Child Custody Lawyers Melbourne

Australia’s child support scheme is administered by Services Australia. The payments parents make to support  their children under the child support laws are known as ‘child support’. 

Parents have the duty to support their children financially. The amount of child support payable can be agreed  between parents. You may enter into a private child support agreement and include the agreement in a parenting  plan without the need to apply to Services Australia or the Federal Circuit Court.  


Alternatively, the amount of child support payable can be determined through an assessment done by Services  Australia.  

You can submit an application to the Federal Circuit Court for a departure from a child support evaluation made  by Services Australia in certain restricted circumstances. 

Parenting Arrangements & Plans – Child custody

  1. Parenting Plan

A parenting plan is a written agreement between parents that sets out parenting arrangements made for your  children. This document can be created outside the court. Parenting plans should be practical, simple, and as  concrete as possible. Any aspect of the care, welfare, and development of a child can be dealt within a parenting  plan. 

Things that may be covered in a plan can include: 

  • How the parents will share parental obligation and consult about decisions. 
  • With whom the child will live? 
  • What time the child will devote to each parent 
  • What time the child will spend with other families, such as grandparents 
  • How the child will connect with each parent or other people (e.g., by calls, email, or letters) What preparations need to be made for specific days, such as birthdays and vacations? What process can be applied to change the plan or settle any disagreements about the strategy? Maintenance of a child and 

Any other concern about parental obligation or the care, welfare, and expansion of the child A parenting plan is different from a parenting order made by a court and is not a legally enforceable agreement.

2.) Parenting Order

Parenting arrangements made by a court for a child as a set of orders is called a parenting order. A court has the  power to make a parenting order based on an agreement between the parties (consent orders) or after a court  hearing or trial. Each person affected by the parenting order must follow it.  

When making parenting orders in relation to the child, the court must consider the terms of the most recent  parenting plan if it is in the best interests of the child to do so, should parents end up in court at a later date. The  extent to which both parents have complied with their obligations in relation to the child, will be considered by the  court. This may include the terms of a parenting plan.  

A court can penalise someone for failing to comply with a parenting order, which has not been altered by a  parenting plan, if another person files an application alleging the person did not comply with the order. 

3.) General

The Family Law Act needs a court to make the most effective interests of the kid because the most significant thought once creating a parenting order. 

Rather than on parental rights, The Family Law Act focuses on the rights of kids and also the responsibilities that every parent has towards their children. The Act aims to confirm every} kid enjoys a pregnant relationship with each of their oldsters which kids square measure shielded from hurt.

The Family Law Act makes clear that:

  • Each oldster’s square measure answerable for the care and welfare of their children till the kids get eighteen.
  • There’s a presumption that arrangements that involve shared responsibilities and cooperation between the parents square measure within the best interests of the kid.

The separation will usually be a disagreeable time for your child/ren. they will react in numerous ways in which to a separation or divorce. The child’s age, temperament, and level of cooperation or conflict between the oldsters will confirm however that kid reacts.

They may encounter a spread of feelings that square measure difficult for them to wear down.

Children square measure additional seemingly to adapt to the changes if they’re supported and inspired to take care of a positive relationship with parents, their grandparents, and alternative relatives.

If they still have adjunct and caring relationships with oldsters and alternative vital folks in their lives, like grandparents, and alternative relatives, kids from separated families will develop and flourish even as well as alternative kids. 

Children would like the continued care and support of their parents. getting to them’ll concern less if you’ll be able to decide concerning what’s going to occur and clarify why to them. you ought to both:

  • Reassure your child/ren that you just still love them.
  • keep in mind that recognizing and dispensing with the separation can enable you to higher support your kids to try to an equivalent.
  • enable your child/ren the correct to like each of you – don’t build them opt for.
  • Tell your child/ren that they’re to not blame and facilitate them to debate their feelings – they usually blame themselves, particularly once oldsters fight concerning them or things they need to be done.
  • Listen sensitively to your children’s attitudes and views while not judging.
  • speak with the opposite parent concerning problems regarding your child/ren.
  • ensure your child/ren doesn’t hear or see you fighting.
  • Keep your child/ren out of your arguments with or concerning the opposite parent.
  • Be positive concerning the opposite parent once reproof your child/ren.
  • communicate alternative adults for emotional support instead of to your child/ren.
  • speak along with your child/ren’s academics in order that they perceive true, and
  • Keep your concentrate on your child/ren’s well-being instead of on what’s ‘fair’ for you.

Every family is completely different. Procedures that employment for your family is also distinct from alternative families. try and build agreements that employment best for your kids.

When deciding (parenting plan) for your child/ren, you may get to consider:

  • The age of the child/ren is very vital when deciding what arrangements can work.
  • Establishing a daily routine that the child/ren is aware of the routine and what to expect once, however even be versatile once needed.
  • Giving lots of notice if you want to vary the routine, for instance, for special family occasions.
  • Whether or not it’s moderately sensible for the child/ren to pay equal time or substantial and vital time with every parent (substantial and vital time includes weekends, college holidays, and days aside from those)
  • however, their time is spent with alternative vital persons in their lives, like grandparents and alternative relatives
  • United Nations agency can when taking care of} them after college and wherever can they pay the holidays?
  • The other things like selection of faculty, health care, sport, or non-secular matters and

The way to make sure that the child/ren still gets pleasure from their culture.

Know Where You Stand?  Book Your Appointment with our experienced family lawyer and discuss your queries.