Parenting & Child Custody

Putting Children First

When children are involved in a separation, the stakes could not be higher. Working out what arrangements are best for your children, especially when communication between parents has broken down or where there are concerns about domestic or family violence, is one of the most challenging aspects of any separation.

At Millar Trost Legal, we understand the emotional weight of parenting disputes and approach every matter with the sensitivity and focus it deserves. Our experienced family law team will help you navigate this process clearly and calmly, always keeping your children’s well-being at the centre of every decision.

The Best Interests of the Child

Australian family law does not use the concept of “custody.” The focus is not on the rights of parents but on the rights and best interests of the child. The law requires the Court to consider what parenting arrangements will best meet the child’s needs, including:

The child’s right to be protected from harm and to feel safe and secure
The child’s right to have a meaningful relationship with both parents, provided it is safe to do so
The child’s own views, depending on their age and maturity
The capacity of each parent to meet the child’s physical, emotional, and developmental needs
The practical considerations for the child, including the geographical distance between parents

There is no presumption of equal time. Arrangements are tailored to each family’s unique circumstances.

Reaching Parenting Arrangements

Many parenting matters are resolved through negotiation or family dispute resolution (mediation), which is generally required before applying to the Court, except in urgent or safety-related circumstances. Where agreement is possible, we will help you formalise arrangements through a Parenting Plan or Consent Orders.

Where matters cannot be resolved, we are experienced in representing clients in the Federal Circuit and Family Court of Australia. We will ensure you are properly prepared, clearly advised, and strongly represented throughout the process.

Domestic & Family Violence

Where domestic or family violence is a factor, as is often the case in parenting disputes, the safety of you and your children is our priority. We will advise you on urgent protective options and ensure any parenting arrangements properly reflect the safety needs of everyone involved.

Speak in confidence, with our family law team today.