Child custody

Our Areas of Expertise

1. Parenting Arrangements & Time-Sharing

We work to establish practical, child-focused living schedules that fit your family’s real-world routine.

• Parenting Plans: Drafting flexible, out-of-court agreements that outline daily care, school holiday schedules, and special occasions.

• Consent Orders: Formalising your agreed parenting arrangements into legally binding orders approved by the Federal Circuit and Family Court of Australia (FCFCOA).

• Court-Ordered Parenting Arrangements: Providing robust court representation when litigation is necessary to secure stable, safe arrangements for your children.

2. Parental Responsibility & Decision-Making

“Parental responsibility” refers to the legal authority to make major, long-term decisions regarding your child’s life—including education, major medical procedures, religious upbringing, and cultural connection.

The New Legal Reality:

• No More Presumption of “Equal Shared Responsibility”: The courts no longer automatically assume that parents must share long-term decision-making. Each case is assessed individually.

• No “Equal Time” Entitlement: The removal of past presumptions clarifies that joint decision-making does not automatically entitle a parent to an equal (50/50) division of time.

• Long-Term Consultation: Where joint decision-making is ordered, parents must make a genuine effort to consult and reach a mutual agreement on major milestones.

3. Safety, Family Violence & Risk Mitigation

Protecting children from physical and psychological harm—including the trauma of witnessing coercive control or family violence—is the primary factor in court decisions.

• Sole Parental Responsibility: Seeking exclusive decision-making and primary care orders when history demonstrates that joint collaboration is unsafe or impossible due to family violence.

• Supervised Contact: Establishing safe, structured visitation boundaries through professional supervision centers or trusted third parties where safety is a concern.

• Information Sharing: Navigating the updated, high-speed information-sharing channels between family courts and child protection agencies to ensure all safety risks are brought to light immediately.

4. Amplifying the Child’s Voice

The modern family law system ensures that children are not just objects of a dispute, but active participants whose feelings are heard.

• Independent Children’s Lawyers (ICLs): Working with court-appointed ICLs, who are now legally mandated to meet directly with children to understand their views and advocate for their best interests.

• Family Reports: Preparing you and your children for interviews with court-appointed Family Report Writers, ensuring a trauma-informed and supportive environment.

The Morava Difference: A Constructive Path Forward

While our Darlinghurst litigators are formidable in court, we strongly believe that the best custody outcomes are built through collaboration, not conflict. We utilize Family Dispute Resolution (FDR) and collaborative mediation to help parents transition into functional co-parenting relationships, keeping children out of the crossfire of litigation.

“We focus on your child’s future, ensuring their safety and stability remain at the heart of every decision.”