Child Custody Lawyers in Sydney

If you are separating and unsure what happens with the children, start with clear advice. Our child custody lawyers act for Sydney parents in negotiation, mediation and court, with most matters resolved without a hearing.

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What our child custody lawyers do for you

Negotiation takes up most of the time on a parenting file: correspondence with the other parent’s lawyer, offers and counter-offers, redrafting after each round. Court is the exception. 

 

When it is needed, our child custody lawyers run the litigation, including urgent interim applications. Tamara Al Hashimi has spent over a decade in family law child custody work, including relocation, international child abduction and family violence matters, and is a mother of two herself. She also prepares clients for child custody mediation, which is where many agreements are reached.

Understanding the Child Custody Process

Most parents have never dealt with the family law system. This is the path a typical parenting matter follows, from first contact to a finished agreement.

1. Initial consultation.

You tell us what has happened and what you want for the children. We give you a frank initial assessment of where you stand. Bring any existing orders, agreements or relevant correspondence.

2. Advice and strategy.

One of our child custody lawyers sets out your options in writing, what each involves, and a realistic assessment of the likely range of outcomes for your circumstances.

3. Negotiation.

Most matters resolve at this stage. We correspond with the other parent or their lawyer and put forward proposals a court would consider workable, which shortens the path to agreement.

4. Child custody mediation.

Before filing parenting proceedings, you generally need a section 60I certificate from family dispute resolution. We prepare you properly, so you go into mediation with a clear position.

5. Formalising the agreement.

We draft consent orders for the Court to approve, or a parenting plan where flexibility suits the family. The difference between the two is set out in the comparison below.

6. Court, where necessary.

We run interim orders applications, urgent recovery matters and final hearings at the Sydney and Parramatta registries. We will also advise you when the cost of litigation outweighs what it is likely to achieve.

How to choose the right lawyer

Ask how much of the firm's practice is parenting work, how often its matters settle, and how fees are structured at each stage. Some firms describe themselves as child custody solicitors, others as family lawyers. What the firm's child custody lawyers have resolved is more informative than the title.

What the 2024 Family Law Act changes mean for your matter

The presumption of equal shared parental responsibility was repealed on 6 May 2024. Separating parents still arrive at first appointments believing it guaranteed week-about time. It dealt only with long-term decision-making; the standard example is which school a child attends. 

 

A family law child custody matter now turns on the best interests factors in section 60CC of the Family Law Act 1975. Safety comes first in that list, family violence history with it; the remaining factors, the child’s views among them, follow. The Act is federal; child custody laws NSW searches return the same national rules.

Types of child custody arrangements

Sole custody: when a court makes orders for one parent

The Act does not use the phrase sole custody of a child; the relevant order is sole parental responsibility, and courts make it sparingly. It is generally reserved for family violence, abuse, or a breakdown so complete that joint decision-making cannot work. For most parents, orders that define living arrangements and specific decisions achieve what they are seeking.

50/50 and shared care, and what happens to child support

Equal time is not a default and never was. Courts ask whether it is practical: how far apart the homes are, work rosters, the children's ages. Questions about child custody rights for fathers come down to the same factors; the Act is gender neutral. As for what does child support cover in 50/50 custody: shared care reduces payments but rarely ends them, because the Services Australia formula weighs both incomes.

Care schedules by age

A two-year-old and a thirteen-year-old need different child custody arrangements. Younger children generally do better with shorter, more frequent periods with each parent. Teenagers manage week-about more easily, and their views carry real weight.

Get clear advice before you agree to anything

We act for parents across Sydney searching for child custody lawyers near me, appear at the Sydney and Parramatta registries, and have a child custody lawyer Parramatta clients brief locally. Arrange an initial call.

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Frequently Asked Questions

We make complex legal processes understandable, keeping you informed and involved.

You may call or send us an email below.

When does a child custody matter need court?

When there is a safety risk, an urgent issue such as a child not being returned, a proposed relocation, or negotiation and mediation have genuinely failed. Most matters never reach that point. Parents also ask how long court takes for child custody; contested matters commonly run a year or more from filing to final hearing.

It depends on how far the matter goes. Most child custody lawyers price agreed consent orders at the lower end, while contested litigation costs many times more. Ask any firm for a written estimate at each stage, and ask again if circumstances change. We set out fees before you commit to anything.

Yes, and most separated parents do. You can record child custody arrangements in a parenting plan or make them binding through consent orders, which the Court approves without anyone attending. Child custody mediation through family dispute resolution is often where that agreement takes shape.

You would apply for sole parental responsibility, usually alongside orders for the children to live with you. Courts make these orders where shared decision-making is unsafe or unworkable, and the evidence has to show it. In urgent situations, interim orders can put protections in place while the matter proceeds.

Often, yes. Child support is separate from parenting orders and is assessed by Services Australia using a formula that weighs both parents’ incomes against the care split. With equal care, the higher earner usually still pays something. Parents can also make private child support agreements if both consent.

Yes. The Family Law Act allows grandparents to apply for parenting orders in their own right, and questions about grandparents’ rights NSW-wide are common after separation or estrangement. The usual mediation requirement applies first, and the outcome turns on the child’s best interests, not the family relationship alone.

Speak to a child custody lawyer about where you stand today

The first conversation is confidential, with no obligation to proceed. Tell us what is happening, and we will set out your options. Hillcrest acts as the child custody lawyers Sydney families engage for negotiation, mediation and, where necessary, court. Book a confidential consultation or request a callback.

Most trusted family lawyer in Sydney - specialist in all child custody, divorce, settlements and mediation related cases
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