Nothing in a separation matters more than the children — and nothing is harder to think about clearly. Michael brings calm to parenting matters: arrangements reached by agreement wherever possible, formalised properly, and acted on fast when a child's situation is urgent.
Every parenting decision in Australian family law comes back to one question: what is in the children's best interests. That is also where Michael starts. The goal is arrangements your children can rely on and both parents can live with — reached by agreement wherever possible, recorded properly so they hold, and revisited sensibly as children grow.
Some parenting matters cannot wait. A child kept past changeover and not returned. A move announced without warning. A grandparent suddenly shut out. When something urgent happens, Michael's advice is simple: call the same day — the options are always better early.
Michael acts for parents and grandparents across the Hills District — Castle Hill, Kellyville, Baulkham Hills, Bella Vista, Rouse Hill and the surrounding suburbs — and throughout Sydney and NSW, in person at the Norwest office, by phone or by video.
Tell Michael what is happening with the children. He explains how the law approaches your situation, whether anything is urgent, and what your sensible next step is — including whether family dispute resolution is the right starting point.
If we can assist, a proper initial consultation works through your circumstances in detail — the children's ages, routines, schooling and care — with your options in plain English and a written costs agreement before any work begins.
Most parenting matters resolve through negotiation or family dispute resolution, formalised as consent orders so they are binding. Where agreement is impossible — or a child's situation cannot wait — Michael acts decisively in court.
A parenting plan is a written, signed and dated agreement between parents about the children's arrangements. It is quick and flexible, but it is not enforceable in the same way as court orders.
Consent orders can record similar arrangements, but they are approved by the Court and become legally binding and enforceable. The Court must be satisfied that the proposed orders are in the children's best interests before making them.
Many parents start with a parenting plan and later formalise the arrangements as consent orders once things have settled. Which option suits depends on the circumstances, the level of trust between the parents, and whether enforceability matters.
Yes, in two ways.
If both parents agree, they can record the new arrangements in a parenting plan or apply for new consent orders. If the change needs to be legally enforceable, new consent orders are usually the safer course.
If one parent does not agree, the Court will generally only reconsider final parenting orders where it is satisfied that reopening the matter is justified. The Court must consider whether there has been a significant change in circumstances since the final orders were made, and whether reconsidering the orders is in the children's best interests.
Children's needs change as they grow, but ordinary change alone is not always enough. The question is whether something significant has shifted and whether the children's best interests require the Court to look again.
If you believe your child is in immediate danger, contact police immediately.
Where a child is withheld or taken, the Court can make a recovery order — an order requiring the child's return. A recovery order can authorise police to find, recover and return the child to the person named in the order.
Urgent applications can be made, and the sooner the situation is properly put before the Court, the better. If there are no existing parenting orders, parenting orders can usually be sought at the same time as the recovery order.
If you are worried a child may be taken overseas, urgent steps may also be available, including travel restraint orders and placement of the child's name on the Australian Federal Police Family Law Watchlist.
Grandparents do not have automatic rights, but the law expressly recognises them.
Grandparents can apply to the Court for orders that the children spend time with or communicate with them. In some cases, they can also seek orders that the children live with them or that they have parental responsibility.
The family law system recognises the value of children's relationships with grandparents and other significant people in their lives, where those relationships are safe and in the children's best interests.
Most situations are best approached through discussion or family dispute resolution first, with Court as the last resort. Every decision comes back to the children's best interests.
If the move would significantly affect the children's time with the other parent, it should not be done unilaterally unless there are urgent safety reasons and appropriate steps are taken.
Relocation generally requires the other parent's agreement or a Court order. Moving without agreement or an order can result in urgent applications and orders requiring the children's return.
If you are considering a move — or the other parent is — the issue should be addressed before anything happens, wherever possible. Relocation cases are among the most finely balanced decisions in family law because the Court must weigh practical realities against the children's best interests, including their relationship with both parents and their safety.
What a recovery order is, who can apply, and why the first 24 hours matter. A calm guide to an urgent situation.
Read article →What the law actually says about grandparents seeing — and sometimes caring for — their grandchildren.
Read article →Children grow and circumstances change. When the law lets parenting orders change with them — and when it doesn't.
Read article →The information on this page is general in nature and is not legal advice. What is right for you depends on your circumstances. For advice about your situation, contact Michael Campbell Law.
The first conversation is a free 15-minute phone call — no cost, no obligation. If your child's situation is urgent, call today.