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CHILD CUSTODY
Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.
We are family Law experts who keep it simple and focus on your child's best interest above all else.
Award-Winning Family Law Firm
Proven Family Law Record
40+ Years of combined experience resolving complex family law matters means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
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If your case is important to you it’s important to us. Call Jameson Law and join the winning side today.
Award-Winning Family Law Firm
We have won several client service excellence and leading family law firm awards every year up to and including 2025.
Proven Family Law Record
40+ Years of combined experience resolving complex family law matters means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
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Get solid advice and representation today, and pay the bill later with affordable fortnightly payments.
As a parent, we understand that you are always looking out for the best interests of the child. When parents experience a relationship breakdown, the children’s lives are impacted by emotional distress and uncertainty. It is natural to feel apprehensive about seeking legal advice on family matters, and we know that each family is different. One of the benefits of seeking legal advice in a timely manner is that it will ensure stability and certainty. These are two key elements for your child’s well-being.
Child custody: understanding your parental responsibility to ensure your child’s wellbeing
I’ve separated from my partner and we can’t agree on parenting arrangements; What’s next? This is a common question for family lawyers and we are well-equipped to provide a tailored answer. Each parent has parental responsibility for their children until they are aged 18 years old – this responsibility is not dependent on the parents’ relationship. For example, if you separate or remarry, the responsibility that you have for your child’s life remains the same. We understand that separation can be an emotional rollercoaster. It is a challenge as both a partner and parent. However, it is important that you understand the legal courses of action available to you. These are the best pathways for you to resolve your family law matter. Taking this step will ensure that parental responsibilities are clearly understood by both parties. Ideally, the parents are able to reach an agreement on their parenting roles. It should honour a fair distribution of care and shared expectations for the child’s development. Alternatively, where parents cannot come to mutual agreements on their responsibilities, Australian courts are empowered to make parenting orders. The best course of action for the wellbeing of your child is to create a safe and stable separation of parenting duties. In some cases, this means reaching a mutually agreeable parenting plan with your former partner. The legal definition for a parenting plan is that it is a voluntary plan. It details the new working order of the family as two separate households. However, we understand that reaching an agreement on parental responsibility following the end of a relationship is not always possible. Where agreement cannot be reached between yourself and your former partner, there are pathways through the Family Court of Australia where consent orders can be made. These are legally enforceable rules for the care of your child’s development, delivered to set a clear parenting arrangement
I don’t want to share custody but my former partner is putting up a fight. What are my options?
I also need to ensure that they pay child support – their income plays a significant role in our children’s lives.
When the communication between yourself and your former partner has broken down, it can be challenging to agree on the best interests of the child. One partner may desire equal time, and the other may seek sole custody. This can become especially complicated when there are new de facto partners or other family members that wish to be considered or heard in the matter. If you are seeking sole custody with child support from your former partner, you will need to commence court proceedings for a custody arrangement to be ordered by a judge. This is achieved by filing an Initiating Application that asks the Federal Circuit Court of Australia or the Family Court of Australia to make orders.
What to do if I have concerns for my child’s safety?
I want my children to know both their parents and I’m open to shared parenting. Recently, I’ve had safety concerns for my children when they leave my care to be with my former partner. Who should I notify?
We understand that decision making for your children’s lives is overwhelming. Adding to the personal challenges of a relationship breakdown, it is important that you feel supported in the process of re-establishing yourself as a single parent. This support is critical to ensuring you are able to continue prioritising your children’s wellbeing.
However, if your concerns relate to family violence, domestic violence or psychological harm, we firstly encourage you to report your concerns with the police or other support services in your local area. Secondly, there are legal actions you can take to ensure that the shared parenting arrangements are limited for your child’s safety. This could mean seeking sole custody over the children or it could mean seeking an order for supervised contact.
When should I start speaking to a lawyer about my parenting arrangements?
The sooner you reach out, the sooner you can provide stability and certainty to your family. Starting the process with a phone call, we are available to provide you with free and honest legal advice. Contact us to book in a free initial consultation and discuss your situation. We are here to advocate for you.
Legal Answers ... In Short
Recent Family Law Cases - Our Success in the Court Room
Our client is a 25-year-old man who was the holder of an unrestricted Class C (driver’s) licence and a P1
In October 2023, we appeared in Campbelltown District Court on behalf of a 32-year-old man charged with two counts of
Partner SC309 and permanent Partner SC100 simultaneously after claims for domestic violence Congratulations to our client who was granted both
Our solicitor, Mr. Christopher Alis, represented a 19-year-old mother in the Federal Circuit and Family Court of Australia. The 19-year-old
Our solicitor, Mr Wissam Philopos represented a man at Parramatta District Court in relation to a District Court Appeal. The
There’s nothing more satisfying than winning a life changing case for a client. Though this thank you cake was definitely
Our Solicitor, Nicholas Hardy-Clements, represented a 40-year-old man at Parramatta Local Court in relation to a common assault domestic violence
Our Solicitor, Wissam Philopos, represented a 39-year-old man at Sutherland Local Court in relation to two serious offenses. These offenses
Emergency Bail Application Request I received a call on the evening of Sunday 28 August 2022 from an unknown number.
