As one of Melbourne’s leading family law firms, we work with you to identify what is best for your children, their rights and your rights, and how to achieve them when issues of parental responsibility arise.
Our family law lawyers can guide you through mediation, pre-court negotiations, or court action with compassion and professionalism. They have a proven track record of working through equal share care or 50/50 arrangements, focusing on making the process easier for you.
We also have decades of experience in handling complex cases related to child protection, parenting law, international or interstate relocation, and abuse or sexual abuse allegations. Ultimately, our top priority is to secure the best possible outcome for you and your child.
Our Services
The Role of a Child Custody Lawyer
Comprehensive Document Review
Experienced family law lawyers will meticulously review all legal documentation related to your family law dispute, ensuring accuracy and completeness. They understand what types of evidence will matter in the courtroom and how to anticipate and prepare for any arguments, giving you greater confidence and peace of mind.
Strategic Legal Counsel
Acting as your staunch advocate, family law lawyers provide strategic legal counsel tailored to your unique circumstances. They offer a comprehensive and objective understanding of family law and can explain the legal implications of your situation, ensuring that you do not miss out on key parental rights.
Negotiation and Mediation
Many family law cases can be resolved amicably through negotiation or mediation, especially to preserve relationships while sparing children from a protracted court battle.
Family law lawyers are often trained in alternative dispute resolution (ADR) and can help establish agreements and parenting arrangements, as well as negotiating fair terms for any child support payments.
Litigation Representation
Should your case go to court, a family law lawyer will represent you professionally and ensure your voice is heard by the judge. Their experience with courtroom proceedings will be invaluable in protecting you and your child’s interests and to ensure that your voices are heard.
Post-Order Modifications
Life circumstances can change after a parenting order is issued by the court, and this can affect the wellbeing of the child. Family law lawyers can assist clients in navigating any developments such as changes in income, employment, or living arrangements to protect the child’s best interests and maintain parental rights.
Frequently Asked Questions
What is the difference between child custody and parental responsibility?
In 1996, the term ‘custody’ was removed from the Family Law Act in Australia to change the idea that children are property to be won or lost, and to shift the focus back onto parenting in the best interests of the child.
As such, courts will make ‘parenting orders’ instead of granting custody, and parents will have ‘parental responsibility’ and must adhere by determined ‘parenting arrangements’.
What factors do courts consider in determining parental responsibility?
Courts consider various factors, including the child’s age, the parent’s ability to provide for the child’s needs, the child’s relationship with each parent, and any history of abuse or neglect.
How long does the process take?
The duration of a case involving parenting orders varies depending on the situation’s complexity and whether the parties can reach an agreement. Our goal is to resolve your case as efficiently as possible while ensuring the best outcome for your child.
Will the court consider the child's preferences in parenting arrangements?
Depending on the child’s age and maturity level, the court may consider their preferences, but the ultimate decision is based on the child’s best interests. Our child custody lawyers can advise you on how to address your child’s preferences in court proceedings.
Can parenting orders be modified?
Yes, parenting orders can be modified if there has been a significant change in circumstances, such as a parent relocating or a change in the child’s needs.
How does the court decide parenting arrangements in cases involving domestic violence?
Courts prioritise the safety and well-being of the child and may restrict their communication or visitation with a parent that has a history of domestic violence. Protective measures such as supervised visitation or restraining orders may be implemented to ensure the child’s safety.
How does the court determine child support?
Child support is typically determined based on state guidelines, taking into account each parent’s income, the child’s needs, and the parenting arrangement. Our lawyers can assist you in calculating child support and ensuring that it is fair and equitable.
What should I do if my ex-partner is denying me visitation with my child?
If your ex-partner is denying you visitation with your child, it is essential to document the incidents and seek legal assistance. Our family lawyers can help you enforce your visitation rights and hold your ex-partner accountable for violating the agreement.
Why Choose Us
Decades of Experience
Nevett Ford has decades of experience in handling parenting orders, parenting disputes and divorce, with hundreds of cases advised upon each year.
Personalised Service
We know that every case is unique, which is why we tailor our strategies to fit your individual needs and circumstances.
High Success Rate
Our child custody lawyers strive to provide a positive resolution and outcome for all parties involved.
Standard Of Care
We believe in more than just legal representation – we believe in building a partnership with our clients that results in a strong and meaningful bond.
Fast Response
Our family lawyers in Melbourne pride ourselves on being accessible and responsive to calls and emails.
Initial Fixed Cost Consultations
We provide transparent and affordable fees so clients know what the process will look like ahead of time.
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