If you are looking to better understand the world of Child Custody & Parenting Arrangements, our lawyers at Rockwell Family Law are here to help.


How Rockwell Family can help.

We’re here to assist you through the entire process and provide the support you need.

Rest assured from the moment you speak with our Child Custody Lawyers you will feel listened to; you will feel supported and most importantly you will feel confident that you will get the best outcome for your situation.

Our experienced family law team at Rockwell Family Law can guide you and your family through custody and parenting arrangement issues. We’ll tailor a sensitive solution to provide future peace of mind.

Child Custody & Parenting Arrangements

In a separation, the welfare of your children is arguably the number one priority.

  1. What is a parenting plan?

    A Parenting Plan is a written agreement that lays out the terms and conditions for the children. It includes who the children live with, who they spend time with and communicate with. This plan includes details on how to resolve any disputes, any special requirements for the children, and who is responsible for these special needs. The Parenting Plans can be flexible, or they can be formally drafted proposals by which both parties must abide. Once it is written and signed by both parties, without threat, coercion, or distress, then the agreement becomes active.

  2. The importance of a Parenting Plan for your Children.

    Rockwell Family Law understands the importance of a Parenting Plan, especially for the children. You don’t want the children to be pieces on a game board. They are people and deserve respect and love.

    Our Human 2 Human philosophy works with you for positive outcomes without the need to worry about costs and other factors.

    We advise you on how to talk to your children about separation, how to help them with mental or medical issues. We have access to dispute resolution experts and family counselors to ensure this time is not the toughest in a young person’s life.

  3. Custody of Children after Separation.

    Parenting orders and parenting plans ensure that both parents can share parental responsibilities amicably and most importantly, their children aren’t neglected. In Family law, making parenting arrangements for the best interests of children is the main priority.

    If both parents cannot agree on a short-term plan, Rockwell Family Lawyers would recommend that the parents seek legal advice to assist with setting up a temporary agreement.

  4. Short term arrangements for custody.

    Making arrangements for the best interests of the child is an important part of parenting plans after a separation or divorce. The family law system believes it’s essential for parents to spend appropriate time with their child to maintain the integrity of their family. However, separating from your former partner can be stressful so making a short-term plan is the best place to start. It’s a temporary agreement that’s not legally binding and it prioritises your children’s wellbeing and safety.

    A short-term arrangement isn’t a legally enforceable agreement, it can help both you and your former partner in knowing that your child will be protected. Here are some things you should consider when making your parenting plan:

    • Where will the child live?
    • Who will the child live with?
    • Who’s going to stay at the family home with the child?
    • Who’s going to organise child support, medical and school needs?
    • Who’s going to support the children’s everyday needs?

    If both parents can’t agree on a short-term plan or can’t create a parenting plan, they should seek legal advice on a temporary agreement. Ultimately, the court makes the final decision if both parties want to file consent orders.

Child custody arrangements

Under Australian law, parents have equal shared parental responsibility for their children until they turn 18. A child custody arrangement can be:

  • A verbal agreement between parents which is flexible, in line with their children’s needs.
  • A written parenting plan which sets out the roles and responsibilities of each parent in relation to their children’s care and living arrangements.
  • A formal court order known as a parenting order.

As experienced child custody lawyers, we can help you work out an amicable solution that prioritises your children’s needs and is respectful of both parents. Your parenting plan can be tailored to your family situation and provides peace of mind for the future.

Our Family Law Approach

Responsive and proactive

We run 24/7, and we will leave no stone unturned in finding a solution for you.

Settle out of court

We offer a mediation first approach and where possible, try to settle before court becomes a requirement.

Exceptional results

Get the right outcomes for your life setup and structure.

Human2Human Approach

We know that matters we advise on are usually a human problem as much as a legal issue.

Dignified solutions

We understand the sensitive issues that come with Family Matters, Estate Planning, and more.

We’re here to help. Talk with us today.

Call our office on 1800 450 000 or get in touch for a free chat.

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Ensuring fair parenting arrangements.

At Rockwell Family Law, we recognise that child custody and parenting arrangements are deeply personal and emotionally charged issues. Our dedicated team is committed to providing you with the compassionate support and legal expertise needed to navigate this challenging process.

