1) “What does the law call ‘child custody’ now?”

In Australia, the term child custody is no longer used in parenting cases. Instead, the Federal Circuit and Family Court of Australia (FCFCOA) refers to parenting arrangements, time, and decision-making responsibility. From 6 May 2024, the law shifted to a best-interests-only model, removing the previous presumption of equal shared parental responsibility. Now, courts make decisions based solely on what will best support a child’s safety, wellbeing, and overall development.

2) “So what does ‘best interests of the child’ actually mean in 2025?”

Judges must consider a simplified list of factors in section 60CC of the Family Law Act 1975 (as amended in 2024). These include the child’s safety, developmental needs, views (in an age-appropriate way), the benefit of relationships with parents and other significant people, and each parent’s capacity to meet the child’s needs. There’s no longer a hierarchy of “primary” vs “additional” considerations.

3) “Do the courts still start from ‘50/50 time’?”

No. There is no legal starting point of equal time. The 2024 reforms repealed the presumption of equal shared parental responsibility that many parents once (mistakenly) equated with 50/50 time. Time arrangements are made case-by-case around safety, practicality, the child’s needs, and what will actually work for your family.

4) “Do we have to try mediation before going to court?”

In almost all parenting disputes, yes. You’re generally required to attempt Family Dispute Resolution (FDR) and obtain a section 60I certificate before filing an application—unless an exemption applies (for example, urgent risk or family violence). Only accredited FDR practitioners can issue these certificates.

5) “How are my child’s views heard?”

Children do not give evidence from the witness box. Their experiences and views are usually put before the Court through:

• a Child Impact Report (CIR) prepared early in the case by a Court Child Expert; and/or
• a more detailed Family Report (often for final hearings).

In appropriate cases, the Court can also appoint an Independent Children’s Lawyer (ICL) to represent the child’s best interests (not the child directly).

6) “What’s the difference between a Parenting Plan and Consent Orders?”

• Parenting Plan – a written, dated agreement between parents. Helpful and flexible, but not legally enforceable.
• Family Relationships Online
• Consent Orders – your agreement approved by the Court and made into formal parenting orders. These are binding and enforceable (and can be enforced if breached). The Court provides a DIY kit and templates.

7) “What happens if someone breaches parenting orders?”

If a party contravenes parenting orders without a reasonable excuse, the Court has a wide range of responses: ordering makeup time, bonds, costs, fines, and in serious/repeated cases, imprisonment. The FCFCOA manages these through the National Contravention List.

8) “How does family violence affect child-custody decisions in Melbourne?”

Safety is paramount. Victorian police and Magistrates’ Courts can make Family Violence Intervention Orders (FVIOs) under the Family Violence Protection Act 2008 (Vic), which can protect children as well as parents. In the federal parenting case, allegations or findings of violence weigh heavily in the best-interests analysis; the Court can make protective conditions, supervise time, or in some cases suspend time. If an FVIO exists, your lawyer will carefully manage how that interacts with any proposed parenting orders.

9) “Can I relocate with the children (interstate or overseas)?”

Relocation is not automatic. If the move would significantly change the child’s time with the other parent, you need (a) the other parent’s consent, or (b) Court orders. International relocation/taking a child overseas without consent can also engage the 1980 Hague Child Abduction Convention, administered in Australia by the Attorney-General’s Department (the Australian Central Authority).

10) “What if the other parent takes the child overseas without permission?”

Act immediately. Australia is a party to the Hague Convention, which provides a process to seek the prompt return of wrongfully removed or retained children to their country of habitual residence. The system is implemented here through federal legislation and regulations, with applications made via the Australian Central Authority.

11) “How long will my case take and what does the process look like?”

Every matter is different, but most follow a similar path: pre-action steps/FDR → filing (if needed) → first Court event and safety screening → interim arrangements → evidence/reports → (often) settlement → final hearing only if required. The Court has a helpful video overview of the process for parenting cases.

12) “When can final orders be changed?”

Final parenting orders can be revisited only if there has been a significant change in circumstances making a change necessary (and if it’s in the child’s best interests for the court to reconsider). If both parents agree, you can vary by consent orders or record changes in a parenting plan.

Practical tips from Melbourne family lawyers

• Document safety concerns early. Police reports, medical notes, and FVIOs matter. Courts give greater weight to protecting children from harm.
• Be child-focused in negotiations. Demonstrate flexibility around schooling, extracurriculars, and transport—judges notice practical, child-centred proposals.
• Use the right tool for agreement. Start with a parenting plan; convert to consent orders when you need enforceability or third-party enforceable arrangements (e.g., passports/schooling).
• Expect child-informed evidence. CIRs and Family Reports are routine in contested matters. Prepare children appropriately (no coaching; keep them out of conflict).

Key terms (quick refresher)

• Decision-making responsibility: Who makes major long-term decisions (health, education, religion, name, living arrangements) — allocated by the Court solely on best interests, with no presumption of “equal shared” since 6 May 2024.
• Time (live with/spend time with): The schedule for where the child lives and when they spend time with the other parent and significant people. Determined by best interests, not by default formulas.
• FDR / s 60I certificate: Mandatory mediation step in most cases before filing, unless an exemption applies.

Where to get help in Melbourne

• Federal Circuit and Family Court of Australia (Melbourne Registry) — forms, process guides, and videos.
• Family Relationships Online — practical resources on parenting plans and post-separation parenting.
• Victoria Legal Aid — information about parenting agreements and family violence support services.
• Magistrates’ Court of Victoria — applying for Family Violence Intervention Orders (FVIOs).

Final word

Every family is unique. Since the 2024 reforms, judges in Melbourne are focused on what truly matters—safety, children’s needs, and practical arrangements—rather than outdated “50/50” slogans. Speaking with Family Lawyers Melbourne parents trust can give you the early guidance you need. Where it’s safe, try Family Dispute Resolution (FDR), and always keep your proposals child-focused. This approach often leads to quicker, more sustainable outcomes for families.