Child Custody Lawyer Melbourne
Our Practices
Child custody and parenting arrangements advice in Melbourne
When it comes to child custody, arranging care and parenting orders can be an emotional and challenging process that calls for both legal precision and considerate empathy for those involved. The main priority is always the child’s emotional and physical well-being, which means considering factors such as safety, stability, and overall welfare. These decisions must balance the child’s best interests with fairness to all parties involved, while complying with the law. With the right guidance, experienced child custody lawyers in Melbourne can help you understand your options and work towards resolving parenting matters in a practical, respectful, and amicable way.
At Schetzer Papaleo Family Lawyers, our team of expert family and relationship lawyers works diligently to achieve the optimal outcome for your family, particularly for your child, during these challenging times.
How child custody and parenting arrangements work in Victoria
Under the Family Law Act 1975, child custody in Australia is referred to as “parental responsibility.” This means having the legal authority to make important long-term decisions about a child’s life. These decisions can include where the child goes to school, their medical care, where they live, and other major aspects of their upbringing. The law focuses on what is in the child’s best interest, and, generally, this means the involvement of both parents. However, the living and spending time arrangements with each parent can change if there are serious concerns about a child’s safety, such as abuse, neglect, or family violence that is presented and proven.
As any good child custody lawyer can agree on, the paramount consideration in proceeding is always the well-being of the child, with parenting decisions being primarily guided by this principle. As such, care arrangements and parenting orders significantly consider the benefit of both parents having a meaningful relationship with their child, the overall safety of the child in their living environment, and the ability of each parent to meet the child’s emotional and physical needs. These considerations help ensure the best possible outcome for the child.
Pathways to reaching parenting arrangements
Often, parenting matters can be resolved without going to court. Treating court proceedings as a last resort can help protect children from unnecessary stress or trauma, give parents more control over decisions, and save time and money. Before applying to court, families are usually encouraged to try open communication, negotiation, and dispute resolution, except in urgent situations or cases involving family violence. Getting legal advice early from a child custody lawyer can help you understand the process and feel more confident moving forward. It can also make it easier to navigate the complex and sensitive issues that often arise in these matters, helping families reach practical and balanced solutions.
Parenting plans and consent orders
To resolve issues before applying to court, mediation enables parents to discuss arrangements and other parenting issues in a neutral environment, assisted by a trained mediator. When a child custody lawyer is involved, they can support parents to ensure that the proposals put forward are practical, legally appropriate, and most importantly, child-focused.
Once an agreement has been reached, a Consent Order can be clearly and specifically detailed and signed to make the informal agreement legally binding and thus enforceable in family court.
How SP Family Lawyers can help with children’s matters
At Schetzer Papaleo Family Lawyers, our approach to child custody and parenting matters is centred on being child-focused, strategic, and practical. We work with parents to develop realistic proposals that support their child’s developmental needs, while also taking into account everyday considerations such as work schedules, living arrangements, schooling, and other important factors. From the outset, the safety of children and parents is one of our highest priorities. If any risks are identified early, we can help put temporary arrangements in place to provide stability and protection while longer-term solutions are explored and developed. Following defined timelines, Schetzer Papaleo provides tailored legal advice that reflects your individual circumstances, ensuring you receive focused and reliable support throughout the process.
Preparing for your first meeting
Preparing useful information for your initial consultation can help your child custody attorney give tailored, effective advice from the onset.
Here are some things you can prepare ahead of time:
- Any immediate concerns about the safety of the child or family, along with evidence
- Current parenting and care arrangements
- Any Orders made concerning the parents or the child, including Family Violence Orders or Family Law Orders
- Each parent’s work schedule and availability
- Schooling and childcare details of the child
- Any travel or relocation issues
Having a clear understanding of your current situation helps your child custody lawyer/attorney develop an appropriate strategy that effectively and efficiently addresses the concerns of all parties involved.
Frequently Asked Questions
When should I speak with a child custody lawyer?
You may wish to speak with a child custody lawyer if you are separating, unsure how parenting arrangements should work, concerned about your child’s safety or wellbeing, or having difficulty reaching agreement with the other parent. Early advice can help you understand your options and avoid steps that may make the situation more difficult.
How are parenting arrangements made after separation?
Parenting arrangements can often be made by agreement between parents. Depending on the circumstances, this may involve an informal agreement, a written parenting plan or consent orders approved by the Court. The right approach will depend on your family situation, the level of agreement between the parties and whether there are any safety or risk concerns.
Do parenting matters always go to court?
No. Many parenting matters are resolved without court proceedings. Parents may be able to reach agreement through negotiation, mediation or lawyer-assisted discussions. Court may be necessary in some circumstances, particularly where agreement cannot be reached, there are urgent issues, or there are concerns about family violence, safety or risk.
What may the Court consider in children’s matters?
In children’s matters, the Court’s focus is the best interests of the child. The matters considered will depend on the circumstances, but may include the child’s safety, wellbeing, care arrangements, relationship with each parent and any issues that may affect the child’s welfare. Legal advice should be obtained for guidance specific to your situation.
