Nothing about a separation cuts deeper than the worry about your kids — where they'll live, when you'll see them, how they'll cope. If that fear is sitting heavy on you right now, you're far from alone, and it's the very thing we care about most too. The aim is never to "win" — it's to find an arrangement that keeps your children steady, loved and out of the conflict, and keeps both parents in their lives. Here's how we help, calmly and without turning it into a fight.
At a glance — our children's issues service
| Legal basis | Family Law Act 1975 (Cth) — sections 60-65 (parenting), section 60CA (best interests of the child) |
| Court | Federal Circuit and Family Court of Australia |
| Parenting consent orders fixed fee | $2,750 |
| Combined property + parenting consent orders | $3,850 |
| Mediation requirement | Section 60I — required before court for most parenting matters |
| Court filing fee — parenting final orders only | $435 |
| Court filing fee — parenting interim + final orders | $585 |
| Family report (when court ordered) | $3,000-$8,000 disbursement |
| Independent Children's Lawyer | Often Legal Aid funded; sometimes contributory |
| Litigated matters | Hourly billing with regular cost estimates |
| 2024 reforms | Family Law Amendment Act 2023 — removed equal shared parental responsibility presumption |
| Initial consultation | Free — 30 minutes |
What children's issues service does Fogarty Oliver Rothschild provide?
Fogarty Oliver Rothschild handles parenting and children's matters under sections 60-65 of the Family Law Act 1975 (Cth), with the court's overriding consideration being the best interests of the child under section 60CA. Parenting matters cover arrangements for where the child lives, time spent with each parent, communication, decision-making authority (parental responsibility), and other matters affecting the child's care. The Family Law Amendment Act 2023 reforms (effective from 2024) removed the previous presumption of equal shared parental responsibility, with each case now considered on its specific facts. For agreed parenting arrangements, parenting consent orders are $2,750 fixed fee (or $3,850 combined with property orders) plus the $205 court filing fee. For matters requiring mediation (Family Dispute Resolution under section 60I) or court proceedings, separate billing applies. Principal lawyer Elisa Rothschild BA/LLB has handled Melbourne parenting matters since 2012 and personally manages each matter. This page sets out the full children's issues service and how to start.
Book a free 30-minute consultation → | Call 03 4328 5084
What's the legal framework for parenting orders?
A terminology note: Australian family law hasn't used the word "custody" in legislation since the Family Law Reform Act 1995. The legal terms are:
- "Parental responsibility" — decision-making authority for major long-term issues
- "Lives with" arrangements — where the child lives
- "Spends time with" arrangements — when the child spends time with the other parent
- "Communicates with" arrangements — phone, video, written communication
People still use "custody" in everyday language; the substance is the same — arrangements for children's care after separation.
The best interests of the child framework
Section 60CA states that the court's paramount consideration in deciding parenting orders is the best interests of the child. Section 60CC sets out the considerations.
Primary considerations (section 60CC(2)):
- The benefit to the child of having a meaningful relationship with both parents
- The need to protect the child from physical or psychological harm, including family violence
Where these are in tension (e.g. family violence concerns affecting one parent's relationship with the child), protection from harm prevails.
Additional considerations (section 60CC(3)):
- The child's views (weight given depends on age and maturity)
- The nature of the relationship between the child and each parent
- The extent to which each parent has participated in major long-term decisions about the child
- The extent to which each parent has spent time with the child
- The likely effect of changes in the child's circumstances
- The child's right to enjoy their Aboriginal or Torres Strait Islander culture (where applicable)
- The capacity of each parent to provide for the child's needs
- Family violence considerations
- Any orders that would have a likely positive or negative effect
The 2024 reforms
The Family Law Amendment Act 2023 (taking effect from 2024) made substantial changes to parenting law:
- Removed the previous presumption of "equal shared parental responsibility"
- Removed the requirement to consider equal or substantial time arrangements
- Strengthened the court's response to family violence considerations
- Clarified the relevance of children's views
Under the current framework, the court considers each case on its specific facts under section 60CC without a starting presumption about shared decision-making or shared time.
