Family Law
Child Custody Lawyers
We help parents address child custody and parenting arrangements, focusing on the best interests of children involved.
Proudly serving Mount Eliza, the Mornington Peninsula and Melbourne's Bayside suburbs.
Caring, Professional Child Custody Lawyers
Separation and divorce can bring emotional uncertainty, especially when children are involved. At Eliza Legal, we offer clear legal guidance on family law issues, working closely with you to achieve agreements that are both legally sound and support your child’s wellbeing.
We understand that the unique dynamics of family life are different for everyone and deliver solutions that work for your circumstances. We will work with you to create child-focused solutions, through informal parenting plans, Consent Orders or Parenting Orders.
How We Help With Parenting & Custody Matters
Every family is different. Our experienced child custody lawyers provide legal support that reflects your child’s needs, your parenting goals and your family’s specific circumstances.
Our parenting law services include:
- Strategic legal advice on your rights and responsibilities
- Preparation and support for mediation and family dispute resolution
- Negotiating and drafting Parenting Plans and Consent Orders
- Child support matters and binding child support agreements
- Representing you in family court, if necessary
- Guidance on complex issues like relocation, family violence, parental alienation or other special considerations regarding your matter.
Please get in touch with our team today for advice and support regarding your legal matter.
Skilled Legal Guidance For Children's & Parenting Matters
Managing the legal aspects of children and parenting arrangements during separation or divorce can be challenging. At Eliza Legal, we understand the emotional complexities and are dedicated to helping families in Mount Eliza and across the Mornington Peninsula reach agreements that are in the best interests of their children.
Helping You Understand The Family Law Act After A Relationship Breakdown
When a relationship ends, deciding on the future care and wellbeing of children is often one of the most emotionally challenging steps. Under Australian law, the Family Law Act places the highest priority on the child’s best interests, supporting meaningful relationships with both parents, while ensuring children are protected from harm.
Parental Responsibility
Parental responsibility means having the legal duty and authority to make important decisions about your child’s life—such as their education, healthcare, and religious or cultural upbringing.
As of 6 May 2024, the law no longer assumes that both parents will automatically share parental responsibility. Instead, the court will consider what arrangement is in the best interests of the child, especially their safety and wellbeing.
Parental responsibility can be shared or given to one parent alone. When it is shared, both parents are expected to consult each other and make major decisions together, unless a court orders otherwise.
Living Arrangements
Determining where your child will live is a crucial part of any parenting plan. Options may include equal shared care or one parent having primary care, with regular time spent with the other parent.
When deciding on living arrangements, the court focuses on what is in the child’s best interests. This includes the child’s safety, their views (if appropriate for their age), the benefit of a meaningful relationship with both parents, and each parent’s ability to meet the child’s physical, emotional, and developmental needs.
Time & Communication
Planning how your child spends time with each parent, including day-to-day routines, weekends, school holidays, and special occasions, is vital for consistency and emotional security.
The court encourages arrangements that support the child’s relationship with both parents, as long as it is safe to do so. It will consider factors such as the child’s age, their attachment to each parent, practical considerations like distance and schedules, and how well the parents communicate and cooperate.
Financial Support (Child Support)
Ensuring your child’s financial needs are met is essential. This may involve formal child support assessments or private arrangements based on income, care time and individual circumstances.
How we can assist:
At Eliza Legal, we provide strategic, compassionate support across a wide range of parenting and child custody arrangements, including:
- Guidance and legal advice before mediation
- Representing you during mediation sessions
- Assistance with resolving general parenting and custody disputes
- Negotiating and formalising parenting arrangements
- Addressing complex cases involving diagnosed personality disorders (e.g. narcissistic personality disorder)
- Supporting families in parenting matters involving neurodivergent children (e.g. autism, ADHD)
- Legal advice and action in cases involving family violence or child abuse
- Managing high-risk concerns such as drug or substance misuse
- Addressing cases of parental alienation
- Advising on and managing relocation matters
Why Work With Eliza Legal?
