The Australian legislature made significant changes to the way the courts approach custody issues in 2006. This legislation indicated a strong preference for parents to reach an agreement without resorting to litigation, and also for parents to enjoy shared parental responsibility.

Consistent with the legislature’s aims, you are required to attend family dispute resolution to reach an agreement before using the courts to determine your custody issues. After completion of family dispute resolution, you will be issued a certificate that must be filed with your application to the court for a parenting order. The court will not entertain an application without a certificate except for extreme circumstances (ie, threat of violence or abuse).

There are many dispute resolution methods you may use in order to reach
an amicable agreement regarding custody. You may use the government
sanctioned Family Relationship Centres and Family Advice Line, or you could use other methods such as collaborative law or arbitration.

Once you have completed the required dispute resolution process, you may apply for a parenting order. This order will address whom the child should live with, how much time the child spends with each parent, and the nature and type of communication the child should have with each parent among other issues. These orders are fully enforceable and failure to comply with a parenting order could have serious repercussions.

You may also reach an agreement with regard to parenting through something known as a parenting plan. A parenting plan is an informal agreement between parents that addresses similar issues that a parenting order would address. The major difference between a parenting plan and a parenting order is that the former is not enforceable like a court order and therefore the breaching party is not subject to the same sanctions.

Should you be unable to address your parenting issues through dispute resolution services or a parenting plan, you may litigate your case in court. There are certain procedural rules with regard to parenting proceedings that exist to make this process as smooth as possible for the child or children involved.

The main thing to keep in mind with regard to parenting is that all parties involved should be acting with the best interest of the child at heart. The court will apply this standard if asked to address parenting issues and it should also be the main consideration for parents when trying to settle their dispute.

Parenting Lawyers and Family Dispute Resolution Specialists

At Mathews Family Law & Mediation Specialists, we understand that parenting disputes are often the most emotionally challenging aspect of separation and divorce.

For many parents, decisions about where children live, how much time they spend with each parent and how important decisions are made can feel overwhelming.

Our Accredited Family Law Specialists provide compassionate, practical and strategic advice to help parents resolve parenting matters while keeping the best interests of children at the centre of every decision.

Although many people refer to these issues as “child custody” matters, Australian family law now uses terms such as:

• Parenting arrangements
• Parenting orders
• Parental responsibility
• Time spent with parents

Our experienced parenting lawyers assist clients throughout Melbourne, Victoria, Australia and overseas with complex and sensitive parenting disputes.

Child Custody and Parenting Law in Australia

Australian family law recognises that children benefit from arrangements that support their safety, wellbeing and ongoing relationships with important people in their lives, where appropriate.

When parents separate, they may need to reach agreement about matters including:

• Where children live
• The time children spend with each parent
• School holiday arrangements
• Communication between children and parents
• Education and healthcare decisions
• Travel arrangements
• Relocation issues
• Other significant parenting decisions

Every family is different. There is no automatic preference for mothers or fathers. The focus is always on what arrangements best support the individual child or children involved.

Parenting Agreements and Dispute Resolution

Many parenting disputes can be resolved without going to Court.

At Mathews Family Law & Mediation Specialists, we encourage practical and child-focused solutions wherever possible through:

• Negotiation
• Lawyer-assisted discussions
• Family Dispute Resolution (FDR)
• Mediation
• Parenting plans
• Consent Orders

Our family law mediators and Family Dispute Resolution Practitioners help parents communicate effectively, understand their options and work towards workable parenting arrangements.

Parenting Orders and Court Proceedings

If parents cannot reach agreement, an application may be made to the Federal Circuit and Family Court of Australia for parenting orders.

Parenting orders can address issues including:

• Living arrangements
• Time spent with each parent
• Parental responsibility
• Communication arrangements
• Specific issues affecting a child’s welfare

Court proceedings can be complex and emotionally demanding. Our experienced parenting lawyers provide strategic advice and representation to protect your interests while maintaining a focus on your children’s needs.

Experienced Parenting Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, we understand that parenting disputes require more than legal knowledge.

They require:

✔ Understanding of family dynamics
✔ Strong negotiation skills
✔ Practical problem-solving
✔ Sensitivity to the emotional impact of separation
✔ A focus on achieving sustainable outcomes

Our Accredited Family Law Specialists assist parents with:

• Parenting negotiations
• Child custody disputes
• Parenting plans
• Parenting orders
• Family Dispute Resolution
• Mediation
• Relocation disputes
• International parenting matters
• Complex parenting proceedings

Why Choose Mathews Family Law & Mediation Specialists?

Clients choose MFL because we provide:

✔ Accredited Family Law Specialist expertise
✔ Experienced family law mediators
✔ Resolution-focused strategies
✔ Personalised advice tailored to your circumstances
✔ Flexible service options including unbundled legal services
✔ Support throughout Australia and overseas

Our aim is to help families resolve parenting issues in a way that minimises conflict and supports children through the transition.

Contact Our Child Custody and Parenting Lawyers Melbourne

If you need advice about child custody, parenting arrangements, parental responsibility or parenting disputes, our experienced team can help.

Contact Mathews Family Law & Mediation Specialists today to arrange your complimentary initial telephone consultation with an Accredited Family Law Specialist.

