Services / Parenting disputes
Parenting disputes:
getting real time with your kids.
Fathers in Australia can secure substantial, enforceable time with their children. The court's only question is what is in your child's best interests — and the law expressly recognises the benefit to a child of a relationship with both parents. Our job is turning that into a schedule that actually happens.
What does the court actually consider?
One thing decides every parenting case: your child's best interests. Since the 2024 amendments to the Family Law Act, the court weighs a focused set of factors: your child's safety, their views, their developmental and emotional needs, and each parent's capacity to meet those needs. The benefit of a relationship with both parents is expressly part of that assessment.
Notice what's not on that list: who earns more, who stayed home, or any assumption that children belong with their mother. Fathers who can show consistent, hands-on involvement — school runs, medical appointments, the unglamorous daily routine — present powerfully under this framework. We help you build and document exactly that case.
Do I have to go through mediation first?
Usually, yes — and that's often good news. Before applying for parenting orders, most parents must attempt Family Dispute Resolution (FDR) and obtain a section 60I certificate. Agreements reached in mediation are faster, cheaper, and tend to hold up better than orders imposed by a judge, because both parents built them.
We prepare you for FDR the same way we'd prepare you for court: what to propose, what to concede, and where your line is. If mediation isn't appropriate — urgency, family violence, or an ex who won't engage — exemptions exist and we move straight to court.
What's the difference between a parenting plan and parenting orders?
A parenting plan is a written agreement; parenting orders are enforceable by the court. A plan is flexible and easy to update, but if your ex stops following it, you can't enforce it. Consent orders give the same agreement legal force — breach them, and there are real consequences. Many fathers come to us because a handshake arrangement has been quietly whittled down, weekend by weekend. We'll tell you which structure fits your situation — and when it's time to turn goodwill into orders.
What happens if it goes to court?
You'll be prepared for every stage, and most matters still settle before a final hearing. The process runs: filing, an interim hearing (temporary arrangements — often the most important hearing of the whole case for fathers), a family report by a court-appointed expert, sometimes an Independent Children's Lawyer, then dispute resolution, and trial only if all else fails. Your children don't appear in court at any stage. We've walked hundreds of fathers through this exact path — you'll always know where you are and what comes next.
Questions fathers ask us about parenting disputes
Can a father get 50/50 custody in Australia?
Yes, where it's in the child's best interests and practical — courts make equal-time orders regularly, particularly where parents live near each other and both have been hands-on. There is no automatic entitlement for either parent; the arrangement has to work for the child, and we build the evidence that shows it does.
My ex is withholding the kids even though we had an agreement. What can I do?
If the agreement is a parenting plan, it isn't enforceable — but it is strong evidence of what you both considered workable, and we can move quickly to formalise it as orders. If court orders are being breached, a contravention application can be filed and the court can enforce compliance, vary arrangements, or impose penalties.
Does it count against me that I work full-time?
No. Courts deal in practical arrangements, not point-scoring about hours. A workable proposal built around your real schedule — and showing how you use the time you have — is far more persuasive than an ambitious schedule you can't sustain.
Every week you wait becomes the status quo.
Courts pay attention to existing arrangements. The sooner you act, the more options you have — tell us what's happening.
Book a ConsultationUrgent? Call (02) 4704 9977 — don't wait for a form response.