawyers Sydney can offer, usually starts with wanting someone who will listen. At MSA Legal, you can discuss your concerns with a solicitor at a free initial consultation. Miray Azzi leads our boutique Sydney CBD practice and brings over 14 years of legal experience, including work in the public and private sectors. We explain your options in plain language. Zoom consultations are available when getting into the city is difficult, and you can ask about fixed fee options for suitable work before deciding how to proceed with your matter.
Speak to Miray Azzi – Experienced Sydney Child Custody Lawyer
It’s normal to not have everything fully worked out at the moment. You don’t have to have a plan, documents gathered, or anything for that matter when you’re planning to speak to Miray Azzi. Don’t worry about these things and don’t hesitate to call because the free consultation is free.
Call or email and arrange a meeting in person or via Zoom and discuss with Miray about your situation. You will also receive information and understand all details that come with the case. Let someone with experience handle the stressful moments for you and call Mirray Azzi, a Sydney child custody lawyer.
Book a Free ConsultationFrequently Asked Questions
Is “custody” still the right word in Australia?
People still say “custody”, yes. You may have searched for it yourself. Legally, though, custody and access were replaced in 1996, with “living with” and “spending time with” wording following in 2006. Searching for child custody family lawyers Sydney brings you to advice about parenting arrangements and parental responsibility, which is what the law actually deals with in these matters.
How is it decided who the children live with?
Parents can agree where their children will live, provided the arrangements are safe. If the court must decide, your child’s best interests are the paramount consideration. The court looks at safety and your child’s needs, as well as their views and each carer’s capacity. There is no automatic rule that children must spend equal time living with each parent.
Do mothers automatically get the children?
No. Australian family law does not give mothers an automatic entitlement to have children live with them. Fathers do not receive an automatic entitlement either. The focus is your child’s best interests, including safety and the care each person can provide. Past caregiving can be relevant, but a parent’s gender does not decide the outcome of a parenting dispute.
At what age can a child decide which parent to live with?
There is no fixed age under 18 when a child automatically gets to choose. Their views are considered alongside the other best interests factors, with weight depending on their maturity and circumstances. An older child’s wishes may carry considerable weight, but they do not decide the case alone. Children should not be pressured to choose between their parents.
What is the difference between a parenting plan and a parenting order?
A parenting plan puts what you agree on in writing. You both sign and date it, but that alone does not make it legally enforceable. A parenting order comes from the court. It can be enforced, whether you agreed or needed a hearing. A later plan can sometimes affect an existing order, so get advice before signing something new.
Do we have to go to court to sort out parenting arrangements?
You often do not need a contested court case. Negotiation or family dispute resolution may help you agree, where it is safe. You can put that agreement in a parenting plan. For legally enforceable terms, you can apply for consent orders, usually without attending a hearing, so agreeing does not automatically mean having to argue everything before a judge.
Do I need a mediation certificate before applying for parenting orders?
Usually, yes. A section 60I certificate is generally needed before starting contested parenting proceedings, although an exemption may apply. Urgency can matter. So can family violence or child abuse, and there are other exceptions too. You do not need this certificate for consent orders. Get advice first, rather than assuming you must attend mediation or can simply leave it out.
Can an existing parenting order be changed?
Yes, an order can be changed. How you go about it depends on whether everyone agrees. Agreed changes can become consent orders. Without agreement, the court considers whether circumstances have significantly changed and must be satisfied that looking at final orders again serves your child’s best interests. Wanting something different may not be enough, so get advice before you apply.
What happens if the other parent breaches a parenting order?
Not following an order can amount to a contravention. What actually happened matters, though, including whether there was a reasonable excuse. Keep the order and any relevant messages. They help you explain the situation without relying on memory alone. Options are available, so book a consultation to discuss what happened and get advice about what you can do next.
How much does a child custody lawyer cost in Sydney?
Costs depend on what needs doing. For Sydney child custody lawyers, reaching agreed terms involves different work from preparing for contested hearings. MSA Legal offers a free initial consultation. Start there. Ask for an estimate that explains the work and any extra expenses, including court fees where relevant. Fixed fee options may be available, depending on the particular work involved.