We will listen to your circumstances, explain your options and help you take the next step with confidence.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

The International Academy of Family Lawyers, of which Vanessa Mathews is a Fellow, has published a global survey of Lesbian Gay Bisexual Transgender laws (LGBT laws), the results of which can be found here https://www.iafl.com/media/5336/2019-iafl-lgbt-survey.pdf.

The IAFL LGBT Committee stated ‘Laws affecting LGBT people vary greatly by country or jurisdiction. There are now 28 jurisdictions that accept same sex marriage, however gay sex remains illegal in many jurisdictions with the death penalty still applying in 14.

The International Academy of Family Lawyers (“IAFL”) supports all efforts towards full equality of the LGBT community throughout the world and the end to rules that unfairly discriminate against such individuals and, in many countries, criminalize countless couples because of the ones they love. There remains a lot of work to be done.
The work done by some fellows of the IAFL is having a real impact and changing for the better the lives of LGBT people. The LGBT Committee of the IAFL commissioned this survey to capitalize on the knowledge and expertise of some members for the benefit of the IAFL as a whole and the LGBT community.

The individual submissions in this survey are the work of fellows of the IAFL who have kindly donated their time and expertise to answer the same questions as set out below. Each of the contributor’s names and contact details are included.

The LGBT Committee intends that this should be a living resource. We are asking those who have already kindly donated their time to keep us informed as laws change in their jurisdictions. We have detailed submissions from 46 jurisdictions, however, there remains a good number of jurisdictions not covered where the IAFL has fellows. If your jurisdiction is not covered and you feel able to complete a survey, please get in touch with the IAFL.’

Congratulations to the IAFL LGBT committee members for preparing such a comprehensive review of comparative laws.

Understanding the Legal and Emotional Challenges of Separation

Separation and divorce can be one of the most challenging experiences for individuals and families. The legal issues involved often intersect with emotional, psychological and practical challenges, making a supportive and informed approach essential.

Vanessa Mathews, Principal and Accredited Family Law Specialist at Mathews Family Law & Mediation Specialists, was invited to participate as a presenter in the Mental Health Professionals Network webinar:

“Supporting Families Through Separation”

This important webinar brings together professionals from across Australia to discuss the impact of separation on families and the importance of a collaborative approach when supporting people through relationship breakdown.

The panel includes:

• A regional General Practitioner from Western Australia
• A Psychiatrist from Queensland
• A Psychologist from New South Wales
• Vanessa Mathews, Accredited Family Law Specialist from Melbourne, Victoria

Together, the presenters explore the legal, emotional and health-related issues that arise during separation and provide practical insights for professionals supporting families through this difficult transition.

Watch the Divorce and Separation Webinar

Supporting Families Through Separation – Webinar Recording

Click on the link to watch the Divorce Webinar: ‘Supporting Families Through Separation’ 

http://www.mhpn.org.au/WebinarRecording/66/Supporting-Families-Going-Through-Separation#.Vdw7mPmqpBc

Mental Health Professionals Network: http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home

A Collaborative Approach to Family Law

At Mathews Family Law & Mediation Specialists, we understand that family law matters involve more than legal issues alone.

Separation can affect:

• Emotional wellbeing
• Children and parenting relationships
• Financial security
• Communication between family members
• Future decision-making

Our approach combines specialist legal expertise with a focus on constructive dispute resolution, helping clients resolve matters in a way that minimises unnecessary conflict wherever possible.

We work closely with clients to provide clear advice about:

• Divorce
• Parenting arrangements
• Property settlements
• Family dispute resolution
• Mediation
• Financial agreements

About Mathews Family Law & Mediation Specialists

Mathews Family Law & Mediation Specialists is a Melbourne family law firm dedicated exclusively to family law and dispute resolution.

Our Accredited Family Law Specialists provide strategic advice and representation to individuals and families throughout Australia and overseas, assisting clients to navigate separation with confidence and clarity.

Contact us today to arrange a complimentary 15-minute telephone consultation with an Accredited Family Law Specialist.

Carol and her school-aged daughter Emily moved to Australia from the United States. Emily settled into school and Carol started in a new job which was a major promotion and pay rise. Meanwhile, unbeknown to Carol, Emily’s father sought and was granted custody of Emily through a Court in the USA. The Court ordered Emily to return to live in the USA. To her surprise, Carol was also told that if she accompanied Emily to the USA it was highly likely she would be arrested and imprisoned. Emily was very upset and confided in her teacher that she was very happy in Australia and wanted to stay with her mother. A timely application to the Australian Family Court enabled Emily to stay with her mother in Australia.

[Case: Emily avoids being returned to the USA]

Peter and Claudia were a fantastic father and daughter team, they spent many hours discussing their favourite sports. Peter was deeply involved with Claudia’s home schooling. He lived with Claudia and her mother. One night, though, Peter returned home from shopping to discover both Claudia and her mother were gone. An urgent application was made to the Family Court of Australia and the Australian Federal Police found Claudia safe in West Australia and a few days later she was home safe and sound with her dad. Peter and Claudia continue to spend many happy hours together today.

The mother of a four year old child had difficulties finding employment in Mt Isa and therefore wanted to return to live in Sydney. Despite the limited employment prospects for the mother, a Federal Magistrate ordered the mother and father should have equal shared responsibility, this meant the mother would continue to live in Mt Isa. It was not until the mother took her appeal to the High Court that the importance of an order being reasonably practicable was highlighted and the court agreed with the mother that living in Mt Isa was not reasonably practicable for her and therefore not in the best interests of the child.