Parenting & Custody Lawyer Sydney
When arrangements for your children break down, or never get agreed in the first place, you need a lawyer who understands both the law and what is actually at stake. Our team has guided Sydney families through parenting disputes, contact orders, consent orders and child recovery matters for over 40 years.
Confidential consultation · Suite 901, 265 Castlereagh St, Sydney CBD
Parenting situations we deal with every day
Parenting disputes are rarely straightforward. Every family is different, and so is every case. Whether you are trying to establish arrangements for the first time or enforce orders that are being ignored, we have the experience to guide you through it.
You and your ex cannot agree on arrangements
Where your children live, how much time they spend with each parent, who makes major decisions about school and health: we help you reach a workable agreement, or represent you in Court if needed.
Your ex is not following the current orders
Orders that are ignored (late returns, missed handovers, extended holidays without consent) are enforceable. We can bring the matter back to Court and seek consequences for persistent breaches.
Your child has been taken without your consent
If your child has been removed or not returned, time matters. We can apply urgently for a Child Recovery Order and, where there is a risk of overseas removal, put immediate protective measures in place.
Your ex wants to relocate with your children
Relocation is one of the most contested areas of parenting law. We have acted for both parents seeking to relocate and parents opposing a move, always with the children's interests at the centre.
Existing orders are no longer working
Circumstances change: a parent moves, a child's needs evolve, or the orders made when your child was six are simply not workable now. We can advise whether you have grounds to vary existing orders.
There are safety concerns about the other parent
Where family violence, substance abuse or risk of harm is involved, children's safety is the priority. We act quickly to secure appropriate protections while ensuring the law is applied correctly.
Parenting & custody legal services
We handle the full range of parenting and custody matters in the Federal Circuit and Family Court of Australia. Where possible we pursue resolution without litigation: it is faster, less expensive and far less stressful for your children. When Court is unavoidable, we are experienced advocates.
Parenting Disputes
Representation and advice for disputes about where children live, how much time they spend with each parent, and who makes decisions about their schooling, health and welfare. We assist from negotiation through to contested hearings.
Consent Orders
If you and your former partner can agree, we prepare and file Consent Orders to make that agreement legally binding and enforceable. A well-drafted Consent Order provides the certainty both parents and children need.
Child Contact Orders
When one parent is being denied time with their children, or contact arrangements are being manipulated, we can seek orders establishing clear, enforceable contact arrangements, including supervised contact where appropriate.
Child Recovery Orders
Urgent applications when a child has been taken without consent or not returned after scheduled time. We can move quickly to obtain orders directing Police to locate and return your child, and prevent overseas removal.
Relocation Applications
Whether you are a parent seeking to relocate and need the Court's permission, or a parent opposing a move that would reduce your time with your children, we provide experienced representation in this complex area.
Varying Final Parenting Orders
When circumstances have genuinely changed (relocation, health, remarriage, persistent breaches), we advise whether you meet the threshold to apply to vary existing orders under the current law (S65DAAA, Family Law Act).
The presumption of equal shared parental responsibility has been removed
Many parents come to us believing they are automatically entitled to equal time with their children, or that the other parent must share decision-making equally. Since May 2024, this is no longer the law.
The Family Law Act amendments removed the presumption of equal shared parental responsibility. There is no default 50/50. Every case is assessed individually on what is in the best interests of the child. The factors the Court now considers have been significantly simplified.
If your understanding of your rights comes from advice given before May 2024, or from what a friend told you, we strongly encourage you to get current legal advice before taking any steps.
What the Court now considers
- → Arrangements that promote the safety of the child and each carer (including from family violence, abuse, neglect or other harm)
- → Any views expressed by the child
- → The developmental, psychological, emotional and cultural needs of the child
- → The capacity of each parent to meet those needs
- → The benefit to the child of maintaining a relationship with both parents and other significant people
- → Anything else relevant to the particular circumstances of the child
Source: Family Law Act 1975 (Cth), as amended May 2024
Resolving parenting matters — step by step
Most parenting matters do not end up before a judge. Our goal is always to reach a clear, enforceable agreement without the cost and conflict of litigation. When Court is unavoidable, we prepare your case thoroughly.
Confidential consultation
We listen to your situation without judgment, explain your options clearly, and tell you what is and is not likely to be achievable. No legal jargon.
Negotiation & mediation
Where possible we seek agreement through negotiation or Family Dispute Resolution. An agreed outcome is faster, less expensive and far less stressful for your children.
Consent Orders (if agreed)
We prepare and file Consent Orders with the Court, making your agreement legally binding and enforceable. This gives both parents and children certainty and a clear routine.
Court application (if needed)
If no agreement is possible, we file an Initiating Application and guide you through the Court process: Directions Hearing, Child Responsive Program, and ultimately a Final Hearing if required.
Final orders
Whether by consent or after a hearing, final orders give your children a settled, predictable routine and the legal certainty to enforce it if the other parent does not comply.
Ongoing support
Circumstances change. We are here if orders need to be varied, if there are breaches, or if new issues arise as your children grow. You do not start over — you pick up where we left off.
Note: Where there is immediate risk to a child, we can file urgent applications without first attending Family Dispute Resolution. Call us immediately — (02) 9261 1785.
Parenting matters we have handled
Every family is different. These are examples of parenting matters we have successfully resolved. Names and identifying details have been removed to protect client privacy.
Father keeps child in Australia after mother seeks to relocate overseas
The Mother sought to relocate overseas with the young child (aged 2) and applied for substantial spousal maintenance if her relocation application was not granted.
We successfully argued for the relocation application to be dismissed and secured orders for the child to spend overnight time with the Father, with the spousal maintenance application also dismissed.
Mother and child permitted to relocate overseas
Acting for the Mother, a victim of domestic violence with an AVO in place protecting herself and her young child who had ongoing health issues. The Father opposed relocation.
We successfully argued for relocation to allow the Mother's family overseas to support her and the child. The matter was appealed by the Father and the appeal was dismissed.
No contact order secured and upheld on appeal
Acting for the Mother of a young child with psychological issues. A long history of severe domestic violence existed but no AVO had been made at the time proceedings commenced.
We successfully argued for a no contact order. The non-resident parent appealed. The Full Court of the Family Court dismissed the appeal. The order has been sustained.
Father's contact restored after false sexual assault allegations
Acting for the Father against whom the Mother made false allegations of sexual abuse to the children. An AVO had been granted on the basis of those allegations.
We successfully had the children removed from the AVO and secured orders for the Father to spend time with the children. The Court rejected the false allegations entirely.
Experienced. Empathetic. Effective.
Our family law team brings together over four decades of experience with current specialist expertise. We take the time to understand your situation, because every parenting matter is different and the right advice depends on knowing the full picture.
David Cohen
Principal Solicitor
David established the firm in 1983 and has extensive experience acting in complex family law matters, including contested parenting proceedings, relocation disputes, and matters involving family violence. He briefs a wide circle of experienced barristers and appears personally in Court where appropriate.
Elizabeth Cohen
Family Law Specialist & Accredited Mediator
Elizabeth completed her Juris Doctor at the University of Sydney and holds Masters degrees in Applied Family Law, Business Law and Dispute Resolution. As an Accredited Mediator, she works to resolve parenting matters collaboratively wherever possible, reducing cost, time and the emotional toll on families and children.
Parenting & custody — frequently asked questions
Parenting law resources
Speak to a parenting lawyer today
Every day without clear arrangements adds to the uncertainty for your children. We can help you move forward.
Suite 901, 265 Castlereagh Street, Sydney NSW 2000 · Confidential consultation