What parenting matters do we handle?
The full range of parenting and children's matters.
Parenting plans
Written agreements between parents documenting parenting arrangements. Not legally enforceable as court orders but evidence of agreed intent.
- Fee: $1,500-$2,500 typical
- Best for cooperative, low-conflict situations with capacity to adapt
- Can be later formalised as consent orders if needed
Parenting consent orders
Court-approved orders setting out agreed parenting arrangements. Fully enforceable.
- Fixed fee: $2,750 (parenting only) or $3,850 (combined with property)
- Court filing fee: $205
- Process: drafting → both parties sign → filing → Registrar review → orders made
- Timeline: 2-4 months from instructions to orders made
See custody and parenting lawyer cost guide →
Mediation (Family Dispute Resolution)
Required under section 60I before court proceedings for most parenting matters. Exceptions apply for family violence, urgency, and certain other circumstances.
- Mediation cost: $2,500-$7,000 total (split between parents)
- Government-subsidised mediation through Family Relationship Centres
- Private mediation with specialist Family Dispute Resolution Practitioners
- Outcomes typically formalised as parenting plans or consent orders
Litigated parenting matters
Court proceedings in the Federal Circuit and Family Court of Australia.
- Court filing fees: $435 (final orders only) or $585 (interim + final)
- Hourly billing applies (litigation can't reliably be fixed-fee scoped)
- Typical lawyer cost: $15,000-$200,000+ depending on complexity and how matter resolves
- Family report often ordered ($3,000-$8,000 disbursement)
- Independent Children's Lawyer sometimes appointed (often Legal Aid funded)
Relocation matters
When one parent proposes to move (interstate or internationally) and the other opposes.
- Among the most contested areas of family law
- Domestic relocation may require consent of the other parent or court orders
- International relocation often involves Hague Convention considerations
- Pre-relocation legal advice essential to avoid orders for the child's return
Intervention orders
Family violence intervention orders under the Family Violence Protection Act 2008 (Vic). Coordination with parenting orders where relevant.
Jewish family law parenting matters
Parenting arrangements within the Jewish community including religious observance arrangements (Shabbat, kashrut, religious schooling), Beth Din coordination where parties choose religious arbitration, and get coordination alongside civil parenting orders.
See Family Lawyer Caulfield North →
What does parenting consent orders include?
Standard parenting consent orders typically cover:
Living arrangements:
- Which parent the child lives with (or shared care arrangements)
- Time with the non-resident parent — regular time, holidays, special occasions
Decision-making (parental responsibility):
- Whether decision-making is shared, sole, or specific-issue allocated
- Religious and cultural matters
- Education choices (school, religious schooling)
- Healthcare decisions (including consents for procedures)
- Other major long-term issues
Communication:
- Phone, video, written communication
- Arrangements when child is in the other parent's care
- Communication between parents
Travel:
- Domestic travel arrangements
- International travel — passports, written consent requirements
- Holiday-specific travel arrangements
Relocation:
- Whether either parent can relocate
- Notice requirements and consent processes
- Distance limitations where appropriate
Variation mechanisms:
- How arrangements adapt as the child grows
- Review trigger points (e.g. major life transitions)
- Communication requirements about proposed changes
The orders are technical documents that need precise drafting to be effective and avoid later disputes about interpretation.
What about family reports?
In contested parenting matters, the court may order a family report under section 62G of the Family Law Act 1975.
What a family report is:
- A report prepared by a court-appointed Family Consultant (typically a psychologist or social worker)
- Based on interviews with both parents, the children (age-appropriately), and sometimes other relevant adults
- Provides observations and (where directed) recommendations about parenting arrangements
- Heavily influential in the court's decision-making
Cost:
- Typical fee: $3,000-$8,000
- Usually shared between the parties (sometimes one party ordered to pay all)
- Court Children's Service reports (court-funded): no direct cost to parties but longer waiting periods
Why it matters:
Family reports are central to how the court assesses best interests. Both parents are interviewed; children are interviewed (age-appropriately); the consultant observes interactions. The report's recommendations often substantially influence the court's orders.
