Child Custody

Helping You Make the Right Decisions for Your Children

Understanding Parenting Arrangements

When a relationship ends, there’s nothing more important than making sure your children feel safe, supported and secure.

At THAMS Law Group, we understand how difficult this time can be — not only for you, but for your children, who may be facing their own confusion and emotional stress.

Our focus is always on helping you create clear, workable parenting arrangements that prioritise your children’s best interests and reduce unnecessary conflict. Whether you’re able to reach agreement with the other parent or need assistance resolving disputes, we’ll guide you through the process with compassion, clarity and care.

In Australia, we no longer use the terms “custody” or “access”. Instead, we talk about parenting arrangements - which cover where your children live, how much time they spend with each parent, and how important decisions are made.

You don’t need to go to court to establish these arrangements. Many families are able to resolve matters through informal agreements or a Parenting Plan. These can later be formalised through Consent Orders if needed. If you and your ex-partner are unable to agree, you may need to apply to the Federal Circuit and Family Court of Australia for Parenting Orders.

We’ll help you understand every option available and guide you through whichever path is right for your family.

WHAT WE DO

Custody Services

Mediation and Dispute Resolution

Wherever possible, we encourage parents to resolve disputes without court intervention. Mediation provides a safe, structured environment where both parties can express their views and work toward a solution that supports their children.

We support our clients through this process — helping you prepare for mediation, understand your rights, and make informed decisions that align with your children’s needs. If court proceedings do become necessary, we’ll represent your interests with care and clarity.

What If We Can’t Agree?

If you and your ex-partner cannot reach agreement, the next step is usually to file an application with the Court. This doesn’t mean a lengthy trial — many matters settle along the way. However, if ongoing conflict or safety concerns exist, formal court intervention may be needed to ensure safe, stable arrangements are in place.

We will be by your side through each stage — preparing documents, guiding you through negotiations, and protecting your rights while keeping your children’s wellbeing at the forefront.

What Does the Court Consider?

When parenting matters can’t be resolved privately, the Court is guided by one central principle: the best interests of the child.

Under the Federal Circuit and Family Court of Australia Act 2021 (Cth), the Court must consider a range of factors, including:

  • Whether your child can maintain a meaningful relationship with both parents (when safe and appropriate)

  • Protecting your child from physical or emotional harm

  • Each parent’s ability to meet the child’s daily and long-term needs

  • The child’s own views, depending on their age and maturity

  • The potential impact of any changes to their current home, routine or school

  • Any history or risk of family violence or abuse

At THAMS Law Group, we know that every family’s story is different — and that the idea of court can feel overwhelming.

That’s why we take the time to understand your concerns, your goals, and your child’s needs. We’ll help you prepare a strong, child-focused case that’s honest, well-documented, and grounded in care — not conflict.

Whether you’re navigating complex safety issues or simply want to ensure your child has a stable future, we’re here to guide you through every step with empathy and clarity.

Helping You Navigate Parenting Disputes with Confidence.

At THAMS Law Group, we understand the emotional toll child custody disputes can take on you and your family.

Our family lawyers are committed to providing compassionate, practical legal support that prioritises the best interests of your children. We’ll take the time to understand your situation, offering expert guidance tailored to your specific needs.

With our focus on clear communication and a client-first approach, we’ll ensure you feel supported, informed, and empowered throughout the entire process.

FAQs

  • A Parenting Plan is a written agreement between both parents. It’s flexible and informal, but not legally enforceable. Consent Orders are approved by the Court and carry legal weight.

  • Not always. Many families resolve matters through mediation or mutual agreement. But if an agreement can’t be reached, or if safety is a concern, you may need to apply to the Court.

  • If you have Consent Orders and your ex-partner breaches them, we can help you enforce those orders through the Court.

  • Yes. The Court considers the roles each parent has played and what’s in the child’s best interests moving forward, including stability, safety and emotional needs.