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Free Guide to Hiring a Family Lawyer
In Australia the term "child custody" is commonly replaced by "parenting arrangements" or "parental responsibility" under federal family law. For residents of Box Hill South - which is in the eastern suburbs of Melbourne, Victoria - disputes about who a child lives with, who they spend time with, and how major decisions about their welfare are made are dealt with under the Family Law Act 1975 at the federal level. State laws also play a role when child protection or family violence issues arise. The overarching principle used by courts is the best interests of the child. Parents and carers are encouraged to reach agreements where possible - through negotiation, family dispute resolution, or lawyers - but the courts can make parenting orders when parties cannot agree.
You may need a family lawyer when the issues are complex, contested, or high risk. Common situations where legal help is advisable include:
- When parents cannot agree about who the child will live with or how much time each parent will have with the child.
- When allegations of family violence, abuse, neglect, or substance misuse are present.
- When one parent wants to relocate interstate or overseas with a child and the other parent objects.
- When a child protection agency becomes involved, or there are court proceedings in the Children's Court of Victoria as well as federal family law matters.
- When a parenting arrangement needs to be formalised as a consent order or when you are seeking urgent interim orders for safety or stability.
- When enforcement of existing parenting orders is required because the other party does not comply.
- When complex property, financial support, or third-party rights (for example, grandparents' access) intersect with parenting arrangements.
Key legal frameworks and local matters relevant to Box Hill South include:
- Family Law Act 1975 - Federal law that governs parenting orders, parental responsibility, and principles such as the child's best interests. The Federal Circuit and Family Court of Australia (FCFCOA) hears family law matters, with the Melbourne registry serving local residents.
- Children, Youth and Families Act 2005 - Victorian state law governing child protection, care and protection orders, and the Children’s Court of Victoria. If child protection concerns arise, the state agency may intervene separately from family law proceedings.
- Family Violence Protection Act 2008 - Victorian law providing for intervention orders and protection from family violence. Police or the Magistrates' Court may issue family violence intervention orders which can affect parenting arrangements and court processes.
- Child Support Scheme - Commonwealth system administered by Services Australia that deals with financial child support obligations separately from parenting orders.
- Family Dispute Resolution - Before applying to the family law courts for parenting orders, parties are generally required to attempt family dispute resolution, unless an exception applies such as family violence or child abuse allegations. Family Relationship Centres and accredited family dispute resolution practitioners provide mediation and negotiation services.
The child's best interests are the primary consideration in family law. Courts assess factors such as the child's safety, wellbeing, the benefit of having a meaningful relationship with both parents, the capacity of each parent to care for the child, the child's views if they are old enough to express them, and any history of family violence or child abuse.
Parental responsibility refers to the ability to make major long-term decisions about a child - for example, about education, health care and religion. Parenting arrangements set out where a child lives and how time is shared. The modern legal framework focuses on shared parental responsibility rather than the older concept of custody.
Generally yes - the Family Law Act requires parties to attempt family dispute resolution before applying to the family courts for parenting orders, unless an exception applies. Exceptions include situations involving family violence or child abuse, or when urgent court orders are needed for safety.
Yes. If there is an immediate risk to a child you can seek urgent interim parenting orders from the Federal Circuit and Family Court of Australia. For immediate safety threats, you should contact police and consider applying for an intervention order under Victorian family violence laws. A lawyer or duty lawyer can advise about the best pathway.
If a party is not complying with a parenting order you can seek enforcement through the family courts. Options include applying for contravention orders and remedies such as make-up time, variation of orders, or enforcement penalties. Before court enforcement, consider engaging a lawyer or dispute resolution practitioner to try to resolve the matter.
If a parent wants to relocate the child, especially interstate or overseas, they usually need either the other parent's written consent or a court order permitting the move. Courts will consider how the move affects the child's relationship with the other parent, schooling, family ties, and the child's best interests. Early legal advice is important.
Timelines vary widely. Straightforward matters resolved by agreement can be finalised in weeks to months. Contested court proceedings may take many months to more than a year depending on complexity, court listings, expert reports, and whether interim hearings are needed. Attempting negotiation or mediation early often reduces time and cost.
Costs depend on the lawyer's experience, the firm, and the complexity of the case. Some firms charge fixed fees for discrete services - such as preparing consent orders - while others charge by the hour. Legal Aid Victoria may provide free or low-cost assistance if you meet the eligibility criteria. Always ask for a written costs estimate and billing arrangements at your first meeting.
In some circumstances family members, including grandparents, can apply to the family courts for parenting orders, particularly if they have an established relationship with the child and the child's parents are unable to care for them. Courts will assess applications based on the child's best interests. Legal advice is recommended for non-parent applicants.
If there is family violence, safety is the first priority - contact police or emergency services if a child or adult is in immediate danger. You can apply for a family violence intervention order in the Magistrates' Court in Victoria. Family violence affects family law processes - exceptions to the family dispute resolution requirement may apply, and the court will carefully assess risk when making parenting orders. Seek legal advice and document incidents where possible.
Family Law - Federal Circuit and Family Court of Australia - Melbourne registry provides information on court procedures and forms.
Legal Aid Victoria - provides information, advice, and legal assistance for eligible clients in family law and child protection matters.
Family Relationship Advice Line and Family Relationship Centres - help with mediation, dispute resolution and referrals to services.
Children's Court of Victoria - handles child protection and care matters under state law.
Victorian Department responsible for child protection and family services - for concerns about a child"s safety or wellbeing.
Law Institute of Victoria - use the Find a Lawyer service to locate accredited family law specialists in the eastern Melbourne region.
Local community legal centres - community legal centres in Melbourne"s eastern suburbs can provide free or low-cost legal help and referrals.
Whitehorse City Council - local council services and community support programs relevant to families in Box Hill South.
Services Australia - administers the Child Support Scheme and provides guidance on child support assessments and payments.
1. Gather documents - collect birth certificates, school and medical records, any court orders, police reports, intervention orders, and records of communication showing care arrangements or incidents of concern.
2. Consider safety - if you or your child are at risk, contact police and seek an intervention order immediately. Safety planning with local family violence or community services is essential.
3. Attempt negotiation - where it is safe to do so, consider family dispute resolution or mediation to reach a parenting plan. This is often quicker and less costly than court.
4. Get legal advice - consult a family lawyer to understand your rights, obligations, and options. Ask for a costs estimate and whether you may be eligible for Legal Aid or free advice from a community legal centre.
5. Take court action if necessary - if agreement is not possible, your lawyer can advise on applying for interim or final parenting orders with the Federal Circuit and Family Court of Australia. For child protection or intervention orders, you may need to engage with state courts.
6. Keep records and focus on the child - maintain clear records of care arrangements, incidents, and communications. Courts prioritize the child"s wellbeing and stability, so keeping the child"s needs front of mind helps when negotiating or presenting a case.
If you are unsure where to start, contact Legal Aid Victoria, a local community legal centre, or a family lawyer for an initial consultation. Early, informed steps often produce better outcomes for children and families.
