Parenting arrangements and children’s matters
Most parenting disputes are not really arguments about the law. They are two people who no longer agree on what their child needs, trying to sort it out at the worst possible time. The legal question is narrower than it feels: what arrangement is in this child’s best interests.
We act for parents on both sides of that question, from working out a first arrangement after separation through to contested proceedings in the Federal Circuit and Family Court of Australia. Where an agreement is realistic, we push for it. Where it is not, we prepare the matter properly.
What we help with
Situations we act in
We are commonly asked to help with:
- Working out where a child lives and how time with each parent is shared after separation
- Turning an agreement you have already reached into consent orders
- Changing an arrangement that no longer works because circumstances have changed
- Disputes about schooling, medical decisions, religion or a change of name
- One parent wanting to relocate with a child, interstate or overseas
- Arrangements where family violence, substance use or mental health are part of the picture
- Grandparents and other significant people seeking time with a child
- Recovery orders and Family Law Watchlist orders where a child has been taken or kept
How we approach it
How Ben and Troy run a parenting and children matter
Parenting matters reward preparation and punish escalation. That shapes how we run them.
- We start with what is actually in dispute
- Many parents agree on more than they realise. Narrowing the disagreement early tends to shorten everything that follows, and it costs less than arguing about all of it.
- We are straight about the likely range of outcomes
- The presumption of equal shared parental responsibility was removed from the Family Law Act on 6 May 2024, and equal time was never an automatic entitlement in the first place. If your expectation is outside the realistic range, you will be told that early rather than after you have spent money finding out.
- Safety concerns are dealt with directly
- Where family violence or risk to a child is part of the matter, that shapes the strategy from the beginning. It is not something we work around.
- Court is a tool, not a default
- Some matters need a judge. Most do not. We prepare every matter as though it might end up in court, which is usually the reason it does not have to.
Typical process
What usually happens, step by step
Every matter differs, but the shape is usually this.
- 01
Advice on where you stand
We go through what has happened, what arrangement you want, and how a court would be likely to approach it against the best interests factors in the Family Law Act.
- 02
Family dispute resolution
Before applying for parenting orders you generally need to attempt family dispute resolution and obtain a section 60I certificate. There are exceptions, including urgency, family violence and child abuse. We will tell you which applies to you.
- 03
Agreement, or an application
An agreement can be recorded in a parenting plan or, if you want it enforceable, filed as consent orders. If agreement is not possible, we prepare and file the application.
- 04
Running the proceeding
If the matter is in court, we handle the documents, the interim applications and the hearings, and keep looking for a resolution along the way. Most matters still settle before final hearing.
Questions
Common questions
Do I have to go to court to sort out parenting arrangements?
Is there a presumption that children spend equal time with each parent?
What is the difference between a parenting plan and consent orders?
My ex will not stick to the arrangement. What can I do?
Can I move interstate or overseas with my child?
Does my child get a say?
What happens if there has been family violence?
Who acts for you
Ben Vincent
Family lawyer and co-founder
Accredited Specialist in Family Law
Ben@vincentbroussard.com.auFull profile
Related
- Court and urgent mattersCourt documents, proceedings, urgent injunctions, recovery orders and Family Law Watchlist orders.
- Mediation and negotiationResolving matters without court where that is realistic, and preparing properly for it.
- Divorce and separationThe formal steps of ending a marriage, and the decisions that need to be made alongside it.
Reviewed by Ben Vincent on .
This page is general information about family law in Victoria. It is not legal advice and it does not take your circumstances into account. Speak with a family lawyer before acting on it.