Child Custody Lawyers Parramatta

What Are Parenting Arrangements & Child Custody in NSW?

“Custody” is the term most people use, but under Australian law it’s referred to as parenting arrangements. This covers who your children live with, how time is shared between parents, and who makes the big decisions about their schooling, health and welfare. If money matters also need sorting out at the same time, our team covers child support as well.

Parenting arrangements can be worked out informally between parents, or formalised through a parenting plan, consent orders, or a court order, depending on how much agreement there is and whether either option needs to be enforceable.

Informal Agreements & Parenting Plans

Many parents are able to reach an informal agreement without involving the courts, based on mutual trust and understanding. This can be a verbal agreement, or a written parenting plan setting out care arrangements, time-sharing and decision-making.

A parenting plan isn’t legally enforceable, but it’s a useful reference point for both parents. If your situation changes or a dispute comes up later, we can help you formalise the arrangement properly.

Parenting Plans vs Consent Orders

If you want your arrangement to be legally binding, you’ll need consent orders instead. A consent order is approved by the court and legally requires both parents to follow the agreed arrangement, offering more certainty if things don’t go to plan.

Consent orders are generally sought when parents have reached an agreement but want it formalised, without needing a judge to decide anything. It’s a less formal process than going to court, while still giving you an enforceable outcome.

When Court Involvement Is Necessary

If negotiation, mediation and consent orders don’t resolve things, a court-ordered parenting arrangement may be the only option left. A judge will decide the arrangement based on what’s in your children’s best interests, considering both parents’ circumstances.

This is usually a last resort, since it can take longer and cost more than reaching an agreement another way. That said, our team is experienced in representing parents through contested parenting matters when court is genuinely the right path.

What the Court Considers, Including Family Safety

Courts weigh up a range of factors when deciding parenting arrangements, including your child’s age and relationship with each parent, schooling and healthcare needs, any relocation plans, and the role of grandparents where relevant.

Family safety is also a key consideration. If family violence is a factor in your matter, the court will factor this into any parenting decision, and you may need support with both your parenting arrangement and a related AVO matter. Our Domestic Violence & AVOs Parramatta team can help alongside your parenting matter.

Trusted Child Custody Lawyers in Parramatta

Several members of our family law team are Accredited Specialists in Family Law, recognised by the Law Society of NSW, so you’re getting advice from people who focus specifically on this area, not generalists. We take a mediation-first approach wherever possible, since reaching an agreement without going to court is usually faster, less stressful and better for your children, while still being ready to represent you in court where that’s the right path.

For eligible clients, we also offer flexible payment options through our partnership with JustFund, and with offices across Norwest, Penrith, Sydney CBD and Campbelltown alongside Parramatta, specialist input from elsewhere in the firm is always easy to arrange.