Common family law questions answered by Wallen Family Law.

Understanding Attachment & Routine

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When parents of very young children separate, one of the most important considerations is how to maintain a stable and nurturing routine.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, explains that arrangements for infants and toddlers look very different from those for school-aged children. “At this stage of development, a child’s sense of safety comes from predictability, comfort and attachment to their primary caregiver,” she says. “It’s not about equal time — it’s about the right time for the child.”

Why Routine and Attachment Matter

Family law in Australia places the best interests of the child at the centre of every decision. For very young children, that means prioritising attachment and routine.

“Children under three rely heavily on consistency,” Melody explains. “They can experience distress if their routine changes too often, or if they spend long stretches away from their primary attachment figure. That doesn’t mean the other parent is less important — it simply means the time together needs to be structured in a way that supports the child’s emotional security.”

She adds that parenting arrangements often evolve as the child grows. “What’s appropriate for a six-month-old will look very different by the time they’re in preschool. The key is to keep reviewing and adapting as developmental needs change.”

A Gradual and Age-Appropriate Approach

Melody often encourages a gradual increase in time with the non-primary carer as the child becomes older and more confident.

“We recognise the importance of both parents playing a meaningful role,” she says. “We usually recommend a step-by-step approach — shorter, frequent visits at first, moving towards overnight time and longer block periods of time as the child’s emotional and practical readiness develops.”

This approach allows children to build trust and familiarity in both households while preserving their need for stability and comfort.

When Parents Disagree

Disagreements about parenting time for young children are common and often come from good intentions on both sides. “Parents may have different ideas about what’s ‘fair,’ but the Court looks at what’s best for the child’s wellbeing — not what’s equal for the adults,” Melody says.

She notes that expert evidence, such as family reports or child development advice, can help clarify what’s suitable for a particular child’s age and developmental needs.

The Value of Early Legal Guidance

Understanding what the Court considers appropriate at each stage helps avoid unnecessary conflict. “We can guide parents to reach age-appropriate agreements through negotiation or mediation, without rushing into litigation,” Melody says. “That gives families space to adapt naturally as the child grows.”

At Wallen Family Law, the team works with empathy and structure to help parents build practical, child-focused arrangements. “Our table is round,” Melody explains. “We listen to your concerns and work towards a solution that meets the child’s emotional, developmental and relational needs.”

Quick Answers

Why are parenting arrangements different for young children?
Because infants and toddlers rely on secure attachment and routine. Their wellbeing depends on short, predictable transitions rather than long separations.

Can the other parent still build a strong relationship?
Yes. Regular, consistent time — even in shorter visits — supports bonding without disrupting the child’s routine.

When do overnight stays usually start?
This depends on the child’s age, development and comfort level. Overnight time is often introduced gradually as the child grows.

Will these arrangements change as my child gets older?
Yes. Parenting orders can be reviewed or updated to reflect a child’s changing needs, particularly around school age.

What if we can’t agree?
A Family Dispute Resolution (FDR) process or mediation can help. If agreement still isn’t possible, the Court will determine arrangements based on the child’s best interests.

From Melody

“Parenting orders for young children should never be one-size-fits-all. Every child’s developmental stage matters. With the right guidance, it’s possible to create arrangements that nurture stability, support both parents’ relationships, and protect what’s most important — your child’s sense of security.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Before you can apply to the Court for parenting orders, you usually need a Section 60I Certificate. It’s one of the most common questions Melody van der Wallen, Principal Lawyer at Wallen Family Law, is asked in new parenting matters.

“Parents often hear the term but aren’t sure what it means or why it matters,” Melody says. “In simple terms, it’s a certificate that confirms you’ve made a genuine attempt to resolve your parenting dispute through mediation before going to court.”

What the Certificate Is

Under the Family Law Act 1975 (Cth), most parents are required to attempt Family Dispute Resolution (FDR) before filing a court application about parenting arrangements.

A Section 60I Certificate is issued by an accredited Family Dispute Resolution Practitioner after this process. It tells the Court what has happened at mediation — whether both parties attended, whether one refused, or whether mediation was deemed inappropriate because of risk factors like family violence.

“The certificate doesn’t reveal what was discussed or who was ‘at fault’,” Melody explains. “It simply shows the Court that you’ve tried — or that mediation wasn’t suitable in your circumstances.”

Why It’s Important

Without a Section 60I Certificate, the Court generally won’t accept a parenting application. “It’s a legal requirement designed to encourage parents to resolve matters outside of court where possible,” Melody says.

There are only limited exceptions — for example, if there is a genuine urgency, family violence, or child safety concern. In those cases, your lawyer can help you seek an exemption.

“Even if you believe the other parent won’t engage, it’s still important to start the process,” Melody adds. “It can show the Court you’ve acted reasonably and may save significant time later.”

The Mediation Process

Family Dispute Resolution (FDR) is a confidential and structured form of mediation designed to help parents reach practical, child-focused agreements. It can be conducted through community-based services such as Relationships Australia, Uniting, or through private family law mediators.

