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Legal guide · Victoria

How do child custody and parenting arrangements work?

Australian law focuses on the best interests of the child, not "custody". Most arrangements are agreed — and we help parents reach a workable, lasting plan.

Family & divorce

Australian family law no longer uses the word "custody" — it focuses on the best interests of the child and how parental responsibility and time are shared. Most arrangements are worked out by agreement.

What matters

The child’s safety and wellbeing, their relationship with each parent, and practical realities. Arrangements can cover who children live with, spend time with, and how decisions are made.

Agreement first

Parents are usually expected to attempt family dispute resolution (mediation) before court, and agreed arrangements can be formalised as consent orders or a parenting plan.

If you can’t agree

Where agreement isn’t possible — or there are safety concerns — a court can decide. We’ll advise on the right path for your family.

How we help

We help you reach a workable parenting arrangement and make it binding. Book a consult to protect what matters most.

Common questions

Good to know

Does the law still use “custody”?

No — Australian law focuses on the best interests of the child and how responsibility and time are shared, not "custody".

Do we have to go to court?

Usually not — most parents reach agreement (often via mediation) and formalise it as consent orders or a parenting plan.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

Sorting out the kids? We’ll help you agree.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.

Need help with your own matter? See our child custody & parenting service →
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