Senior-lawyer preparation for family report interviews matters — knowing what's likely to be assessed, how to present authentically, what to highlight and what to avoid.
What about Independent Children's Lawyers?
In matters involving substantial complexity (allegations of abuse, family violence concerns, intractable conflict), the court may appoint an Independent Children's Lawyer (ICL) under section 68L of the Family Law Act 1975.
What an ICL does:
- Represents the children's best interests independently of either parent
- Investigates the circumstances (interviews professionals involved with the child, reviews documents)
- Cross-examines witnesses
- Makes submissions on the children's best interests
- Often substantially influences the court's orders
Cost:
- Where parents qualify for legal aid: ICL funded by Legal Aid Victoria
- Where parents don't qualify: may be required to contribute to ICL's costs
- Contributory ICL costs can be $5,000-$25,000+ across the proceedings
ICL appointment is reserved for matters where there are serious allegations affecting the child, polarised parental positions requiring independent representation, child's strong views requiring investigation, or family violence concerns.
What about the get and Jewish family law dimensions?
For Jewish families, parenting arrangements often include religious observance considerations alongside the civil family law dimensions.
Common matters handled:
- Religious observance arrangements (Shabbat, kashrut, religious schooling)
- Jewish day school enrolment and continuation
- Synagogue attendance and bar/bat mitzvah preparation
- Coordination with get (religious divorce) — the get and civil divorce typically proceed in parallel
- Beth Din coordination where parties choose religious arbitration of family disputes
- Halachic considerations in parenting decisions
Elisa Rothschild has advanced Jewish studies background from Beth Chana Seminary, Israel, and works with the Beth Din network for clients who require integrated handling of religious and civil dimensions.
See Jewish family law specialty page → · See Family Lawyer Caulfield North →
What does parenting matter cost at Fogarty Oliver Rothschild?
| Service | Fixed fee |
|---|---|
| Initial 30-minute consultation | Free |
| Parenting plan drafting | $1,500-$2,500 |
| Parenting consent orders only | $2,750 |
| Combined property + parenting consent orders | $3,850 |
| Negotiated parenting (no court) | $6,600-$15,000 typical |
| Litigated parenting matters | Hourly with regular cost estimates |
| Standalone document review (e.g. proposed parenting plan) | $440 (credited if you proceed) |
See full pricing → Fixed-fee packages
Disbursements at cost:
- Court filing fees ($435-$585 initiating applications, $205 consent orders)
- Family report fees ($3,000-$8,000 when court ordered)
- Process server fees ($100-$300 typically)
- Subpoena and witness costs as required
- Independent Children's Lawyer contributions (where applicable)
What's the process from start to finish?
Step 1 — Free 30-minute consultation
Discuss your situation, identify the parenting issues, discuss likely outcomes and pathways (parenting plan, consent orders, mediation, court), agree fee structure.
Step 2 — Mediation (where applicable)
For most parenting matters, Family Dispute Resolution under section 60I is required before court. We coordinate the mediation and (if mediation succeeds) draft the resulting parenting plan or consent orders.
Step 3 — Negotiation or drafting
Where parents have agreed, drafting of parenting plan or consent orders. Where they haven't, lawyer-to-lawyer negotiation or court proceedings.
Step 4 — Filing or execution
Consent orders filed through the Commonwealth Courts Portal; parenting plan executed by both parents.
Step 5 — Court review (consent orders)
A Registrar or Judge reviews proposed parenting consent orders against the best interests of the child framework. Most agreed proposals are approved.
Step 6 — Implementation
New arrangements take effect. Any practical handover issues coordinated.
Step 7 — Post-resolution adaptation
Parenting arrangements often need to adapt as children grow. Minor adjustments by agreement; substantial changes may require variation orders under section 65DAA.
