Our Child Custody lawyers resolving Parenting Arrangements for Central Coast Families
CopperTree Family Law is a family law practice in Erina, acting for separated parents across the Central Coast — Gosford, Terrigal, Kincumber, Woy Woy, Wyong, The Entrance and the surrounding suburbs.
Most people still say “child custody”, but that term no longer appears in Australian family law. Decisions about who a child lives with, how much time they spend with each parent, and who makes the major long-term decisions are all made according to one test: the best interests of the child.We take the time to listen to your story, understand what matters most to you, and explain how the law is likely to view your situation. Whether you are hoping to reach a calm agreement or you are already in dispute, the first step is understanding your options. Speak to one of our Central Coast family lawyer
You may decide upon a parenting plan, which is not legally binding but reflects a mutual agreement about child or children’s care and living arrangements between yourself and your former partner. In addition, whether or not you should formalise a parenting plan requires consideration. Contact us so we can walk you through it.
If you are unable to reach an agreement, our family lawyers will help you decide upon the best strategy. We can make an application for formal court orders, and assist with other parenting issues. For instance, placing children on an airport watch list, DNA testing, or child recovery. If you are contemplating re-marriage or relocation, we can also advise on the impact this might have on any agreement.Department of Human Services oversees the administration of child support. The Courts have limited involvement in this area and situations are oftentimes complex. Contact us for guidance.
There are many complex considerations when making arrangements for the children. At CopperTree Family Law, we understand that emotions about children run high. Come and talk it through with a family lawyer who understands how important this decision is for you. We are conveniently located in Erina on the Central Coast. Please contact us today for an appointment. See our full list of service areas.
The right choice depends on how much trust remains between you, whether there are safety concerns, and how much certainty you need. Most of our clients start at option two or three. Parenting after separation almost always starts with a conversation rather than a courtroom. In practice, separated parents settle their arrangements in one of four ways:
Nothing written down. Flexible, but nothing to fall back on if the other parent changes their mind.
A written, signed and dated agreement between you and the other parent. Not enforceable by a court, but a genuine record of what you both agreed.
Your agreement filed with and approved by the court, which makes it legally enforceable without either of you having to attend a hearing.
Where agreement isn’t possible, a judge decides.
| Parenting Plan | Consent Orders | |
|---|---|---|
| Enforceable by a court? | No | Yes |
| Needs court approval? | No | Yes, filed as an Application for Consent Orders |
| Easy to change? | Yes, if both parents agree in writing | Usually requires new consent orders or a court application |
| Do you have to attend court? | No | Usually no, decided on the papers |
| Best suited to | Parents who communicate well and value flexibility | Parents seeking certainty or where trust is limited |
A parenting plan is not worthless simply because it cannot be enforced. If a dispute later comes before the court, the court may consider the most recent parenting plan when making decisions. It also demonstrates that both parents were willing to negotiate and work together.
Consent orders are often the preferred option for separated parents who want their agreement to be legally binding. We regularly assist Central Coast families with preparing and filing consent orders and can advise whether this additional step is appropriate for your circumstances.
Parental responsibility means all the duties, powers and authority that parents have in relation to their children. It is not about time spent. It is about who makes the major long-term decisions: schooling, serious medical treatment, religion, name, and where the child lives if that significantly affects their relationship with the other parent.
Australian family law is built around the rights of the child rather than the rights of the parent. There is no legal right to a set amount of time with your child, and no automatic entitlement to make decisions on your own. Each parent has parental responsibility for their child, and separation does not by itself change that — but how it is exercised after separation is decided by reference to the child’s best interests.
No. This changed on 6 May 2024. The presumption of equal shared parental responsibility was removed from the Family Law Act, and new provisions now deal with how separated parents make decisions about major long-term issues. There has never been a requirement for children to spend equal time with each parent, despite how often that idea gets repeated.
You apply to the Federal Circuit and Family Court of Australia for a parenting order giving you sole decision-making responsibility for major long-term issues. In practice you will usually need to:
Sole parental responsibility is not granted because one parent finds the other difficult. Courts order it where the evidence shows joint decision-making would not serve the child, commonly in matters involving family violence, entrenched conflict, substance misuse, or a parent who has disengaged. If that’s your situation, bring us the detail and we’ll give you a straight assessment of your prospects.
Before filing a parenting application, you generally need a section 60I certificate from an accredited family dispute resolution practitioner confirming you made a genuine effort to resolve matters. This surprises many parents, and it’s the step where a well-prepared parenting plan often comes together.
Limited exceptions apply, including matters involving family violence or child abuse risk, genuine urgency, where a party is unable to participate, and certain contravention applications. We’ll tell you at the first meeting which category you fall into.
