Daniel John Lawyers provides expert advice and representation in all child custody related matters.

When there is a breakdown in a marriage or a de facto relationship, the issue of what parenting arrangements will best serve a child or the children of the separated family is of supreme importance.
It is important for parents that experience a breakdown in a marriage or relationship to obtain legal advice as soon after separation as possible.
The Family Law Act 1975 provides a framework for how disputes about the parenting arrangements for a child should be determined in a separated family. The guiding principle in that legislative regime is that “the best interests of the child” are the “paramount consideration.”
The Act stipulates that the disputing parties must first attempt family dispute resolution before applying to a Court for a parenting order, although there are some exceptions to this rule (such as various urgent applications that simply cannot wait for dispute resolution).
If no out-of-court agreement can be reached via family dispute resolution or through negotiation then an application for parenting orders can then be made to either the Family Court of Australia or to the Federal Circuit of Australia. These Courts both have jurisdiction to make parenting orders under the Family Law Act 1975.
The primary matters that are the focus of parenting orders include:
• Who has responsibility for the decision-making for a child
• With whom the child will live
• The amount of time a child will spend or communicate with the other parent with whom they do not live
The Court can, and often does, make parenting orders about other secondary matters such as:
• Orders that prevent a parent from speaking poorly or in a demeaning manner about the other parent in the presence of a child.
• Orders that restrain a parent from consuming alcohol or drugs when a child is in their care.
• Orders that restrain a parent from assaulting, molesting, harassing or otherwise interfering with another parent.
• Orders that define what a child’s surname should be.
• Orders as to what time a child should spend with each of their parents during important family events such as Christmas, Easter, the school holidays, Father’s Day, Mother’s Day, the child’s birthday, a parent’s birthday, and so on.
• Orders that authorise a child’s school to provide school reports, notices, and newsletters directly to each parent.
• Orders that require each of the parents to be notified in the case of a medical emergency with respect to the child.

Our office provides advice and representation for a large range of child custody related matters, which includes:
• Family Dispute Resolution
• General applications for short-term and final parenting orders
• Applications for equal shared care
• Child Abuse
• Domestic Violence
• Child Abduction
• Applications for Interstate and International Relocation
• Applications to have a child’s name placed on an Airport Watch List
• Applications to obtain a passport for a child
• Applications for Recovery Orders & Location Orders
• Contravention and contempt applications
• Parentage Testing
• Parenting Plans

In the event that you require urgent assistance outside of normal business hours, our office has an after-hours emergency contact number that you can contact in order to obtain immediate legal assistance in the event of an emergency (see our “Contacts” page).