If you have kids and break up with your partner, you will need to agree on who spends the most time with the kids. Some parents can quickly come to a mutual decision as to who has the kids. However, there can be conflict in other cases, which may not be possible to resolve without seeking legal support or getting legal intervention.

This is where our child custody lawyers in Sydney can help. At Maatouks Law Group, we can help you achieve the best outcome for you and your kids. This could include helping you to come to an amicable decision with your former partner or helping you to argue your case in court if you feel that you cannot otherwise agree.

How is child custody determined in Australia?

Child custody is usually determined one of two ways:

  • A consent order
  • Or a court order

A consent order is when two parents can come to a decision together themselves – usually with the help of a lawyer. The agreement is then submitted to the court.

A court order is necessary when neither partner can agree. In such cases, both partners may hire individual lawyers to argue their points in court. A judge then casts the decision as to who has custody.

It is usually recommended that parents try to agree with themselves before pursuing a court order. This is because court orders can be long and gruelling than consent orders and should be considered a last resort. But, of course, there are cases where a court order may be an urgent matter, such as if a child is in possible danger.

In both cases, aspects such as care time, child support and freedom to relocate will need to be decided. A child custody lawyer can help you obtain all the information and permission you need on these matters. At Maatouks Law Group, you’ll get access to some of the best child custody lawyers in Sydney.


What types of orders can a court make about a child?

A court can make various orders when it comes to a child’s care. Some of these include:

  • Who the child primarily lives with
  • How much time and responsibility does each parent shares
  • The manner of communication between a child and parent
  • Whether a parent has the right to relocate with children
  • The about of child maintenance required if Child Support is not valid

Feel free to talk to us for more details on just what orders a court can make.

What is a parenting plan?

When two parents decide how to care for a child, it is recommended that they create a parenting plan. This is a written document signed and dated by both parents to give evidence of the agreement. Our child custody lawyers in Sydney can help you to create such a plan.

Who may apply to the court for an order about a child?

Pretty much anyone can apply for a parenting order. Most orders are used either by one of the parents, a child, a grandparent, or close friends and family members. It could be worth consulting with a child custody lawyer to help you apply.

What are the best interests of a child?

When undertaking any legal dispute involving children in Australia, the child’s best interests will always be put first by the court. Section 60CC of The Family Law Act in 1975 considers these two main points when choosing which parent to give custody to:

  • The benefit to the child of having a meaningful relationship with both of the child’s parents
  • The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

Book a consultation with us, and we’ll be able to offer more guidance on just what ‘best interests’ means legally.

What is a parental responsibility, and why does it matter?

Parental responsibility is the power to make decisions on a child’s behalf. In most cases, both parents are given equal parental responsibility, which means either one should consult before deciding, such as choosing a school, changing a child’s name or relocating. However, shared parental responsibility may not be granted if one parent has been violent or abusive in the past. Our child custody lawyers in Sydney can help you to understand more.

Why choose Maatouks Law Group?

If you’re looking for child custody lawyers in Sydney whom you can trust, look no further than us. We have over 30 years of experience in family law, including matters such as divorce and child support. Our company has four offices across Sydney, including Liverpool, Narellan, Penrith and Sydney CBD. Our staff are friendly and knowledgeable, and we treat all of our clients with the utmost courtesy and respect. So give us a call today to book your free consultation.