Child Custody Lawyers

Yes, grandparents can apply for custody or visitation rights if it's in the best interests of the child.

A parenting plan is a written agreement outlining how parents will raise their children after separation. It’s not legally binding but helps avoid disputes.

You can apply to the court to modify an order if there's a significant change in circumstances affecting the child's welfare.

You can seek legal advice to enforce the agreement or apply to the court for a compliance order.

If you and your ex-partner can’t reach an agreement for the care arrangements of your children, or if you have been denied access, you may need to apply to court for parenting orders. This is a different application from the application you would file for consent orders (above).

Before you file an application you will need to obtain a certificate that says that you have attended or attempted to attend family dispute resolution. But if there is a history of family violence or child abuse, the court may not require you to complete this step.

This kind of application will be contested because you and your ex-partner can’t agree. That means that the court will have to make a decision. To do that, it will conduct a hearing. Both parties will present evidence to the court (witnesses and documents) and legal arguments.

A court will consider what is in the best interests of the child when making parenting orders. The Family Law Act sets out a series of things that the court must consider to work this out, including:

• The child being able to have a meaningful relationship with both parents.
• The need to protect the child from physical and psychological harm.

The court will also consider a range of other factors, including the child’s wishes, religion, culture and their relationship with members of the extended family.