With our human approach, we prioritise your children’s best interests while advocating for a fair and equitable parenting plan that fosters their well-being. Trust Rockwell Family Law to guide you through this difficult time, ensuring that your children’s needs are met and their voices are heard.

What Our Clients Have To Say

Results focused outcomes so you can move on.

Allyson Gagliardi handled my family law matter and could not recommend her enough. She was highly professional, compassionate and efficient. Even though everything was done online and via phone- the process was seamless. Thank you so much again Allyson and the whole team.

Mitch T

It was such a blessing to have found Rockwell Family Law. The proactive approach made me feel confident that my case would be handled with care. They were always available for questions and gave me straightforward advice that could understand. Thank you.

Michael Jones

My sincere thanks to Allyson and the Rockwell Family Law team. Thank you for the timely and tailored advice each time that put my mind and stress at ease.

RFL Client

Child Custody FAQs

  1. What questions should I ask a lawyer about child custody?

    The lawyers here at Rockwell Family Law are well-versed in Family Law. There are no “small” questions and no “minor” issues when it comes to family law. You can ask us anything. We recommend writing out a list of questions you have, for your fist consultation with us. We also recommending asking about fees, how long the entire process might take and what happens in the worst-case-scenario in the event you were unable to reach agreement and the matter when to court.

    If you don’t fully understand the terminology used on this website, ask us questions about the words used. Our Legal Practice Director is known to get the dictionary out herself from time-to-time, having a preference for simple, non-legal language. She also thinks its important you feel comfortable at all times discussing fees. Its your hard-earned money and these economic times are hard. Please feel free to discuss all your concerns with us. That’s what we are here for.

  2. Can I get custody of my child without a lawyer?

    Firstly, the technical term for “custody” is now “Parental Responsibility” (i.e. long-term decision-making power). Parental Responsibility is different to “live with” and “spend time and communicate with” arrangements.

    If you are seeking “custody” you are probably seeking some or all of these arrangements. If both parents are agree about these arrangements, then yes, you can get “custody” of your children without a lawyer. However, there are complexities and nuances involved. If you want something enforceable, something you can hold the other parent to, you should seek legal advice.

  3. What if both parents are unfit to take care of the child?

    If a court deems both parents are unwilling or unable to fulfil the obligations and responsibilities or parenthood, then an extended family member may be considered to be the guardian of the child. If this is not possible, a Childrens Court will likely place the child in care of the State (foster care).

    That said, if an extended family member is found appropriate and wants to take on all the obligations and responsibilities of parenthood for the child, they can agree with the State to apply for parental responsibility through the family court system.

  4. What happens if parents can't agree on a parenting arrangement?

    Generally, I f parents cannot agree on parenting arrangements (with or without the help of lawyers), they must first participate in “compulsory family dispute resolution” before they can consider applying to a family court to resolve the dispute. Compulsory family dispute resolution is a form of mediation or alternative dispute resolution where a Family Dispute Resolution Practitioner (much like a mediator) helps parents try to reach an agreement.

    Only once that has failed, a parent has been issued with a Certificate, can they apply to the family court for parenting Orders. Once in Court, a long process involving various court dates and more alternative dispute resolution, begins. After about 12 months, if there has been no resolution, a final hearing will occur where each parent is cross-examined and a Judge imposes a decision about parenting arrangements upon both parents.

  5. Can I negotiate my own parenting arrangement?

    You can negotiate your own parenting arrangement. Do you know what clauses should be included so that you cover each issue that is usually included in a Parenting Plan or Consent Order. Do you know how to write the clauses and what language needs to be included. We recommend you bring any agreement you are considering entering, to us, so that we can check the agreement covers everything.

    This is especially important when it comes to Consent Orders. The court doesn’t “rubber stamp” Consent Orders. If Consent Orders aren’t property written or supported by the proper evidence in your Application, it will “requisition” the Application or may refuse to make the Orders. This can be time-consuming, costly, frustrating and overwhelming. It is a good idea to obtain legal advice first to avoid these things occurring.

We’re here to help. Talk with us today.

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