Common Assault (Domestic Violence related) matter dismissed Our Solicitor, Nicholas Hardy-Clements, represented a 68-year-old man at Wyong Local Court in
Our client was allegedly involved in verbal disagreement with his wife at their residence. It was alleged by the police
Defamation Claim Successfully Defended Our principal solicitor and team of barristers settled a defamation claim against our client. The matter
FAQs
Frequently Asked Questions.
Who gets custody of the children after separation in Australia?
There is no automatic rule that mothers or fathers get custody. The Family Law Act focuses on the best interests of the child, including their safety, stability, and relationship with both parents. Courts prefer shared parental responsibility unless there are risks. Talk to our child custody solicitors to understand your rights.
What is the difference between custody and parental responsibility?
‘Parental responsibility’ refers to decision-making authority about a child’s life (e.g. education, health, religion), while ‘custody’ refers to whom the child lives with and spends time with. Australia now uses terms like ‘lives with’ and ‘spends time with’ instead of ‘custody’. Our family lawyers can help clarify your obligations.
Can a child choose which parent to live with?
While children’s views are considered, they are not decisive. The court looks at the child’s age, maturity, and whether their preferences are informed and free from pressure. For example, a 15-year-old may have more say than a 5-year-old. Book a free consultation to learn more.
What happens if one parent denies access to the child?
If there is a parenting order in place, denying access may be a breach of court orders and lead to serious consequences. The affected parent can apply to enforce the order. If no orders exist, you may need to seek a formal agreement or apply to the Family Court.
Do I need a court order for child custody?
No, not necessarily. Many parents reach informal or mediated agreements. However, only court orders or registered parenting plans are legally enforceable. For your protection, our team can help you draft a parenting plan or apply for orders if needed.
Can I relocate with my child after separation?
Relocating without the other parent’s consent can lead to urgent court applications. You may be ordered to return the child or risk losing parenting time. Always seek legal advice before moving. We help clients resolve relocation disputes fairly.
What if the other parent poses a risk to the child?
If there are concerns about abuse, neglect, or violence, the court can issue orders to protect the child, including supervised visits or suspending contact. You can also apply for an Apprehended Violence Order (AVO) if necessary. Prioritising the child’s safety is essential.
Related Family Law News and Resources
BOOK YOUR CONSULTATION Book Now Full Name * Email * Mobile * What Happened? When As soon as possibleWithin a
Just like comparing surfboards to skateboards, criminal law and family law in Australia are worlds apart. Criminal law takes on
Mediation is a dispute resolution process where parties involved in a dispute are assisted by an independent third party to
What are Consent Orders? Simply put, Consent Orders are Orders made by consent of the parties. Broadly speaking, there are
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Our Sydney Offices
Parramatta CBD - Head Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Suite 301, 67-69 Philip St Parramatta NSW 2150
Sydney CBD - Practice Office
- 02-8806-0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Tower One Barangaroo International Towers Level 35, 100 Barangaroo Ave Sydney NSW 2000
Blacktown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
-
Level 3 81 Flushcombe Road, Blacktown NSW 2148
(By Appointment Only)
Liverpool CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
-
Level 2, 215-219 George Street, Liverpool NSW 2170
(By Appointment Only)
Bankstown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
-
23 Restwell Street, Bankstown NSW 2200
(By Appointment Only)
Court Houses We Frequent
Local Courts
Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Court Operating Hours: 9:30am-4:30pm
Blacktown Local Court
- 1300 679 272
- (02) 9672 2666
- PO Box 217 BLACKTOWN NSW 2148
- local-court-blacktown@justice.nsw.gov.au
- 1 Kildare Road Blacktown NSW 2148
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Burwood Local Court
- 1300 679 272
- (02) 9744 4144
- PO Box 235 BURWOOD NSW 1805
- local-court-burwood@justice.nsw.gov.au
- 7-9 Belmore Street BURWOOD NSW 2134
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Campbell Local Court
- 1300 679 272
- (02) 9821 7888
- PO Box 3435 LIVERPOOL WESTFIELDS NSW 2170
- local-court-campbelltown@justice.nsw.gov.au
- 150 George Street LIVERPOOL NSW 2170
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Central Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Downing Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- dclc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Fairfield Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Spencer St & Court Rd, Fairfield NSW 2165
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Hornsby Local Court
- 1300 679 272
- (02) 9847 9955
- PO Box 96 HORNSBY NSW 1630
- local-court-hornsby@justice.nsw.gov.au
- 294 Peats Ferry Rd HORNSBY NSW 2077
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Liverpool Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Parramatta Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 92 Parramatta NSW 2150, Australia
- local-court-parramatta@justice.nsw.gov.au
- 12 George Street Parramatta NSW 2150, Australia
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Sutherland Local Court
- 1300 679 272
- PO Box 37, Sutherland 2232
- local-court-sutherland@justice.nsw.gov.au
- Cnr Flora and Belmont Street, Sutherland NSW 2232
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
- 1300 679 272
- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
- local-court-bankstown@justice.nsw.gov.au
- 12 George Street, Parramatta NSW 2150
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
- 1300 679 272
- local-court-penrith@justice.nsw.gov.au
- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
- 1300 679 272
- local-court-campbelltown@justice.nsw.gov.au
- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
- 1300 679 272
- local-court-liverpool@justice.nsw.gov.au
- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
- 1300 679 272
- local-court-wollongong@justice.nsw.gov.au
- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday