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Parenting & Child Custody Law, Insights & Tips 2023
The Complex World of Parenting and Children in Family Law
Dealing with proper parenting and “custody” under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
Parenting Plans and “Guided Self Help” start from fixed fees of $200 to $500. Full service where we handle it all will be about $1,200 in lawyers’ fees. Consent Orders start at $1,500 excluding disbursements (Government Fees).
For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.
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Parenting in Australian Family Law
Step 1
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Step 2 - What changes result from the Family Law Amendment Bill 2023
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
What These Reform to The Family Law Act Now Promise Other Than More Headache?
- Amend the parenting order framework by refining the list of ‘best
- interests’ factors, removing the presumption of equal shared parental responsibility; and
- related equal time and substantial and significant time provision, and clarifying the circumstances in which a court can vary an existing parenting order;
- allow registrars of the Federal Circuit and Family Court of Australia (FCFCOA) to be delegated the power to impose a make-up time parent order in contravention proceedings;
- to introduce ‘harmful proceedings orders’ and extend the ‘overarching purpose of family law practice and procedure’ and the accompanying duty to all proceedings instituted under the Family Law Act 1975.
Parenting Plans
Step 3 The Best Approach If Your Spouse Agrees
Negotiating Parenting Orders and Parenting Plans
Parenting Orders (Consent Orders) are one way to formalise a parenting agreement. They can address various concerns, including parental responsibilities for both long-term and day-to-day decisions and the time children spend with each parent.
Prof. Belinda Fehlberg, a family law scholar at Melbourne Law School, explains, “Parenting Orders provide a legal structure that outlines the responsibilities and rights of each parent, facilitating a clear and fair parenting approach.”
“Parenting Plans,” as Dr. Bruce Smyth elucidates, “provide a practical framework for parenting, allowing both parents to negotiate and agree on arrangements that best suit their child’s needs.”
Sensible parents should agree a simple parenting plan from $500 and stay out of the mess of the Court system, in our view.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Understanding Child Support
The Child Support Agency administers child support assessments, separate from parenting proceedings in the Federal Circuit and Family Court of Australia. Any parent or non-parent carer can apply for an administrative assessment under the Child Support Assessment Act. The Agency uses a formula based on the actual costs of raising a child and the parents’ respective incomes to determine the amount of child support payable.
“Child support assessment,” states Prof. Patrick Parkinson of Sydney Law School, “is a critical process that ensures a fair and equitable financial support system for the child, putting their best interests at the forefront.”
Child support should be dealt with a simple private child support agreement between the parties and they start from $500 for us to draft. Professor Parkinson ignores the practical realities and is wrong in our view about “fair and equitable”. Fathers who earn cash jobs or show reduced income via self-employment structures avoid this. Or Fathers who pay a lot and where the mother doesn’t spend the money on the child. Surely, there must be a say on the spend side? international clients, and these are issues that 99% of family lawyers are unable to properly deal with.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Recognising the Role of Grandparents
Resolving Family Disputes & Mediation
Family Dispute Resolution is a process designed to help families reach an agreement without resorting to court intervention. It involves an independent Family Dispute Resolution Practitioner (FDRP) who helps parents explore various options to resolve disputes, encompassing parenting and financial matters. Parents can then formalise any agreed-upon parenting arrangements through a Parenting Plan or Consent Order.
We have seen confusion in the courts between bringing proceedings in Australia, or say Hong Kong or India? Carefully consider which jurisdiction you should bring proceedings in and where it’s better for you? We regularly advise international clients, and these are issues that 99% of family lawyers are unable to properly deal with.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Managing Relocation and Travel
Relocation with a child requires the other parent’s consent under Australian law. It ensures the child’s best interest and equal shared parental responsibility, promoting a child’s right to meaningful involvement from both parents. Family law courts can intervene to prevent a relocation that’s deemed against a child’s best interests, but they cannot prohibit a parent from relocating to a new city, state, or country.
Dr. Judy Cashmore, Associate Professor in Socio-Legal Studies at Sydney University, advises, “Relocation cases can be complex. The best interests of the child are always central in any decision, balancing the right to maintain meaningful relationships with both parents and the freedom of parents to relocate.”
