Child Custody & Support
At MCB Lawyers, our expert family lawyer provides trusted legal advice on child custody and child support in the Northern Beaches, Wollongong & Parramatta. We help parents navigate complex legal processes to ensure the best outcome for their children.
Compassionate Legal Support for Child Custody & Support Matters
Understanding Child Custody in Australia
When parents separate, child custody arrangements determine where children live and how they spend time with each parent. Key considerations include:
- Parental Responsibility – Shared or sole decision-making authority for the child.
- Living Arrangements – Determining primary residence and visitation schedules.
- Best Interests of the Child – Courts prioritise the child’s well-being and stability.
- Relocation Issues – Addressing cases where one parent wants to move with the child.
For official custody guidelines, visit Federal Circuit and Family Court of Australia.
How We Assist with Child Custody Disputes
Our child custody lawyer helps parents:
- Negotiate Parenting Agreements – Establishing fair arrangements outside of court.
- Apply for Consent Orders – Ensuring legally enforceable agreements.
- Represent in Court Proceedings – Advocating for fair custody outcomes.
- Resolve Relocation & Travel Disputes – Managing cross-jurisdictional parenting matters.
Learn more about Parenting Agreements.
Child Support & Financial Responsibilities
Child support ensures children receive financial support from both parents. The system considers:
- Parental Income – Both parents contribute based on earnings.
- Time Spent with Each Parent – Adjustments based on custody arrangements.
- Special Expenses – Covering education, medical, and extracurricular costs.
- Enforcement & Disputes – Managing unpaid child support cases.
For government regulations, visit Services Australia – Child Support.
How We Assist with Child Support Issues
Our family law team helps clients with:
- Calculating Fair Child Support Payments – Ensuring accurate financial contributions.
- Challenging Unfair Assessments – Requesting reviews for incorrect payments.
- Negotiating Private Agreements – Creating legally binding alternative arrangements.
- Enforcing Child Support Orders – Assisting with compliance and enforcement actions.
For additional support, explore Family Law services.
Get a clear plan for parenting & support
We’ll outline your options and help you choose the fastest, most practical path.
Why Choose MCB Lawyers
- Expert Family Lawyer in Child Custody & Support – Ensuring legal protection for children.
- Strong Negotiation & Court Representation – Securing favourable outcomes for parents.
- Compassionate, Client-Focused Approach – Helping families through difficult transitions.
- Former NSW Police Prosecutor on Our Team – Bringing legal expertise to family law matters.
Need Help with Child Custody or Support? Contact Us Today
If you need legal representation for child custody or child support in the Northern Beaches, Wollongong or Parramatta, contact MCB Lawyers today. Book a consultation to protect your child’s future.
Frequently Asked Questions
What factors do Australian courts consider when determining child custody?
When determining child custody, the courts prioritise the best interests of the child. Key considerations include the child’s safety, emotional and physical needs, the capacity of each parent to provide for these needs, and the child’s own wishes, depending on their maturity and understanding. The court also assesses the nature of the child’s relationship with each parent and any history of family violence.
How is child custody different from child access?
In Australia, child custody, often referred to as parental responsibility, involves making long-term decisions about the child’s welfare, education, and health. Child access, or time spent with each parent, refers to the arrangements regarding when and how the child will spend time with each parent. Understanding these distinctions helps parents navigate their rights and responsibilities effectively.
Can grandparents apply for child custody or access?
Yes, grandparents and other relatives can apply for child custody or visitation rights. The Family Law Act recognises the importance of children maintaining relationships with extended family members. Courts consider the child’s best interests and the existing relationship between the child and the applicant when making such decisions.
What is a parenting plan, and how does it relate to child custody?
A parenting plan is a written agreement between parents outlining the custody arrangements, including living arrangements, time spent with each parent, and decision-making responsibilities. While not legally binding, it reflects both parents’ commitment to cooperate in their child’s upbringing and can be used as a basis for consent orders if needed.
How can I modify an existing child custody arrangement?
To modify an existing custody arrangement, you must demonstrate a significant change in circumstances, such as relocation, changes in the child’s needs, or concerns about the child’s safety. The process typically involves mediation to reach an agreement, but if unsuccessful, you may apply to the court for a formal modification.
What should I do if my ex-partner is not complying with the custody agreement?
If your ex-partner is not complying with the custody agreement, you can address the issue through mediation to reach a resolution. If mediation fails, you may seek legal remedies through the court, which can enforce the agreement or impose penalties for non-compliance.
Is mediation required for child custody disputes?
Yes, mediation is often required for child custody disputes. The Family Court mandates family dispute resolution before proceeding to court, except in cases involving family violence or urgency. Mediation aims to help parents reach an amicable agreement without the need for litigation.
How does domestic violence impact child custody decisions?
Domestic violence is a critical factor in child custody decisions. Courts prioritise the child’s safety and may restrict or supervise the time a violent parent spends with the child. Protective measures, such as injunctions or supervised visits, are implemented to ensure the child’s well-being.
What are the costs associated with a child custody case?
Costs associated with a child custody case can vary, including legal fees, court costs, and expenses for mediation or expert reports. It’s advisable to discuss potential costs with your solicitor and explore options for legal aid if eligible.
Can a child decide which parent to live with in Australia?
While children cannot decide outright, their preferences are considered by the court, especially as they grow older. The court evaluates the child’s maturity and understanding, and while their wishes are taken into account, the final decision is based on the child’s best interests.
How does relocation affect child custody arrangements?
Relocation can significantly impact child custody arrangements. If a parent wishes to move with the child, they must seek consent from the other parent or apply to the court for permission. The court considers the reasons for relocation, the impact on the child’s relationship with both parents, and the overall best interests of the child.
What is the process for obtaining sole custody?
To obtain sole custody, you must demonstrate that it is in the child’s best interests, often due to concerns about the other parent’s ability to care for the child or issues like family violence. The process involves filing an application with the court, presenting evidence, and potentially attending mediation or a court hearing.