Can a lawyer help with parenting plans and consent orders?
Yes. A family lawyer can help you understand the difference between parenting plans and consent orders, draft clear terms, identify practical issues and advise whether proposed arrangements are suitable for your circumstances. Consent orders, once approved by the Court, are legally enforceable.
Can child custody issues affect child support?
Parenting arrangements and child support can be connected, but they are separate legal issues. The amount of time a child spends with each parent may be relevant to child support assessments. If you need advice about both parenting and financial support, SP Family Lawyers can help you understand how these issues may interact.
How can SP Family Lawyers help with child custody and parenting matters?
SP Family Lawyers can assist with parenting arrangements, parenting plans, consent orders, court orders, relocation issues, safety concerns, enforcement issues and related family law matters. We provide practical advice focused on your child’s wellbeing and your family’s circumstances.
Speak with a child custody lawyer in Melbourne
Every family’s situation is unique, which means each case needs a personalised approach that takes all relevant details into account. Schetzer Papaleo Family Lawyers can give you the right legal advice to reach child-focused agreements efficiently and respectfully.
Move toward a secure parenting plan that prioritizes your child’s well-being by booking a strategy session with Schetzer Papaleo Family Lawyers. Call us at +61 3 8602 2000 or email us at admin@spfamilylawyers.com.au today.
Let us help you
What our clients have to say
I first met Daniel Myers some years ago during the very early stages of my family law matter. I had a previous bad experience with another law firm and approached Daniel after receiving a recommendation from a friend. I was seeking legal counsel for a highly difficult and volatile family law matter which involved: family violence protection orders, an inter-state appeal to the high court and child custody.
As soon as I met Daniel I felt at ease and comfortable as Daniel would listen to all of my concerns and would provide me with clarity on a variety of issues. When carrying out his duties, Daniel would always go above and beyond to respond to me in a timely and prompt manner and as a result, I never felt left in the dark or unsure of anything. Regardless if correspondence was positive or negative, Daniel would inform me immediately and explained what was required next during every step of the legal process.
There were several legal appearances which required interstate travel in which Daniel would always arrive prepared for and on time. In addition to this, throughout our matter Daniel was always respectful, diligent and persistent. Even during the most challenging areas of the legal process, Daniel would persevere and explore every potential avenue, leaving no stone unturned. Some areas of the case were extremely complex however Daniel’s sound analytical skills and forensic approach to problem-solving ultimately led to us receiving a positive case outcome – one I thought at many a time to be almost impossible.
Daniel is extremely rational-minded and works impeccably well under pressure, his attention to detail is second-to-none. I had many stressful moments in which Daniel efficiently and effectively addressed my concerns. Daniel always acted in the best interest of myself and my child and every decision made was with the best of intentions.
Each interaction I had with both Daniel, and his co-workers, was always a positive experience.
If I ever require legal representation again in the future, or if I knew someone who required legal representation of their own, I would highly recommend Daniel or a member of his team.
Thank you so much for all of your help and effort – I will be eternally grateful.
David and Kerry were excellent and achieved the best outcome possible. I would highly recommend them.
I cannot recommend Schetzer Papaleo Family Lawyers enough! I have been so lucky having Kerry Ktenas as my lawyer. She has been incredibly supportive, kind and professional throughout a stressful separation and has kept me sane during difficult times. Thank you for helping me gain freedom and happiness in my life again!
The hardest part of making your way through court is finding a decent lawyer. It’s painful and I know because I just came out the other side. Of the 50 or so I would have contacted Daniel Myers is on another level. Most are only concerned with how much money they can get out of you while Daniel has a genuine interest in your file. He drills down, understands the law in detail and has an uncanny ability to nail the most relevant issues. Daniel protects his clients by providing them with intelligent wise thoughtful counsel.
I was basically set upon by a pack of wolves and as soon as the opposition knew I had Daniel in my corner. They always had the towel nearby ready to throw it in. They don’t want to take him on because it means they have to work. This is how my matter resolved. Navigating your way through a legal matter and or court is a blood sport so let me give you some real first hand advice to make it a whole lot easier and get the result you are seeking. Start with Daniel Myers and finish with Daniel Myers. Don’t waste your time and put yourself through the pain of finding a lawyer. I just gave you the best. Daniel Myers.
I have been dealing with Andrew Papaleo for the last six years and most recently Kerry Ktenas in regards to Family Law. This Firm is highly professional and child focused, all of my matters have been resolved in a cost efficient, honest manner with outstanding results.
I am so grateful to Schetzer Papaleo, they have been fabulous, they are very professional and have helped me through some very difficult times.
I am impressed that they are family focused and they have been great to work with. I would highly recommend their services.
The whole team are friendly, efficient and welcoming. Would recommend unhesitatingly.
Thanks to Andrew and the team for their professionalism and their support throughout the whole process. And for amazing result. A special thanks to David for taking on a difficult task.