Family dispute resolution near you. Central Coast parents can access accredited FDR through Interrelate at Gosford, Relationships Australia, and services listed by the Family Law Pathways Network Central Coast. We can refer you and prepare you for the session so you go in knowing what you’re aiming for.
Mediation is not a soft option. It is usually faster, considerably cheaper, and far less damaging to the co-parenting relationship your children will rely on for years. It also works better when you understand the legal framework beforehand, which is where we come in.
If negotiation and mediation don’t resolve matters, our family lawyers will help you decide on a strategy rather than simply filing and hoping. We act for parents in applications for parenting orders and in urgent situations, including:
Not simply because circumstances feel different. A court will generally only reconsider final parenting orders where there has been a significant change of circumstances and reconsideration is in the child’s best interests. Alternatively, you and the other parent can agree to new consent orders. We can advise whether what has changed in your situation is likely to clear that threshold.
There are many complex considerations when making arrangements for children, and emotions about children run high. Parents who are divorcing, or who were never married, face the same test and the same process. What differs is the detail of your family, and that detail is what we work with. At CopperTree Family Law we protect and advocate for your interests at all times, while being clear with you about the legal framework your needs will be considered under. We would rather tell you something unwelcome early than let you spend money pursuing an outcome the law won’t give you.
Anonymous
2 years ago
I would highly recommend Cheryl for your family law needs. She is professional, efficient, committed and friendly to work with. Cheryl will endeavour to achieve the best outcome for you.
I would highly recommend Cheryl for your family law needs. She is professional, efficient, committed and friendly to work with. Cheryl will endeavour to achieve the best outcome for you.
Ely M
1 year ago
Very good I recommend to my friends and family all the time.
Very happy with the advice Cheryl gave and provided peace of mind.
From my experience I found them easy to deal with and straight to the point with advice…. which is all you really want in these sort of matters
No. “Custody” and “access” were replaced years ago. The law now speaks about who a child lives with, who they spend time with, who they communicate with, and who holds parental responsibility for major long-term decisions.
All the duties, powers and authority parents have in relation to their child, particularly decisions about major long-term issues such as schooling, serious medical treatment, religion and significant changes to living arrangements. It is separate from the question of how much time a child spends with each parent.
No. There has never been a requirement for children to spend equal time with each parent. Since 6 May 2024 the presumption of equal shared parental responsibility has also been removed, and arrangements are decided on the child’s best interests in the circumstances of each family.
A parenting plan is not enforceable by a court. It records what you and the other parent agreed, and a court will consider the most recent parenting plan if a dispute later arises. For an enforceable arrangement, you need consent orders.
A parenting plan is not enforceable by a court. It records what you and the other parent agreed, and a court will consider the most recent parenting plan if a dispute later arises. For an enforceable arrangement, you need consent orders.
No. “Custody” and “access” were replaced years ago. The law now speaks about who a child lives with, who they spend time with, who they communicate with, and who holds parental responsibility for major long-term decisions.
All the duties, powers and authority parents have in relation to their child, particularly decisions about major long-term issues such as schooling, serious medical treatment, religion and significant changes to living arrangements. It is separate from the question of how much time a child spends with each parent.
No. There has never been a requirement for children to spend equal time with each parent. Since 6 May 2024 the presumption of equal shared parental responsibility has also been removed, and arrangements are decided on the child’s best interests in the circumstances of each family.
A parenting plan is not enforceable by a court. It records what you and the other parent agreed, and a court will consider the most recent parenting plan if a dispute later arises. For an enforceable arrangement, you need consent orders.
You and the other parent set out the agreed arrangements, and we prepare and file an Application for Consent Orders with the Federal Circuit and Family Court. The court assesses whether the orders are in the child’s best interests. In most cases neither parent needs to attend court.
Generally yes. You usually need a section 60I certificate from an accredited family dispute resolution practitioner before filing a parenting application, unless an exception applies, such as family violence, child abuse risk or genuine urgency.
By applying to the Federal Circuit and Family Court for a parenting order giving you sole decision-making responsibility for major long-term issues. You will need evidence that joint decision-making is unworkable or unsafe for the child, not simply that communication is difficult.
A step-parent does not gain parental responsibility automatically. A step-parent concerned with a child’s care, welfare and development can apply for parenting orders, and the court can consider the benefit to the child of continuing that relationship where it is safe.
A relocation that significantly affects the child’s relationship with the other parent is a major long-term issue. You should have the other parent’s written agreement or a court order before moving. Relocating unilaterally can result in a recovery order and can damage your position in later proceedings.
At CopperTree Family Law, we protect and advocate for your interest at all times, while advising you of the legal framework under which your needs will be considered.
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