Child Custody Lawyer Sydney

How are child custody decisions made in NSW?

The Family Law Act 1975 requires the court to put the child’s best interests first. The relevant considerations include safety, the child’s views and needs, the capacity of carers to meet those needs, and the benefit of relationships with parents and other significant people where safe. Relevant family violence history and orders must also be considered.

Your proposal should identify the arrangements you seek for school days, holidays and handovers, and any disagreement about important decisions such as schooling or health care. Provide the history of care and the records relevant to your child’s needs.

NS Legal prepares a parenting proposal addressing your child’s time with each parent and responsibility for major decisions, supported by the care, school and medical records relevant to the disputed issues.

Can we agree on parenting arrangements without a hearing?

You can record an agreement in a parenting plan or apply for consent orders. A parenting plan is a written agreement and is not legally enforceable in its own right. Consent orders are legally binding court orders, even when made by agreement without a hearing. An application for consent orders needs the proposed orders as well as the application form.

Bring the proposed schedule as well as the points still in dispute and any existing court orders. Identify whether the agreement addresses school-term care, holidays, handover locations, communication and decisions about schooling or health, and mark any issues that remain unresolved.

NS Legal advises on the effect of existing orders and prepares the parenting plan or consent order application, with clear terms reflecting the agreement you have reached.

Do I need family mediation before applying to court?

You usually need to attempt Family Dispute Resolution, known as FDR, and obtain a section 60I certificate before filing a contested parenting application. Exemptions may apply for urgency, family violence or child abuse, among other circumstances. An exemption needs a factual basis that the court can assess.

Family Relationships Online’s Find local help service can help you locate a Family Relationship Centre or FDR service near you in Sydney. Tell us about safety concerns before plans are made for a joint discussion, and bring any certificate or proposals from earlier attempts to resolve the dispute.

NS Legal prepares your proposal for family mediation or evidence supporting an exemption, and documents any agreement through a parenting plan or proposed consent orders.

What if I need urgent orders or protection from family violence?

An urgent parenting application needs affidavit evidence supporting urgency and a covering letter explaining why an urgent listing is sought. The court decides whether to treat the application as urgent. The application uses an Initiating Application if there are no current proceedings, or an Application in a Proceeding if proceedings have already started.

The Federal Circuit and Family Court of Australia’s Sydney family law registry is at the Lionel Bowen Building. Bring any existing court directions and the complete documents from the proceedings when seeking advice.

In NSW, the Local Court deals with Apprehended Violence Orders, including Apprehended Domestic Violence Orders for protection in domestic or family violence matters. Provide any ADVO alongside your parenting orders, particularly the contact and handover provisions. If you are in immediate danger, call 000.

NS Legal prepares the proposed interim arrangements, risk evidence and urgent application documents, addressing the interaction with any existing protection orders.

What should I bring to a parenting consultation?

Bring your existing arrangements and relevant records so we can understand your child’s daily life and the changes you seek. Useful documents include:

• Parenting orders, parenting plans, any ADVO and court documents received.
• Care and handover records, with relevant school and medical information.
• Relevant correspondence, an FDR certificate and proposals already exchanged.
• Dates and records of safety incidents, and the arrangements you want considered.

Ordinary contested proceedings started by an Initiating Application require the application, an FDR certificate or affidavit explaining the exemption, risk notice, Genuine Steps Certificate, disclosure undertaking and any applicable family violence order. A Parenting Questionnaire is also required unless the rules require an affidavit. Consent-only and urgent applications have different filing requirements; urgent applications can initially proceed with fewer documents, with the remainder potentially required later.

You do not need to draft court documents before seeking advice; identify what is available and what is missing. NS Legal organises your care chronology, drafts the orders you seek and prepares the applicable application documents.

How do I arrange a consultation in Sydney?

Our Sydney office is at Level 7/263 Clarence St, Sydney NSW 2000; phone +61 2 8251 1999. Request a parenting consultation through our contact form, stating any current proceedings, upcoming court date and safety concerns, and have your existing orders and relevant documents ready.

Once you submit the form, we will confirm the meeting place and available times. Arrangements for a first consultation are explained when you book.

Compiled from official sources; updated 29 October 2026.