What goes wrong without proper parenting advice?
The unenforceable parenting plan. A 2024 matter where parents had a parenting plan signed in 2022. When one parent began deviating from agreed arrangements, the other tried to enforce. The plan wasn't legally enforceable as orders — it was evidence of intent, not court orders. New proceedings had to be commenced to obtain enforceable orders. Total cost: substantially more than if consent orders had been done initially.
The relocation surprise. A 2024 matter where a parent had been considering moving interstate for work. They didn't seek legal advice about whether relocation was permitted under existing arrangements. They moved with the children. The other parent applied urgently for the children's return. The court ordered the children's immediate return pending proper application — disruptive to children, costly for the parent who moved.
The escalation that didn't need to happen. A 2025 matter that began as a routine communication dispute and escalated to interim orders applications because neither party had proper legal guidance about how to respond. Senior-lawyer involvement early would have de-escalated the dispute through structured communication.
(Client names withheld. Identifying details modified.)
Frequently asked questions
What is the children's issues practice at Fogarty Oliver Rothschild?
The full range of parenting and children's matters — parenting plans, parenting consent orders, mediation coordination, litigated parenting matters, relocation disputes, intervention orders, and Jewish family law parenting matters.
Does Australia use "custody" as a legal term?
No. The term hasn't been used in Australian legislation since 1995. The legal terms are "parental responsibility," "lives with," "spends time with," and "communicates with." People still use "custody" in everyday language; the substance is the same.
What's the best interests of the child framework?
Under section 60CA of the Family Law Act 1975, the court's paramount consideration in parenting orders is the best interests of the child. Section 60CC lists primary considerations (meaningful relationship with both parents, protection from harm) and additional considerations.
Do I have to attend mediation before court?
For most parenting matters, yes. Family Dispute Resolution is required under section 60I before initiating court proceedings. Exceptions apply for family violence, urgency, and certain other circumstances.
What's the difference between a parenting plan and consent orders?
A parenting plan is a written agreement signed by both parents — not legally enforceable as orders. Consent orders are approved by the court and fully enforceable. Plans work for cooperative situations; orders provide certainty.
What changed in the 2024 family law reforms?
The Family Law Amendment Act 2023 removed the previous presumption of equal shared parental responsibility, removed the requirement to consider equal or substantial time arrangements, strengthened the court's response to family violence, and clarified relevance of children's views.
How much does a parenting matter cost?
Parenting plan $1,500-$2,500. Parenting consent orders $2,750 ($3,850 combined with property). Mediation $2,500-$7,000 total split between parents. Litigated matters $15,000-$200,000+ depending on complexity.
What's an Independent Children's Lawyer?
A court-appointed lawyer representing the children's best interests independently of either parent. Appointed under section 68L in matters with substantial complexity. Often Legal Aid funded; sometimes contributory cost.
Can I move interstate or overseas with the children?
Relocation is one of the most contested areas. Domestic relocation may require consent of the other parent or court orders. International relocation often involves Hague Convention considerations. Pre-relocation advice is essential.
Do you handle Jewish family law parenting matters?
Yes. Religious observance arrangements, Jewish schooling, Beth Din coordination, get coordination alongside civil parenting orders, and integration of religious and civil dimensions of parenting.
How long do parenting matters take?
Agreed arrangements (consent orders): 2-4 months. Mediated arrangements: 4-12 weeks. Court proceedings: 12-24 months typically for final orders.
Ready to discuss your parenting matter?
The first 30 minutes are free.
📧 info@fogartyoliverandrothschild.com.au
📍 84 Chapel Street, St Kilda VIC 3182
🌐 Book a free 30-minute consultation online →
Hours: Monday to Friday, 9am–5pm. After-hours by arrangement for urgent matters.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Family and property law in Melbourne since 2012. Last reviewed 22 May 2026.
This page is general legal information, not advice for your specific situation. For advice, book a free initial consultation.