Family law
Children's arrangements in Victoria.
Parenting matters work best when the focus stays on what actually works for the children week to week, rather than on the argument between the parents. CMK Legal in Richmond can assist with parenting plans and consent orders, and acts in disputed and urgent matters, always starting from the child's best interests and, wherever possible, resolving arrangements by agreement rather than in court.
Advice from a lawyer
Advice grounded in the child's best interests, not just what feels fair between parents.
Realistic timeframes
Agreement pursued first through family dispute resolution, or urgent action where it cannot wait.
Costs explained up front
Fixed fee for parenting consent orders where terms are already agreed.
Family Law Act & Victorian courts
Family Law Act 1975, section 60CC, and the Federal Circuit and Family Court.
How parenting decisions are made.
The Family Law Act 1975 requires every decision about children to be made in their best interests, considering safety first, then the benefit of a meaningful relationship with both parents, the child's own views weighted by age and maturity, and the practical realities of each household. There is no presumption of equal time, and arrangements that suited a young child often need to change as they grow.
A parenting plan is a written agreement between the parents that is flexible and can be updated as circumstances change, but it is not enforceable in court. Consent orders record the same kind of agreement but are made by the court and can be enforced. Many families start with a plan while things settle, then formalise it once the arrangements are working.
Family dispute resolution, a form of mediation with an accredited practitioner, is required before parenting proceedings can be filed in almost all cases, with exceptions for urgency, family violence or risk to a child. That requirement reflects how these matters are meant to be approached: by agreement first, with court kept for the situations that genuinely need it. Where the exceptions apply, urgent applications, including recovery orders for a child who has been withheld or removed, can be brought without that step.
If there is a genuine and immediate risk to a child's safety, do not wait for a scheduled appointment. Contact us and, where necessary, police or the family violence intervention order process should be engaged the same day.
How we help with parenting arrangements.
Keep the arrangement realistic for the children
Age, schooling, extracurricular commitments and each household's practical reality all shape what actually works, not just what looks fair on paper.
Cover the detail that prevents future arguments
Handover times, holidays, special occasions, travel and communication are the specifics that a vague agreement always ends up disputing later.
Act quickly where safety is a concern
Urgent applications, including recovery orders, are prepared without delay where a child's safety or whereabouts are genuinely at risk.
Make the outcome enforceable when it needs to be
Where a plan is not being followed, consent or court made orders give you a mechanism to enforce compliance that an informal agreement does not.
Talk to us if.
- You have separated and need to agree arrangements for the children
- The other parent is not following an existing plan or order
- You want to relocate with the children, interstate or overseas
- There is a dispute about schooling or medical decisions
- You are concerned about the children's safety in the other household
- A child has been withheld or removed without agreement
- Your children are getting older and the current arrangement no longer fits
- You have reached agreement and want it made into consent orders
Bring any existing parenting plan or orders, and a short summary of the current arrangement and what isn't working. This is usually enough for us to advise on your options at the first meeting.
How a parenting matter runs.
- 01
Initial consultation
We discuss the children's needs, the current arrangement, and whether there are any safety or urgency issues.
- 02
Family dispute resolution
Mediation with an accredited practitioner, required before filing in almost all non urgent matters.
- 03
Document the agreement
A parenting plan for flexibility, or consent orders where enforceability matters. We advise which suits your situation.
- 04
Court application if needed
Filed where agreement cannot be reached, or immediately in genuinely urgent or unsafe situations.
Transparent fees.
Consent orders drafted from terms you have already agreed are available as a fixed fee. Family dispute resolution referrals, negotiation and any court application are quoted stage by stage, so you know the cost before committing to the next step. Urgent matters are prioritised and costs discussed with you immediately.
FAQs
Children's arrangements FAQs.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Do I have an automatic right to equal time with my children?
Is mediation compulsory before going to court?
What's the difference between a parenting plan and consent orders?
Can I relocate with the children after separation?
What happens if the other parent breaches the orders?
Do older children get to decide where they live?
Related services.
Separation & divorce
Divorce applications and the decisions that matter in the first year.
Learn moreProperty settlements
A fair division of assets, superannuation and debts, documented so it is final.
Learn moreFamily violence intervention orders
Applications and responses in the Magistrates' Court, handled carefully and quickly.
Learn moreGet arrangements that work for your children.
Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.