Grandparents often have a profound and positive influence on their grandchildren,” emphasises Dr. Robert Emery, a noted psychologist and family law expert with whom we agree. However, it is the rare Grandparent that can afford a contested Court application. Guided Self Help won’t work if you are not savvy with Microsoft Word and online Court portals either! international clients, and these are issues that 99% of family lawyers are unable to properly deal with.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Contested Parenting & Contravention of Court Orders
Step 4 How Much and How Long?
Assuming that you can afford to go to mediation or use a government service like Relationships Australia? Relationships Australia usually has a wait of several months and is cheap. Private mediation will definitely cost you a few thousand dollars and is quicker.
Of course, if there is a risk of psychological or physical harm to the children then we don’t need to do the above and can seek urgent interim orders in the best interests of the children.
Of course, all of the above is before you get to Court and the Court may order extra mediation still; and if the dispute continues there may be an ICL involved as well as family reports and psychological assessments. Budget at least $20,000 for all this, before you get to a hearing in a year or so time.
Over the last few years there have been, in theory, quicker contravention lists and if a parent has contravened standing court orders, please contact us to quickly review your facts and we may seek urgent contravention orders to avoid uncertainty for the children.
As an accredited mediator, we do not act as a FDRP. A typical FDRP mediation can cost $5,000 for each party. We offer mediation at a reduced rate if the parties are willing to compromise. Otherwise join the expensive queue and wait up to six months. Call us and we will guide you through this maze. international clients, and these are issues that 99% of family lawyers are unable to properly deal with.
Conclusion and Help for The Parenting Journey in Family Law
Remember, navigating through family law matters can be complicated and emotionally challenging. But understanding these foundational elements can empower you in making the right decisions for your family. As your guide in this journey, I encourage you to approach our family law experts or seek other legal advice to make informed decisions that protect the interests of all parties involved, most importantly, your children and to stay away from prolonged expensive parenting disputes if you can.
Citations
Following footnotes detail the sources cited:
- Erickson, N. S. (2006). The Lawyer’s Guide to Family Law. American Bar Association.
- Rhoades, H. (2017). “Reforming Australia’s Parenting Laws: A Plea for Practical Realities.” Sydney Law Review.
- Smyth, B. (2009). “Parenting after Separation — A Position Statement prepared for The Australian Psychological Society.” Australian Psychological Society.
- Parkinson, P. (2011). “Australian child custody law and the principle of equal shared parental responsibility.” International Journal of Law, Policy and the Family.
- Fehlberg, B., & Millward, C. (2014). “Family Law in Australia: Family law, gender neutrality, care and parenting.” Journal of Social Welfare and Family Law.
- Emery, R. E. (2012). “The Truth About Children and Divorce: Dealing with the Emotions So You and Your Children Can Thrive.” Penguin Group.
- Sharman, R. (2018). “Conflict Resolution in Family Breakdown: The Role of Family Dispute Resolution Practitioners.” Australian Family Studies Journal.
- Cashmore, J., & Parkinson, P. (2008). “Children’s and Parents’ Perceptions on Children’s Participation in Decision Making After Parental Separation and Divorce.” Family Law Quarterly.
Parenting & Children Quick Facts & Fees 2023
Compiled With Over 10Years of Data From Real Client Questions
This Costly Family Law Absurdity Must Stop!" 68 Family Law Reports & Inquiries Since 1975
What Are Typical Family Law Fees In The Industry
At the request of the committee, the Australian Parliamentary Library compiled the following list of family law inquiries and report.
The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1
The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1
Family law inquiry and report
- 1974 Senate Standing Committee on Constitutional and Legal Affairs, Law and administration of divorce and related matters, and the clauses of the Family Law Bill 1974, Final Report, October 1974.
- 1980 Joint Select Committee on the Family Law Act, Family law in Australia, August 1980. (volume 1 and volume 2)2
- 1986 P McDonald (ed), Settling up: Property and income distribution on divorce in Australia, Australian Institute of Family Studies, 1986.
- 1987 Australian Law Reform Commission, Matrimonial property, Report No. 39, 1987.
- 1987 Family Law Council, Access–some options for reform, 1987.
- 1988 Family Law Council, Arbitration in family law, February 1988.
- 1991 Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, The retiring age of judges of the Family Court of Australia, September 1991.
- 1992 Family Law Council, Patterns of parenting after separation, April 1992.
- 1992 Family Law Council, The interaction of bankruptcy and family law, June 1992.
- 1992 Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, Family Law Act 1975: Aspects of its operation and interpretation, November 1992.
- 1994 Australian Law Reform Commission, Equality before the law: Justice for women, Report No. 69, Part 1, 1994, Chapter 9: Violence and family law
- Australian Law Reform Commission, Equality before the law: Women’s equality, Report No. 69, Part 2, 1994.
- 1994 B Smyth (ed), Parent–child contact and post-separation parenting arrangements, Research Report No. 9, Australian Institute of Family Studies, June 2004.
- 1995 Australian Law Reform Commission, For the sake of the kids: Complex contact cases and the Family Court, Report No. 73, 1995.
- 1995 Joint Select Committee on Certain Family Law Issues, Funding and administration of the Family Court of Australia, November 1995.
- 1996 Family Law Council, Family law appeals and review: An evaluation of the appeal and review of family law decisions, June 1996.
- 1996 Family Law Council, Involving and representing children in family law, August 1996.
- 1996 K Funder and B Smyth, Family law evaluation project 1996: Parental responsibilities: Two national surveys: (Part one: Report), Australian Institute of Family Studies, 1996.
- 1997 Australian Law Reform Commission, Seen and heard: Priority for children in the legal process, Report No. 84, 1997. See: Chapters 13, 15, 16.
- 1998 Family Law Council, Child contact orders: Enforcement and penalties, June 1998.
- 1998 House of Representatives Standing Committee on Legal and Constitutional Affairs, To have and to hold: Strategies to strengthen marriage and relationships, June 1998.
- 2000 Family Law Council, Litigants in person, August 2000.
- 2001 Family Law Pathways Advisory Group, Out of the maze: Pathways to the future for families experiencing separation, AGD, Canberra, 2001.
- 2001 Family Law Council, Cultural-community divorce and the Family Law Act 1975: A proposal to clarify the law, August 2001.
- 2002 Family Law Council, Family law and child protection: Final report, September 2002.
- 2003 House of Representatives Standing Committee on Family and Community Affairs, Every picture tells a story: Inquiry into child custody arrangements in the event of family separation, December 2003.
- 2004 Family Law Council, Pathways for children: A review of children’s representation in family law, August 2004.
- 2004 Family Law Council, Recognition of traditional Aboriginal and Torres Strait Islander child-rearing practices: Response to recommendation 22: Pathways report, Out of the maze, December 2004.
- 2006 Family Law Council, Relocation, May 2006.
- 2007 Family Law Council, Collaborative practice in family law, February 2007.
- 2007 J McIntosh and C Long, Children beyond dispute: a prospective study of outcomes from child focused and child inclusive post-separation family dispute resolution, March 2007, prepared for the Attorney-General’s Department.
- 2007 Family Law Council, Improving post-parenting order processes, October 2007.
- 2007 L Moloney et al, Allegations of family violence and child abuse in family law children’s proceedings: A pre-reform exploratory study, Research paper No. 15, Australian Institute of Family Studies, 2007.
- 2007 D Higgins, Cooperation and coordination: an evaluation of the Family Court of Australia’s Magellan case-management model, prepared by the Australian Institute of Family Studies for the Family Court of Australia, 2007.
- 2008 D Semple, Future governance options for federal family law courts in Australia: Striking the right balance, prepared for the Attorney-General’s Department, August 2008.
- 2009 J McIntosh et al, Children beyond dispute: A four year follow up study of outcomes from child focused and child inclusive post-separation family dispute resolution, April 2009, prepared for the Attorney-General’s Department.
- 2009 R Chisholm, Family courts violence review, November 2009.
- 2009 Family Law Council, Improving responses to family violence in the family law system: An advice on the intersection of family violence and family law issues, December 2009.
- 2009 R Kaspiew et al, Evaluation of the 2006 family law reforms, Australian Institute of Family Studies, December 2009.
- 2010 Australian National Audit Office, Implementation of the Family Relationship Centres initiative, Performance Audit Report No. 1, 2010–11.
- 2010 D Bagshaw et al, Family violence and family law in Australia: the experiences and views of children and adults from families who separated post-1995 and post-2006, 2 vols, Monash University, University of South Australia, James Cook University, for the Australian Attorney-General’s Department, April 2010. (volume 1 and volume 2)
- 2010 J Cashmore et al, Shared care parenting arrangements since the 2006 family law reforms: Report to the Australian Government Attorney-General’s Department, UNSW, Social Policy Research Centre, May 2010.
