Parenting

Where parents are unable to agree on arrangements for their children, the traditional pathway is for each party to engage their own independent lawyer and, if negotiation fails, to have the matter determined by the Federal Circuit and Family Court of Australia.

Under this model, your lawyer acts solely for you. They will advise you on your position, negotiate with your former partner's lawyer, and, if the matter cannot be resolved, prepare and present your case to the court. The court will then make orders based on what it considers to be in the best interests of the children.

Before filing, the court generally requires parties to attempt family dispute resolution. If that does not resolve the dispute, or an exemption applies (such as family violence or urgency), proceedings can be initiated. The process may involve interim hearings for urgent matters, a less adversarial trial list, and ultimately a final hearing where a judge determines the outcome.