Child Custody Lawyer Sydney

Trusted Child Custody Lawyers In Sydney.

We understand that the process of separation and divorce can be a stressful time for children. During the process of separation and divorce, it is important to obtain legal advice during this difficult time. O’Loan Family Law has child custody lawyers in Sydney to help you and your family.

Our solicitors provide a wealth of knowledge in this area as a specialist family law firm, so please reach out to us if you need help booking a 15-minute initial complimentary consultation. During this initial appointment, the solicitors will meet with you to have a discussion of issues regarding your matter. We have a responsive support team and motivated family lawyers that can help you in your family law matters.


When It’s Time To Go Separate Ways

Divorce and separation have different legal statuses and may also impact the custody of children. Under Australian Family Law, separation involves the ending of a marriage or de facto relationship.

Divorce is the legal dissolution of marriage. The granting of a divorce does not consider issues such as financial support and arrangements of children. Rather, it is a formal recognition that the marriage has ended.

After separation and divorce, child custody is an important determination to be decided. 


How Does Child Custody Work?

Child custody involves the specific rights and responsibilities that each parent has for the care of their children. Child custody is determined by a judge, with the paramount consideration being the best interests of the child.

Primary Considerations

The court assesses the child’s best interest by giving weight to the following:

  • the benefit of the child having a meaningful relationship with both of the child’s parents; and
  • the need to protect the child from physical or psychological harm from being subjected to, or exposed to abuse, neglect or family violence.

There are additional considerations made by the court to determine what is in the child’s best interests once the paramount consideration has been made.

The additional considerations are as follows:

  • any views expressed by the child;
  • the nature of the relationship of the child with each parent and other relatives; and
  • the practicality and difficult of child maintenance.


Equal Shared Parental Responsibility

The concept of equal shared parent responsibility is often misunderstood. If a court makes an order for equal share parental responsibility, it means that the parents need to jointly make long term decisions on the needs of the child, such as education and medical treatment. Responsibility also involves decisions that need to be made on a day-to-day basis such as what your child wears and what activities they do.


What Do Judges Look For In Child Custody Cases?

When it comes to parenting arrangements, the court looks at different facts to decide what is in the best interest of the child. These factors include:

  • The benefit of the child having a meaningful relationship with both parents;
  • The need to protect the child from physical or psychological harm and domestic violence;
  • Each parent’s attitude and demonstrated commitment to their role as a parent; and 
  • The difficulties that may arise from certain custody arrangements.



Child Custody Matters

Child Support

Child support payments or payment arrangements are made between separated parents to help the costs of raising children.

Child support agreements can also be arranged following a child support assessment. You can decide on a suitable arrangement for your child support matter, including binding child support agreements, limited child support agreement and court ordered periodic child maintenance.


Parenting Orders

Parenting orders are implemented when parents required a legally enforceable arrangement. Parenting orders address specific behavior’s such as the times when a parent will pick up a child from school or whether the parent can take the child overseas.


Interim Orders

Interim orders are “temporary orders” that are usually made on the basis of urgency to determine parenting and financial matters before the final hearing. Parties must first attempt Family Dispute Resolution (FDR) with a mediator before making an application for parenting proceedings, unless there is a history of family violence or child abuse.

An interim order for parenting may include the following:

  • who the child will reside with; and 
  • the amount of time the children will spend with each parent and other people.


Consent Orders

Consent orders are written agreements approved by a court following the breakdown of a relationship. Although there is no standard process time, it usually takes 6 to 8 weeks before a Registrar to review an application for consent orders. Consent orders are useful as it deals with both financial and parenting matters.



How Our Child Custody Lawyers Can Help You

Private Agreements

Our Child Custody Lawyers can help you with private agreements


Assisting With Visitation

Child custody lawyers can help you with your visitation rights and assist you in getting more visitation with your child.


Providing For The Financial Needs Of Children

At O’Loan Family Law, we will review your individual situation to ensure that we can assist you during your relationship breakdown. We will ensure to provide you with a positive experience and an optimal outcome. If you have any queries about booking an initial appointment, please contact our family law team and we can assist you.



FAQs/Common Questions

Custody arrangements can be made without going to court. If both parents agree on the arrangements for the children, then there are a few options including having an informal agreement, having a parenting plan or applying to court for consent orders. If the parents do not agree on the arrangements, then the parties must try Family Dispute Resolution and if that does not work, the parties could seek legal assistance to make a Parenting Order.

The parents of children under the age of 18 continue to have shared parental responsibility of the child. When considering the child’s wishes, the courts will look at the child’s age and the court will assess the child’s level of maturity. Children as old as 17 years have had their wishes overruled by the court.

Full child custody or sole parental responsibility, means that one parent is responsible for the child’s care and long-term decisions. An individual make seek full child custody if they are concerned that the other parent poses a harm to the child, or the child is not capable of taking care of the child.

Organise a complimentary 15-minute phone consultation.

We’d love to talk with you and explore how we can help you. Please contact us to organise your complimentary 15 minute telephone consultation.