- 2010 J McIntosh et al, Post-separation parenting arrangements and developmental outcomes for infants and children: Collected reports, prepared for the Australian Government Attorney-General’s Department, May 2010.
- 2010 Australian Law Reform Commission and NSW Law Reform Commission, Family violence–A national legal response, Report No. 114, 2 vols, November 2010. (volume 1 and volume 2)
- 2010 L Qu and R Weston, Parenting dynamics after separation: A follow-up study of parents who separated after the 2006 family law reforms, Australian Institute of Family Studies, December 2010.
- 2011 National Alternative Dispute Resolution Advisory Centre, Maintaining and enhancing the integrity of ADR processes, February 2011. See: Chapter 6: Family dispute resolution.
- 2012 Family Law Council, Improving the family law system for Aboriginal and Torres Strait Islander clients, February 2012.
- 2012 Family Law Council, Improving the family law system for clients from culturally and linguistically diverse backgrounds, February 2012.
- 2013 R Chisholm, Information-sharing in family law & child protection: Enhancing collaboration, Attorney-General’s Department, Canberra, March 2013.
- 2013 Allen Consulting Group, Research on Family Support Program family law services: Final report to Australian Government Attorney-General’s Department, May 2013.
- 2013 Family Law Council, Report on parentage and the Family Law Act, December 2013.
- 2014 KPMG, Review of the performance and funding of the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia, prepared for the Attorney-General’s Department, March 2014. (Appendices A-C; Appendices D-G)
- 2014 R Chisholm, The sharing of experts’ reports between the child protection system and the family law system, Attorney-General’s Department, Canberra, 2014.
- 2014 R Kaspiew et al, Independent children’s lawyers study: Final report, 2nd edn, June 2014.
- 2014 Productivity Commission, Access to justice, Report No. 72, 2 vols, September 2014. (volume 1 and volume 2) Volume 2, chapter 34 deals with the family law system.
- 2014 L Qu et al, Post-separation parenting, property and relationship dynamics after five years (Evaluation of the 2006 Family Law reforms), Australian Institute of Family Studies, December 2014.
- 2015 Family Law Council, Families with complex needs and the intersection of the family law and child protection systems: Interim report: Terms 1 & 2, June 2015.
- 2015 R Kaspiew et al, Evaluation of the 2012 family violence amendments: Synthesis report, (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
- 2015 R Kaspiew et al, Responding to family violence: A survey of family law practices and experiences (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
- 2015 R Kaspiew et al, Experiences of separated parents’ study (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
- 2015 R Kaspiew et al, Court outcomes project (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
- 2016 KPMG, Future focus of the family law services: Final report, prepared for the Attorney-General’s Department, January 2016.
- 2016 Family Law Council, Families with complex needs and the intersection of the family law and child protection systems: Final report: Terms 3, 4 & 5, June 2016.
- 2017 House of Representatives Standing Committee on Social Policy and Legal Affairs, A better family law system to support and protect those affected by family violence, December 2017.
- 2018 PricewaterhouseCoopers (Australia), Review of efficiency of the operation of the federal courts: Final report, April 2018.
- 2018 R Carson et al, Direct cross-examination in family law matters: Incidence and context of direct cross-examination involving self-represented litigants, Australian Institute of Family Studies, June 2018.
- 2018 R Carson et al, Children and young people in separated families: Family law system experiences and needs, Australian Institute of Family Studies, 2018.
- 2019 Australian Law Reform Commission, Family law for the future, Report No. 135, March 2019.
- Avoid Getting Stuck In A Parenting Dispute
- Contravention and Significant Circumstances Change – Reforms to Rice v Asplund.
- The Myth Behind FDRP Mediation in Family Law and Its Costs
- The Myth of Effective Further Reforms And Self Representation in Family Law
How Do Goldman Lawyers Typical Professional Fees in a Family Law Matter Compare?
The rates are our top senior lawyers range from $550 to $750 per hour excluding GST.
Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.
Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive, and work to an agreed strategy.
We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on.
Even though our initial rates may seem higher, the eventual outcome will cost less, and we are successful in achieving a better outcome.
We use technology and automation extensively to reduce the time taken for mundane tasks.
