Parenting
Disputes
When parents cannot agree on arrangements for their children, there are legal pathways — from mediation through to court orders. We guide you through each step with focus and resolve.
When parents cannot agree on arrangements for their children, the law provides a pathway — but it must be followed in the right order. In most cases, family dispute resolution (mediation) is required before you can apply to the Federal Circuit and Family Court for parenting orders. If mediation fails, or where urgency or family violence is involved, we act quickly and robustly to protect your children and your position.
Parenting dispute services
Where parents cannot agree, the court will make parenting orders in the best interests of the children. We represent parents at all stages of contested proceedings — from interim hearings to final orders — and prepare thoroughly to present your case clearly and persuasively.
Where a child is at immediate risk — due to family violence, removal from the country, or a parent withholding a child — urgent applications can be filed quickly. We act the same day in genuine emergencies. Call (03) 9741 3777 if your situation requires urgent action.
If the other parent has filed for parenting orders, you need legal advice promptly. The response you file — and how you engage with the process — significantly affects the outcome. We advise on your response, your rights, and your position before any hearing.
Moving interstate or overseas with children without consent requires a court order. Whether you are seeking to relocate or opposing a move, we advise on the legal test the court applies and represent you in relocation proceedings. These matters are highly fact-specific — seek advice early.
Breaching a parenting order is a serious matter. If the other parent is not complying with orders, we advise on your options — including contravention applications and recovery orders. We also advise respondents who have been accused of breach on how to respond.
In most parenting disputes, attempting family dispute resolution is required before filing in court. We prepare you for mediation, advise on your position, and help you engage constructively — maximising the chance of resolution without litigation.
Mediation — full details →Children first.
Resolution before court, wherever possible.
Parenting disputes are among the most difficult legal matters a person can face. Our focus is always on what is best for the children — not on winning arguments for its own sake.
We pursue resolution outside court wherever possible. Litigation is slow, expensive, and stressful for families and especially for children. Where agreement is reachable, we will help you reach it. Where it is not, we will represent you with thoroughness and resolve.
If your dispute is urgent — a child has been taken, arrangements have broken down, or there is a safety concern — call us directly on (03) 9741 3777. We move quickly when it matters.
Parenting disputes FAQs
Yes, in most cases. Under section 60I of the Family Law Act 1975, you must make a genuine attempt at family dispute resolution before filing parenting proceedings in court. The accredited mediator will issue a Section 60I certificate when mediation is complete or where one party refuses to participate. Exceptions apply where there is family violence, child abuse, urgency, or the other parent cannot be located.
The paramount consideration is the best interests of the child. The court considers the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, 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. There is no presumption of equal time — only a presumption of equal shared parental responsibility, which is a separate concept.
This is an urgent situation. If there are existing parenting orders, the other parent is in breach and you can apply for a recovery order — which requires the return of the children. If there are no orders in place, you can apply for urgent parenting orders and a recovery order at the same time. Call us immediately on (03) 9741 3777 — these applications can be filed quickly and courts can act within hours in genuine emergencies.
Contested parenting matters in the Federal Circuit and Family Court can take 12–24 months or longer to reach a final hearing, depending on the complexity of the dispute and court availability. Interim orders can be obtained much sooner. This is one of the strongest reasons to pursue resolution through mediation wherever possible — it is faster, cheaper, and less damaging for all involved, including the children.
Restricting contact is a serious 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 safety concerns, the proper pathway is to apply for orders limiting or supervising contact — not to unilaterally withhold the children, which can significantly damage your credibility in subsequent proceedings. Call us for urgent advice if safety is a concern.
A parenting order is legally binding on both parents. Both parties must comply with its terms. Breach of a parenting order is a serious matter and can result in fines, community service, or in extreme cases, imprisonment. Orders can be varied if circumstances change significantly — for example, a change in the child's needs, a parent's work situation, or a proposed relocation. We advise on both compliance and variation applications.
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