Children & parenting · Orange

Child Custody Lawyers in Orange

When parents separate, the biggest worry is almost always the children. Our Orange child custody lawyers help you put safe, workable parenting arrangements in place, with your children’s wellbeing at the centre of every decision.

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Children’s best interests firstAccredited Family Law SpecialistsUrgent recovery and location orders
Why ALA Law

Parenting arrangements that put your children first

The hardest part of a relationship breakdown is often the effect it has on the family, and in particular on the children. Who will the children live with? How much time will they spend with each parent? Who makes the big decisions about school, health and religion?

“Custody” is the word most people use, but the Family Law Act 1975 talks about who a child lives with and spends time with, and who has parental responsibility. Our team explains what that means for your family in plain English and helps you reach an outcome that works, while keeping legal costs down.

We help parents, grandparents and carers in Orange, Bathurst, Blayney, Molong, Cowra, Parkes and across the Central West, in person by appointment or by phone and video.

Our offices

Orange · by appointment only

Dubbo · by appointment only

Phone and video appointments available

1300 ALA LAW (1300 252 529)

reception@alalaw.com.au

Book an appointment

Reaching agreement

How do we agree on parenting arrangements without going to court?

Most parents in Orange sort out arrangements for their children without a judge. Once you agree, there are two ways to record it.

Parenting plan

A written, signed and dated agreement between parents. It’s flexible and easy to change, but it is not legally enforceable.

Consent orders

Your agreement is filed with the Court and made into orders. Consent orders are legally binding and enforceable, and give everyone certainty.

Family dispute resolution

Before you can apply to court about children, you generally need to try family mediation and obtain a section 60I certificate.

We encourage parents to start by talking with each other. If that isn’t working, we can negotiate on your behalf and support you through mediation.

The law

How the Court decides what is in a child’s best interests

When the Court makes parenting orders, the child’s best interests are the paramount consideration. Since 6 May 2024, the Court looks at a simpler list of factors, including:

  • Arrangements that promote the safety of the child and each person who cares for them, including safety from family violence, abuse or neglect
  • Any views the child has expressed
  • The child’s developmental, psychological, emotional and cultural needs
  • Each parent’s capacity to meet those needs
  • The benefit of the child having a relationship with both parents, and other people who are significant to them, where it is safe
  • Anything else relevant to the child’s particular circumstances

There is no longer a presumption of “equal shared parental responsibility”, and there is no automatic 50/50 rule. Every family is assessed on its own facts.

Happy child at home after her parents agreed on parenting arrangements in Orange

Clear advice. Real support. People in your corner.

Most family law matters in Orange are resolved without a judge. We focus on negotiation, mediation and agreement wherever possible, and if court is needed, you’ll have experienced advocates beside you.

Urgent help

What if my child has been taken without my permission?

First, try to make contact and arrange the child’s safe return. If the other person refuses, the Court can make a Recovery Order, which directs police to find and return the child. Act quickly: urgent applications are treated as a priority, and delay can affect your case.

If you don’t know where your child is, a Location Order can require a person or government agency to give the Court information about the child’s whereabouts.

Worried your child may be taken overseas?

The Court can make orders restraining a parent from removing a child from Australia, and ask the Australian Federal Police to place the child’s name on the Family Law Watchlist at airports and seaports (see the Court’s guide to children and international travel). Call us straight away if you have concerns.

Need urgent help?

If a child is in immediate danger, call 000. For urgent family law advice about a child’s safety, recovery or overseas travel, call us now.

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If your matter goes to court

What to expect in a parenting case

Court is a last resort, but if it’s needed we’ll prepare you for every step. Matters for Orange families are listed at the Federal Circuit and Family Court’s Orange circuit or the Dubbo registry, and many hearings are now held electronically.

Child Impact Report or Family Report

A Court Child Expert, usually a psychologist or social worker, meets with the family and reports to the Court on the children’s needs and views. These reports are not confidential.

Independent Children’s Lawyer

In some cases the Court appoints an ICL to independently represent the children’s best interests and put that view to the Court.

Supervised time

Where there are safety concerns, the Court can order that time happens in the presence of a trusted person or at a children’s contact service.

Interim and final orders

Interim orders set arrangements while the case continues. Final orders resolve the matter, whether made by agreement or after a hearing.
Shared care

Is shared care right for our family?

Shared care (where children spend substantial time with each parent) tends to work best when:

  • Both parents live reasonably close to each other and to the children’s school
  • The children are old enough to cope with moving between two homes
  • Parents can communicate and co-operate on day-to-day decisions

For families spread across the Central West, travel time between Orange, Bathurst, Parkes or Cowra can be a real factor. We’ll help you design a schedule that suits your children’s ages, school and activities.

Grandparents and carers

Grandparents and other people concerned with a child’s care can also apply for parenting orders. Read about grandparents’ rights →

Child support

Child support is usually assessed by Services Australia, separately from parenting arrangements. We can advise on binding and limited child support agreements.

Julie Vass, family lawyer and Solicitor in Charge at ALA Law Orange

Your Orange family lawyer

Meet Julie Vass

Special Counsel · Solicitor in Charge, Orange, Dubbo & Orana

Julie leads our family law work for clients in Orange and across the Central West. Admitted as a solicitor in New South Wales in 1998, she brings more than 25 years’ experience across all areas of family law, with particular skill in dispute resolution and arbitration.

Clients value Julie’s kind, considerate and compassionate approach. She’ll take the time to understand what matters most to you and your family.

  Speak with JulieRead Julie’s profile

Backed by Accredited Specialists

Julie is supported by ALA Law’s family law Partners Amanda Little, Rosemary Aloisio and Bernadette Melhem, each an Accredited Specialist in Family Law.

Our promise to you

  • We’ll listen first and give advice that fits your situation.
  • We’ll explain your options in plain English.
  • We’ll look for practical, out-of-court solutions.
  • We’ll be upfront about costs.
FAQs

Child custody questions we’re often asked in Orange

Is there a 50/50 custody rule in Australia?

No. There is no automatic 50/50 arrangement and, since May 2024, no presumption of equal shared parental responsibility. Arrangements are based on what is in the child’s best interests, including their safety and their relationship with each parent.

At what age can a child decide which parent to live with?

There is no set age. The Court considers any views a child expresses, giving more weight to the views of older and more mature children, but the final decision is always based on the child’s best interests.

Do I need to go to mediation before applying to court about the children?

Generally yes. You must attempt family dispute resolution and obtain a section 60I certificate before filing, unless an exception applies, such as family violence, child abuse or urgency. Family mediation in Orange →

What is the difference between a parenting plan and consent orders?

A parenting plan is a flexible written agreement that isn’t enforceable. Consent orders are made by the Court, are legally binding and can be enforced if they aren’t followed.

Can I move away from Orange with the children?

If a move would significantly affect the children’s time with the other parent, you should get the other parent’s written agreement or a court order first. Relocating without either can lead to a recovery order. Get advice before you move.

How much does a child custody lawyer cost?

It depends on whether your matter settles by agreement or needs court. We’ll discuss fees openly at the start, give you a clear estimate and look for ways to keep costs down, such as mediation and consent orders.

Helpful resources

Related services

More ways we help Orange families

Divorce

Joint and sole divorce applications, handled from start to finish.

Learn more →

Property settlement

A fair division of property, farms, super and finances.

Learn more →

Family mediation

Resolve disputes faster, with less conflict and lower cost.

Learn more →

All family law services

Separation, children, property, mediation and court.

Learn more →

Talk to our Orange team today

Book a confidential appointment. We’ll listen, explain your options and help you take the next step with confidence.

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