What Are Typical Family Law Fees In The Industry
According to the Federal Circuit and Family Court of Australia, parties involved in family law proceedings usually pay their own legal costs. However, there are exceptions to this. The court may order one party to pay the legal costs of another. The amounts payable for a costs order are set out in the scale of costs in Schedule 3 to the Family Law Rules 2021.
The court may also depart from the scale and order that another party pay all of a party’s costs reasonably and properly incurred, which is known as indemnity costs.
The fees for a senior lawyer handling a family law matter can vary depending on factors such as the complexity of the case, the expertise and experience of the lawyer, and the location of the law firm.
In Division 2 of the Family Law Rules 2021, the scale of costs for family law and child support matters is provided.
- For example, for initiating or opposing an application up to the completion of the first court date, the cost can range from $2,512.56 to $3,141.50, depending on the presence of interim orders.
- The fees for attending a hearing can range from $342.19 to $2,512.56 per day, depending on the type of hearing.
- Additionally, there are fees for drafting, conferences, and chamber work, ranging from $277.16 to $721.68 per hour, depending on the level of expertise. Disbursements, such as photocopying and agent fees, are also included in the costs.
These fees are provided as a guide and may vary depending on the specific circumstances of the case and also include Legal Aid Fees.
Per Court Day
Based on another source , the fees for senior lawyers in family law matters can range from $3,000 to $6,000 per day in court. Junior lawyers may charge less due to their developing expertise. These fees are generally for a final hearing and can vary depending on the complexity of the case.
Hourly Rates
Another source mentions that lawyers generally charge an hourly rate for their services. The lowest hourly rate for an admitted lawyer with less than 2 years of experience may be around $300, while the hourly rate for a principal of a law firm with years of experience can be around $600. The fees for talking to a lawyer or seeking legal advice can vary depending on the lawyer’s rate and whether a fixed fee or time-costing method is used.
What Do Barristers Typically Charge?
In a different source, the fees charged by barristers in family law matters are discussed. Barristers are grouped into categories based on their experience and level of expertise. For example, a reader (newly admitted barrister) may charge around $2,500 per day, while a senior junior barrister (with more than five years of experience) may start at around $4,500 per day. Queen’s Counsel and Senior Counsel (more experienced barristers) may charge from $9,000 to $13,000 per day. The choice of barrister will depend on the individual’s case and budget.
In conclusion, the typical professional fees for a senior lawyer handling a family law matter in Australia can vary depending on various factors, including the complexity of the case, the expertise and experience of the lawyer, and the specific services required.
The fees can range from around $2,500 per day for a newly admitted barrister to $13,000 per day for a senior barrister.
Hourly rates for lawyers can range from $300 to $600, and fixed fees may apply for certain services. It is best to consult with a lawyer to obtain an accurate estimate of fees based on the individual’s specific circumstances
Why Do Lawyers Tend To Underquote The Initial Fees? What Can I Do To Protect Myself?
Law firms use various strategies to attract clients, including the initial underquoting of fees. Note: Goldman Lawyers do not use these tactics.
When it comes to marketing, law firms focus on making themselves easy to find online through search engine optimization (SEO) and running SEO campaigns to improve visibility in search results
- One common reason for lawyers to initially underquote client fees is the traditional practice of not advertising prices. Many lawyers were trained by those who practiced at a time when advertisements were prohibited.
- Another reason is that lawyers are often hesitant to bind themselves to a flat fee before knowing anything about the client.
- Each client’s case differs in complexity and requirements, and lawyers may need more information before quoting an accurate fee. For example, a divorce case could range from simple and straightforward to complex and involving multiple assets.
- Furthermore, the unpredictable nature of litigation and transactional matters can make it challenging to estimate the amount of work required.
- Disagreements between parties and unforeseen circumstances may arise during the course of a case, potentially prolonging the work. Lawyers may be reluctant to set a fixed fee upfront when they cannot guarantee the duration or complexity of the legal matter.
- Moreover, lawyers may be concerned that advertising prices could lead to a race to the bottom, with lawyers undercutting each other’s rates.
- While this may benefit consumers, it may not be financially viable for lawyers. Lawyers require compensation that reflects their experience, expertise, and the value they provide to their clients.
- In light of these factors, it may not be advantageous for lawyers to advertise their prices upfront (as we do!!!).
In summary, lawyers initially underquote client fees for various reasons, including the traditional practice of not advertising prices, the need to gather more information about the client’s case, the unpredictable nature of legal matters, and concerns about a race to the bottom in pricing.