We’re more than legal experts - we’re advocates for families. We guide you through every stage with clarity, care and practical solutions that keep your child’s wellbeing front and centre.
Expertise in Family Law
Skilled family lawyers with deep experience in parenting disputes
Child-Centred Approach
Child-focused approach that focuses on emotional and practical stability
Tailored Advice
Personalised advice that aligns with your values and parenting goals
Local Expertise
Local family law firm, helping families throughout Melbourne and the Mornington Peninsula
Our Process
Step 1: Free 20-Minute Discovery Call
Speak with a family lawyer to understand how we can assist and what your options are.
Step 2: Fixed-Fee Initial Consultation ($440)
A 90-minute consultation where we’ll review your situation, provide tailored advice, and help you plan the next steps. Prior to your consult, we’ll send a 'Client Intake Form' to help us prepare and deliver the most value during your session.
Step 3: Ongoing Support
If you proceed with us, we’ll clearly outline costs and next steps. You’ll receive advice and representation tailored to your circumstances.
Child Custody FAQS
Have another question that hasn't been answered? Get in touch with our team and we'll help answer all your questions.
How do most people make parenting arrangements in Australia?
Most parenting arrangements in Australia are made through mutual agreement between separated parents, often documented in a Parenting Plan or Consent Orders. Our experienced family lawyers offer tailored family law advice to help you manage this complex legal landscape, ensuring fair and equitable outcomes in all children’s matters without escalating to court proceedings unless necessary.
What should be included in our parenting plan?
A parenting plan should outline daily care, living arrangements, communication methods and responsibilities for key decisions like education and health. Our Melbourne family lawyers ensure that all necessary aspects of your child custody matter are addressed comprehensively. Our team provides practical advice to ensure your plan supports your child’s best interests and minimises the potential for ongoing family law disputes.
What if we can’t agree on parenting arrangements?
Mediation is the first step in most cases when reaching an agreement isn’t possible. Mediation is required before the court. Our team of family lawyers will guide you through dispute resolution. If necessary, we’ll provide experienced legal representation in court to protect your child’s welfare. As a specialist family law firm, we ensure your family law journey achieves a fair and equitable outcome.
How are parenting disputes resolved if the other parent won't discuss things?
When one parent refuses to engage, we assist with initiating mediation. If mediation fails, we represent you in court proceedings. An Independent Children's Lawyer may be appointed in complex cases. Our family lawyers ensure you receive the right legal advice tailored to family law disputes involving non-cooperative former partners.
Can arrangements be changed later?
Yes, under some circumstances, changes can be made. Our family law experts can help you to update orders or parenting plans to reflect your child’s needs. Whether due to relocation, schooling or changes in work, our legal team delivers legal solutions that evolve with your child custody cases and support long-term family law matters.
Is 50/50 care the standard parenting arrangement in Australia?
Parenting arrangements are always based on the child's best interests. Courts assess each case uniquely. Our family lawyers will advise you on your options and ensure tailored outcomes, especially when family violence or child protection issues are a factor, ensuring a balanced outcome in all children’s matters.
Do I need court orders?
Not always. Parenting Plans are informal and flexible, but Consent Orders are legally binding. Our family lawyers advise on whether informal arrangements suffice or whether formal legal representation is needed to safeguard your legal rights in child custody matters. We offer specialist family law advice tailored to your unique situation.
How is child support dealt with in Australia?
Services Australia typically calculates child support payable based on income, care percentage, and other factors. Our family law experts guide you through assessments and private agreements. We also assist with Binding Child Support Agreements, helping separated parents navigate the system to ensure their children are financially supported post-separation.
What is the legal process for making parenting arrangements?
The process begins with negotiation or mediation. If unresolved, the court is the next step. Our family law team can assist you whichever way you need to go - from drafting agreements through to court proceedings.
Contact Our Compassionate Team Of Child Custody Lawyers Today
Whether you're addressing parenting arrangements, financial settlements, or complex family law matters, our experienced family lawyers are here to guide you every step of the way. Let us help you achieve a fair and secure outcome for your family.
