Children's
Matters
When parents separate, children need stability. We help you navigate parenting arrangements, orders, and disputes with focus on what matters most — your children.
When parents separate, decisions about children must be made — with or without agreement. The Family Law Act 1975 requires that all decisions about children be made in their best interests. Whether you are seeking parenting orders, responding to an application, or trying to resolve a dispute outside court, Purcell and Purcell Pty Ltd provides clear, experienced guidance at every step.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
Children's matters services
Formal court orders setting out where children live, how much time they spend with each parent, and how major decisions are made. We advise on consent orders (agreed) and contested applications through the Federal Circuit and Family Court.
Practical arrangements for where children live day-to-day, holiday schedules, school and extracurricular decisions, and communication with the other parent. We help you reach workable arrangements — by agreement where possible, by order where necessary.
Moving interstate or overseas with children after separation requires either the other parent's consent or a court order. We advise parents seeking to relocate and parents opposing relocation — including urgent applications where a move is imminent or has already occurred.
Grandparents, stepparents, and other significant people in a child's life can apply for parenting orders. The court considers the child's relationship with that person and their best interests. We advise on both applying for and responding to third-party contact applications.
If a child has been taken without consent, or is at risk, urgent court orders can be obtained quickly. Recovery orders direct the return of a child. We act swiftly in urgent circumstances — call us directly on (03) 9741 3777 if the situation is time-critical.
A parenting plan is a written, signed agreement between parents that is not a court order but records agreed arrangements. It can be a practical first step before formalising arrangements. We advise on what should be included to make a parenting plan comprehensive and enforceable if disputes arise later.
The child's best interests
— always the starting point.
Children's matters are some of the most emotionally charged cases in family law. Our role is to keep the focus where it belongs — on practical arrangements that protect the children and give both parents clarity.
We work toward resolution outside court wherever possible. Litigation is expensive, slow, and stressful for families. Where agreement is reachable, we will help you get there. Where it is not, we will represent you robustly.
We also understand that urgency is real in these matters. If a child is at risk or a parent has acted unilaterally, we move quickly. Same-day advice is available for urgent situations — call (03) 9741 3777.
Children's matters FAQs
Under the Family Law Act 1975, the best interests of the child is the paramount consideration in all parenting decisions. Courts consider factors including the benefit of a meaningful relationship with both parents, the need to protect children from harm or family violence, the child's own views (depending on age and maturity), the practical difficulty of proposed arrangements, and the capacity of each parent to meet the child's needs.
Restricting the other parent's contact with the children is a significant step and should not be taken without legal advice. The law presumes that children benefit from a meaningful relationship with both parents. If you have genuine concerns about the children's safety, there are proper legal processes to address this — including applying for supervised contact or urgent orders. Unilaterally withholding children from the other parent can damage your position significantly in subsequent proceedings.
A parenting plan is a written agreement between parents that records agreed arrangements. It is not enforceable by the court if breached. A parenting order is a formal order made by the court — by consent or after a hearing — that is legally binding and enforceable. Either party can apply to have a parenting plan converted to a consent order to give it legal force.
Breaching a parenting order is a serious matter. The other party can apply to the court for contravention orders. If found to have contravened without reasonable excuse, the court can impose penalties including fines, community service, or in serious cases, imprisonment. The court can also vary the original order as a consequence. Seek legal advice before taking any action in response to a breach.
There is no set age at which a child can decide where they live. Courts do consider the views of children, and those views carry more weight as children get older and more mature. However, a child's preference is just one factor — the court will also consider the reasons behind the preference and whether it has been influenced by a parent. A 16 or 17 year old expressing a clear, independent preference will generally be given significant weight.
Yes, in most cases. You must attempt family dispute resolution (mediation) and obtain a Section 60I certificate before applying to the Federal Circuit and Family Court for parenting orders. Exceptions apply where family violence or child abuse is involved, or in urgent situations. See our mediation page for more detail.
Moving children interstate without the other parent's consent is not strictly illegal in all circumstances, but is viewed very unfavourably by the courts and can significantly damage a parent's position in subsequent proceedings. If your ex has taken or is planning to take the children interstate, you need to act immediately. The right response depends entirely on your specific circumstances — whether there are existing parenting orders, the age of the children, and the history of the arrangement. No two cases are alike. Seek urgent legal advice.
Family violence is taken seriously by the court and can significantly affect parenting arrangements. Where there is a genuine risk of harm, the court's obligation to protect children from that harm overrides the presumption of meaningful relationship with both parents. Mediation is not required where family violence is involved. Urgent orders — including orders preventing contact or requiring supervised contact — can be sought. Call us immediately if you or your children are at risk.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
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