Parenting Lawyers in Box Hill, Melbourne
From our Box Hill office, our lawyers help separated parents settle where the children live, their time with each parent and how major decisions are made, then record it in a parenting plan or consent orders. Where agreement is not possible, we put your case to the court. Your first call is free, and you speak with a lawyer.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm acting for parents and grandparents in parenting plans, consent orders and court proceedings about children, with the principal overseeing every matter.
- A court making a parenting order treats the child's best interests as the paramount consideration, and there is no presumption of equal shared parental responsibility.
- Each parent has parental responsibility for a child under 18, and separation alone does not change that.
- An application for parenting orders generally needs a family dispute resolution certificate, unless the court grants an exemption.
Who we act for
When families call us about the children.
Most people call soon after separating, when the children are moving between two homes on an arrangement nobody has written down, or one parent wants a pattern the other will not accept. Others have agreed and want it recorded, have orders that no longer fit, or face a move that would make it much harder for the children to see a parent.
We act for mothers and fathers, and for grandparents and others concerned with a child's care, who can apply for parenting orders themselves.
How we help
What we do in parenting matters.
Parenting plans
A written agreement between the parents, signed, dated and made free of any threat, duress or coercion, on where the children live, their time with each of you, holidays and decisions. It cannot be enforced as orders can, but a court making orders has regard to the latest plan where that is in the children's best interests.
Consent orders
Once you agree, we prepare the application and proposed orders. Each of you tells the court of any concern about abuse, family violence or risk, and consent orders have the same force as orders made after a hearing.
Family dispute resolution
We advise whether you need a certificate or can ask the court for an exemption, prepare you for mediation, and turn any agreement into terms precise enough to work.
Court and urgent orders
Where agreement is not possible, we apply for or respond to interim and final parenting orders, changes to final orders, recovery orders and orders to stop a child being taken out of Australia. If you are in immediate danger, call 000.
Your first call
What to bring to your first call.
Whatever you have to hand: any parenting plan or court orders, any intervention order, letters from the other parent or their lawyer, a note of the current arrangements, and your questions. If you have little on paper, that is fine too. The first conversation is about understanding your situation, not testing your paperwork.
Your first call is free, and you speak with a lawyer. Our office is at Suite 10, 1 Main Street, Box Hill, a short walk from Box Hill station, with parking at Box Hill Central.
What to expect
How a parenting matter moves forward.
What agreed arrangements cost.
Consent orders for agreed parenting arrangements are a fixed fee of $2,750 including GST, covering advice on what you have agreed, the application and proposed orders, filing and the sealed orders, where there are no family violence or child safety concerns for the court to look into. A parenting plan built from agreed arrangements is from $1,320 including GST, and further rounds of changes cost more. Anything our fees page does not list, such as a disputed matter or court proceedings, is estimated in writing before substantive work begins, and the court's filing fee is paid to it directly.
Good to know
Common questions about parenting arrangements.
Do the children have to spend equal time with each of us?
No. The Family Law Act does not start from equal time or any other split, and since May 2024 there has been no presumption of equal shared parental responsibility. The court weighs the matters the Act lists for the particular child, starting with the safety of the child and their carers, and equal time remains possible where it is in the child's best interests.
Do we have to try mediation before going to court?
Usually. Unless the court grants an exemption, an application for parenting orders needs a family dispute resolution certificate, which a practitioner can also give if the other parent refuses or fails to attend. Exemptions are available for urgent applications, applications made by consent, and cases where the court is satisfied there are reasonable grounds to believe a party has committed family violence or abused the child, or that there is a risk of family violence by a party, or of abuse if the application were delayed, among others. If you are in immediate danger, call 000.
Is there a time limit for parenting orders?
The Family Law Act sets no deadline, but no parenting order can be made for a child who is 18 or over, is or has been married, or is in a de facto relationship. Before filing, the court's rules expect you, where it is safe, to try family dispute resolution and, if that fails, to give written notice of the orders you will seek, with a genuine offer and at least 14 days to reply.
Can I move away with the children?
You should not, without the other parent's agreement or a court order, if the move would make it significantly harder for the children to spend time with that parent. The Act treats that as a major long-term issue. Where it is safe, parents are encouraged to consult each other about it, and where a parenting order provides for joint decision-making, they must consult and genuinely try to decide together. Moving first and asking later can seriously damage your case.
What if the other parent is keeping the children from me?
If you are in immediate danger, call 000. Otherwise call us the day it happens. The court can order a child's return to a parent, deal with a breach of existing orders, and excuse family dispute resolution where an application is urgent.
Sources: Family Law Act 1975 (Cth); Family Law Amendment Act 2023 (Cth), Schedule 1, Part 2; Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), rules 2.04, 4.01, 4.02, 10.04, 10.05 and 10.07, and Schedule 1, Part 2.
This page reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
Speak with a parenting lawyer.
One call tells you where you stand and what the next step would be.