Parenting Orders Lawyers Melbourne
Help with parenting orders, parenting plans and child arrangements for families in Melbourne and wider Victoria.
Parenting Orders Lawyers Melbourne
Clear, practical advice for parenting orders, parenting plans and child arrangements.
Parenting orders lawyers Melbourne searches usually come from parents who need more certainty than an informal arrangement can provide. Our family lawyers Melbourne team helps parents understand their options, prepare sensible proposals and respond when urgent or difficult parenting issues arise. Parenting orders can set out:
We understand how stressful parenting matters can be. Our experienced family lawyers take the time to listen, explain your options, and support you with clear advice at each step.
The right advice early can reduce confusion, protect your position and help you choose a path that matches the urgency of your situation. We will explain the legal process, the practical risks and the documents or evidence that may matter before you make decisions.
Awards
Winning
What parenting orders can deal with
Parenting orders can cover a wide range of arrangements for children after separation. They are made under the Family Law Act 1975, which is national legislation. Depending on your situation, parenting orders can deal with:
- Who children live with and how much time they spend with each parent.
- Changeover arrangements, holidays, birthdays and special occasions.
- Communication between children and parents.
- Parental responsibility for long-term decisions such as schooling, health and religion.
- Travel, relocation, passports and interstate or overseas movement.
- Safety concerns, family violence allegations and risk management.
Where possible, we look for a practical resolution first. Where court action is necessary, we help you prepare with clear documents, focused evidence and a strategy that keeps the main issues in view.
When parenting order advice is important
You should get advice if communication is breaking down, a parent is withholding time, there are safety concerns, a relocation is proposed or informal arrangements are no longer working.
The aim is not always court. Many matters can be resolved by agreement, but advice helps you put forward proposals that are realistic and child-focused. It can help to seek advice when:
- Communication with the other parent is breaking down.
- A parent is withholding time with the children.
- There are safety or family violence concerns.
- A relocation, interstate move or overseas travel is proposed.
Family law decisions can affect children, housing, finances, business interests and future security. Getting advice does not commit you to a dispute. It helps you understand your position before informal arrangements become difficult to unwind.
Family law advice in Melbourne and across Victoria
Parenting matters for Melbourne families may be resolved through negotiation, mediation, consent orders or the Federal Circuit and Family Court of Australia.
Where a court pathway is required, matters may be connected with the Melbourne registry. Unified Lawyers Melbourne supports clients across the CBD, suburbs and wider Victoria. We can also help with related matters such as child custody, consent orders and matters before the Melbourne family court.
We encourage clients to work toward an agreement where it is safe and appropriate. This can keep costs lower and reduce conflict, while keeping the focus on the children.
Where agreement is not possible, you will be supported by a team that works only in family law. We also assist with related issues, including advice for dads and mums, and domestic violence and intervention order matters.
How we help
Every family is different. To give you a sense of how we approach parenting matters, here is a typical pathway we follow with clients.
1
Understand the Current Arrangements
2
Assess Safety and Urgency
3
Consider Dispute Resolution
4
Prepare Proposals or Court Material
Speak with a Melbourne parenting orders lawyer
Get advice about parenting orders, parenting plans, parental responsibility or urgent child arrangements. We offer a free confidential consultation with one of our experienced family lawyers.
In this session, we will take the time to understand your situation, ask the right questions and provide clear advice on your options and what to expect next.
Your first conversation is confidential and focused on helping you understand your options.
The legal test
How a court decides: the best interests of the child
When a court makes parenting orders, the child’s best interests are the paramount consideration. Following reforms to the Family Law Act that commenced in 2024, the framework was simplified into a focused set of considerations. Safety now sits at the centre of the assessment.
Safety of the child
What arrangement best promotes the safety of the child and the people who care for them, including protection from family violence, abuse or neglect.
The child’s views
Any views expressed by the child, given weight according to their maturity and level of understanding rather than a fixed age.
The child’s needs
The developmental, psychological, emotional and cultural needs of the child, and the capacity of each parent to meet them.
Each parent’s capacity
The ability of each person who has or seeks parental responsibility to provide for the child’s needs, now and in the future.
Benefit of relationships
The benefit to the child of being able to maintain relationships with each parent and with other people who are significant to them, where it is safe to do so.
Anything else relevant
Any other circumstance relevant to the particular child, with additional considerations applying for Aboriginal and Torres Strait Islander children and their connection to culture.
Knowing the difference
Parenting plan, consent orders or parenting orders
These three options are often confused, but they differ in one crucial way: whether they can be enforced. A parenting plan is flexible but not binding, while consent orders and parenting orders carry the full weight of the court.
Parenting plan
A written, signed and dated agreement between parents. Not filed with a court.
How it is made
Parents write and sign it themselves, with or without a lawyer’s help.
Is it enforceable?
Not legally enforceable on its own. A court can take it into account later, but it cannot be enforced like an order.
Court involvement
None. It is a private agreement.
Often suits
Parents who are co-operating and want a flexible arrangement they can adjust by agreement.
Consent orders
Orders the court makes by consent, based on an agreement the parents have reached.
How it is made
Parents agree, then apply to the court to have the agreement made into orders.
Is it enforceable?
Fully enforceable. They have the same effect as orders made after a hearing.
Court involvement
The court reviews the proposed orders and must be satisfied they are in the child’s best interests.
Often suits
Parents who agree but want the certainty and enforceability of a court order.
Parenting orders
Orders made by the court, often after a contested hearing where parents do not agree.
How it is made
The court decides and makes the orders, after considering the evidence.
Is it enforceable?
Fully enforceable. Breaching them can lead to a contravention application.
Court involvement
Full. The court hears the matter and determines the arrangements.
Often suits
Parents who cannot agree and need the court to decide the arrangements.
Before you apply
The mediation and section 60I certificate requirement
For most parenting disputes, going straight to court is not the first step. The law requires parents to attempt family dispute resolution first, and to obtain a certificate before they can file. Understanding this pre-action requirement can save significant time and cost.
Attempt family dispute resolution
Before applying to a court for parenting orders, you must generally make a genuine effort to resolve the dispute through family dispute resolution, a form of mediation run by an accredited practitioner.
Obtain a section 60I certificate
If the matter is not resolved, the practitioner issues a section 60I certificate. It records that you attempted, or genuinely tried to attempt, dispute resolution.
File with your application
The certificate is filed with your application for parenting orders. Without it, a court will usually not hear the matter unless an exception applies.
When the requirement does not apply
- There has been, or is a risk of, family violence or child abuse.
- The matter is urgent.
- One party is unable to participate effectively, for example due to distance, incapacity or other reasons.
- The application relates to a breach of an existing order made in the last 12 months.
When orders are not followed
What happens when parenting orders are breached
Parenting orders are legally binding. When one parent does not follow them without a reasonable excuse, the other parent can ask the court to step in through a contravention application. How the court responds depends on the seriousness of the breach.
What counts as a breach
A contravention happens when a person bound by an order does not comply with it without a reasonable excuse, for example withholding a child or not following the agreed time arrangements.
Making a contravention application
The other parent can file a contravention application asking the court to deal with the breach. The court first looks at whether an order was in place, whether it was breached, and whether there was a reasonable excuse.
What a court can order
Outcomes range from varying the orders or ordering make-up time, to attendance at a parenting program, a fine, a bond, costs orders and, in the most serious cases, imprisonment.
Special situations
Relocation and overseas travel
Few issues cause more conflict than one parent wanting to move away or travel overseas with the children. Both raise particular legal rules, and acting without agreement or a court order can have significant consequences.
Relocation
Relocation is a move that would significantly affect the child’s ability to spend time with the other parent, whether interstate or a long distance within the same state. A parent generally cannot relocate with a child unilaterally if it disrupts existing arrangements or orders.
If parents cannot agree, the parent who wishes to move can apply to the court. The court weighs the move against the child’s best interests, including the benefit of maintaining a relationship with both parents. Moving without consent or a court order can lead to a recovery order requiring the child’s return.
Overseas travel
Once a parenting matter is before the court, or orders are in place, taking a child overseas without the other parent’s consent or a court order can be a serious offence. It may also breach existing orders.
If there is a real risk a child may be taken overseas and not returned, a parent can ask the court to place the child on the Family Law Watchlist, which alerts authorities at airports. For planned holidays, it is best to agree the dates, destination and return in writing, or to seek orders that set out how overseas travel will work.
600+
5 Star Reviews and Thousands of Lives Transformed
At Unified Lawyers, results matter because they matter to you. We’ve helped more than 8000+ clients across Australia resolve their family law matters with care and expertise.
Andrew Benz
Jessica O’Brien handled my matter which involved drawing up a formal agreement for the division of property post-separation which was filed with the courts. This was done in a highly efficient, very professional and low stress way, minimising costs and time. Jessica is a very kind, warm and empathetic person who genuinely cares. She listens to you carefully and is keen to know what outcomes you wish to achieve and how you want to go about things, consulting with you throughout the whole process. Separation and divorce are invariably highly stressful life events and the way that Jessica handled everything really reduced this stress. Thank you once again, Jessica.
Shaymaa El Kafrawy
I cannot recommend Mark Youssef and the team at Unified Lawyers highly enough. Going through family law proceedings was one of the most difficult experiences of my life, but having Mark represent me made an enormous difference. Before working with him, I had already been represented by two other lawyers, and the level of support, organisation, strategy, and dedication I received from Mark was truly on another level. From day one, I felt supported and protected. Mark and his team were always responsive, professional, and prepared. No matter how stressful the situation became, I always knew my matter was being handled with care, attention, and genuine commitment. What impressed me most about Mark was not only his strong legal knowledge and courtroom presence, but also how deeply invested he was in achieving the best possible outcome. He is incredibly strategic, detail-oriented, and calm under pressure. Throughout the case, I felt like I had a whole team fighting for me every step of the way.
Felicia Richards
I can’t thank Santino enough for his support, professionalism, and guidance throughout our matter. His level of knowledge, compassion, and dedication has been unmatched. He has a rare ability to balance exceptional legal expertise with genuine care and understanding, making an incredibly difficult process feel far more manageable. I always felt supported, informed, and confident knowing Santino was in my corner. I wouldn’t hesitate to recommend him to anyone seeking a compassionate, dedicated, and highly skilled lawyer.
Jimmy Vu
I cannot thank Eliza Harley enough for helping me through my family law matter. She was very professional, compassionate and took the time to explain the processes clearly. Her expertise helped me navigate a challenging situation with confidence. I would highly recommend her for anyone seeking any legal assistance regarding family law.
Georgina
I highly recommend Unified Lawyers and especially Jessica Adamovich. She handled our family law matter with the utmost professionalism and was always willing to listen to our concerns and expectations. Thankfully due to her professionalism we were able to achieve the outcome we had hoped for
Ellen Cook
I am beyond thankful for Andrew Morrison and his team at Unified Lawyers. From the first phone call, Andrew listened to me and provided helpful information about my separation. The initial appointment helped me unpack my options and empowered me to know what to do next. Andrew was quick to reply to emails and was there to help. He successfully helped me seperate well from my ex without having to go to court and I can not thank him enough for this. I highly recommend Andrew Morrison!
Andrew Benz
Jessica O’Brien handled my matter which involved drawing up a formal agreement for the division of property post-separation which was filed with the courts. This was done in a highly efficient, very professional and low stress way, minimising costs and time. Jessica is a very kind, warm and empathetic person who genuinely cares. She listens to you carefully and is keen to know what outcomes you wish to achieve and how you want to go about things, consulting with you throughout the whole process. Separation and divorce are invariably highly stressful life events and the way that Jessica handled everything really reduced this stress. Thank you once again, Jessica.
Shaymaa El Kafrawy
I cannot recommend Mark Youssef and the team at Unified Lawyers highly enough. Going through family law proceedings was one of the most difficult experiences of my life, but having Mark represent me made an enormous difference. Before working with him, I had already been represented by two other lawyers, and the level of support, organisation, strategy, and dedication I received from Mark was truly on another level. From day one, I felt supported and protected. Mark and his team were always responsive, professional, and prepared. No matter how stressful the situation became, I always knew my matter was being handled with care, attention, and genuine commitment. What impressed me most about Mark was not only his strong legal knowledge and courtroom presence, but also how deeply invested he was in achieving the best possible outcome. He is incredibly strategic, detail-oriented, and calm under pressure. Throughout the case, I felt like I had a whole team fighting for me every step of the way.
Felicia Richards
I can’t thank Santino enough for his support, professionalism, and guidance throughout our matter. His level of knowledge, compassion, and dedication has been unmatched. He has a rare ability to balance exceptional legal expertise with genuine care and understanding, making an incredibly difficult process feel far more manageable. I always felt supported, informed, and confident knowing Santino was in my corner. I wouldn’t hesitate to recommend him to anyone seeking a compassionate, dedicated, and highly skilled lawyer.
Jimmy Vu
I cannot thank Eliza Harley enough for helping me through my family law matter. She was very professional, compassionate and took the time to explain the processes clearly. Her expertise helped me navigate a challenging situation with confidence. I would highly recommend her for anyone seeking any legal assistance regarding family law.
Georgina
I highly recommend Unified Lawyers and especially Jessica Adamovich. She handled our family law matter with the utmost professionalism and was always willing to listen to our concerns and expectations. Thankfully due to her professionalism we were able to achieve the outcome we had hoped for
Ellen Cook
I am beyond thankful for Andrew Morrison and his team at Unified Lawyers. From the first phone call, Andrew listened to me and provided helpful information about my separation. The initial appointment helped me unpack my options and empowered me to know what to do next. Andrew was quick to reply to emails and was there to help. He successfully helped me seperate well from my ex without having to go to court and I can not thank him enough for this. I highly recommend Andrew Morrison!
Frequently Asked Questions About Parenting Orders
What is a parenting order?
A parenting order is a court order about arrangements for a child. It may deal with who the child lives with, time with each parent, communication and parental responsibility.
What is the difference between a parenting plan and parenting orders?
A parenting plan is a written agreement between parents. Parenting orders are made by the Court and are enforceable. The right option depends on the level of certainty needed.
Do I need mediation before applying for parenting orders?
In many cases, parties need to attempt family dispute resolution before filing, unless an exception applies, such as urgency or family violence.
Can parenting orders include grandparents or other relatives?
They can in some circumstances. Parenting orders can cover time or communication with other people important to the child's care, welfare and development.
What if the other parent is not following the current arrangement?
Get advice before reacting. The right response depends on whether there are court orders, a parenting plan or only an informal agreement.
Can I stop the other parent taking the child overseas?
Urgent legal advice is important if there is a real risk of overseas travel without consent. Options may include passport and travel-related orders.
Do mothers have more rights than fathers in parenting matters?
Australian family law focuses on children's best interests, including safety. It does not start from a rule that one parent has greater rights because of gender.
Can Unified Lawyers Melbourne help with urgent parenting applications?
Yes. We can assess urgency, safety issues and the evidence needed for an urgent parenting application.