When relationships break down, agreeing on children’s care can be challenging. Our experienced Family Law team appreciates that every family is unique.
We work collaboratively with parents and other important people, like grandparents, to prioritise the child’s wellbeing.
At Mullins, the child’s best interests are paramount. The court considers factors including:
- the child’s safety and that of their carers;
- the child’s views;
- developmental, emotional, psychological and cultural needs;
- the benefit of safe relationships with parents and significant others; and
- any relevant family circumstances, including history of family violence or abuse.
Our team provides clear guidance through every stage of this sensitive process, delivering legal advice grounded in empathy and informed by the latest social science research to support the wellbeing of children and families.
Parental Decision Making
If it is safe and subject to any court orders, parents are encouraged to consult each other on major long-term decisions affecting their child, always prioritising the child’s best interests.
A parenting order may allocate decision-making responsibility jointly or solely. Where joint decision-making applies, both parents must consult and make a genuine effort to agree on matters such as education, major health care, religious or cultural upbringing, the child’s name, and significant changes to living arrangements.
We advise caregivers on their rights and obligations around parental responsibility. Our team can assist in negotiating and formalising arrangements. Where disputes arise, we provide skilled representation in mediation and court to ensure that the child’s best interests remain at the heart of every decision.
Parenting Plans
A parenting plan is a written, signed agreement between parents outlining arrangements for their child after separation. It covers where the child lives, time spent with each parent or significant others, how parental responsibility is shared, communication, child maintenance, and dispute resolution processes.
While not legally enforceable, courts consider parenting plans when deciding a child’s best interests. Plans can also vary existing parenting orders by agreement.
Our family law team assists clients by negotiating and drafting both parenting plans and binding parenting orders—court-approved arrangements that formalise care and decision-making responsibilities. When parents cannot agree, we provide expert advice and representation in mediation and court.
Relocation
Relocating a child to another town, state or country requires both parents’ consent. If you cannot agree, the court can decide, approving relocation only if it serves the child’s best interests. Moving a child without consent or a court order may lead to an order for their return.
We provide timely, compassionate advice in relocation matters, whether you are seeking to relocate with your child or prevent an unauthorised move. Our team can negotiate arrangements, prepare urgent applications, and represent you in court to ensure your child’s best interests are protected. We act quickly to safeguard your rights and provide clarity during what is often a stressful and time-sensitive situation.
Parenting Applications
If parents cannot agree on arrangements for their child after separation, they (or the child, a grandparent, or another person concerned for the child’s welfare) may apply to the court for a parenting order. Before filing, parties must usually obtain a certificate from an accredited family dispute resolution practitioner confirming they have attempted to resolve the matter, unless an exemption applies, such as in cases involving family violence.
Parenting orders can address parental responsibility, living arrangements, time with each parent or significant people, communication, and other aspects of the child’s care and development. Once made, these orders are legally binding, and non-compliance can have serious consequences.
We guide clients through each step of the parenting application process, from advising on the best course of action and preparing the required family dispute resolution certificate, to drafting court documents and representing clients at hearings. Our lawyers focus on achieving workable arrangements that prioritise the child’s wellbeing, minimise conflict, and provide clarity for all parties involved.