“At Wallen Family Law, we help clients prepare properly before mediation,” Melody explains. “That means identifying what’s most important, understanding realistic outcomes, and entering discussions with clarity — not confusion or emotion.”

If an agreement is reached, it can later be formalised through Parenting Consent Orders or a Parenting Plan, depending on your circumstances.

What Happens If Mediation Fails?

If mediation doesn’t resolve the dispute, the FDR practitioner will issue a Section 60I Certificate. You can then file an application with the Court to determine the parenting arrangements.

“Receiving a certificate doesn’t mean you’ve failed,” Melody says. “It simply means the issue now may need judicial assistance. Sometimes that’s the only way to achieve a safe and workable outcome.”

Quick Answers

What does a Section 60I Certificate confirm?
That you have attended, attempted, or been exempted from Family Dispute Resolution before applying to the Court about parenting matters.

Who issues the certificate?
An accredited Family Dispute Resolution Practitioner — not your lawyer or the Court.

Is mediation always required?
Yes, in most cases. Exceptions apply for urgency, family violence, child abuse, or if one parent refuses to participate.

Does the certificate say what happened at mediation?
No. It simply records whether an attempt was made or why it wasn’t appropriate.

How long is it valid for?
Twelve months from the date it is issued.

From Melody

“A Section 60I Certificate might sound like a technical requirement, but it’s really about giving parents the chance to resolve things collaboratively first. With the right guidance, mediation can often achieve outcomes faster, cheaper, and with less conflict — and if court becomes necessary, you’ll already have taken the right first step.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Enforcing Parenting or Property Orders

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Even after final orders are made, sometimes one party doesn’t follow them. It can be frustrating and emotionally draining when parenting or property orders are ignored — especially after the effort it took to reach them.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a situation many clients face.
“People assume that once they have Court Orders, the hard part is over,” she explains. “But unfortunately, some people still breach those orders — by not facilitating time with the children or refusing to sign documents they were ordered to sign in order to progress a property sale for example.”

Understanding Enforcement

Under the Family Law Act 1975 (Cth), all Court Orders are legally binding. That means each person named in the orders has a legal obligation to comply.

“When an order isn’t followed, the next step is to bring what’s called an Enforcement Application or a Contravention Application,” Melody explains.

“These are formal applications asking the Court to ensure the orders are complied with — and, in some cases, to impose consequences for non-compliance.”

The type of application you file depends on the circumstances. “In a parenting matter, it might be about missed time or communication. In a property matter, it could involve transferring property, selling a home, or dividing superannuation as ordered.”

When to Take Action

Not every breach requires an immediate court application.
“Sometimes, breaches happen because of misunderstanding, genuine confusion, or unforeseen circumstances,” Melody says. “Our first step is always to assess the situation — to see whether a clear, written reminder or lawyer-to-lawyer correspondence can resolve it without escalating conflict.”

Consequences of Non-Compliance

Consequences depend on the severity of the breach and the intent behind it.

For parenting orders, the Court can:

• Vary the existing parenting arrangements

• Order compensatory time with the children

• Order payment of legal costs

• In serious or repeated breaches, impose fines or even order you to a sentence of imprisonment

For property orders, the Court can:

• Enforce transfers or sales directly through a Registrar at the Court

• Order payment of money owed

• Appoint a person to sign documents on behalf of a non-compliant party

• Impose costs or penalties for deliberate obstruction

“The law recognises that court orders must mean something,” Melody explains. “If someone refuses to comply, the Court can and will step in.”

If that doesn’t work, enforcement may be necessary.
“Where there is clear, ongoing non-compliance, the Court has powers to make the other party comply, compensate the affected person, or vary the orders to prevent future breaches.”

Staying Calm and Strategic

Melody emphasises the importance of measured action.
“It’s natural to feel angry or upset when someone doesn’t comply,” she says. “But enforcement applications are most effective when they’re supported by clear evidence and calm, factual presentation — not emotion.”

At Wallen Family Law, her team helps clients gather the right material, including records of missed time, correspondence, or non-performance, so the Court can see the full picture.

Quick Answers

What can I do if my ex isn’t following court orders?
Start by documenting each breach. Then seek advice — a formal letter or mediation may resolve the issue before you need to go back to court.

What if the breach is serious or repeated?
You may need to file an Enforcement or Contravention Application. The Court can impose penalties or change the orders.

Can I withhold the children in response?
No. Breaching orders yourself can damage your position. Always seek legal advice first.

Can the Court force someone to sign property documents?
Yes. The Court can authorise a Registrar to sign on their behalf and even enforce sales or transfers directly.

Will the other person be punished?
The focus is usually on compliance, not punishment — but the Court can issue fines, costs orders or other sanctions if necessary.

From Melody

“Enforcement is about restoring fairness, not creating more conflict. We help our clients respond strategically — calmly, firmly, and with purpose. The law provides clear pathways to ensure orders are respected, and our role is to guide you through those steps with clarity and confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Act Early for the Best Outcome
with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Many people hesitate to take the first legal step after separation — often hoping things will settle on their own. While that instinct comes from a good place, waiting too long can sometimes make matters more complicated and expensive to resolve later.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says delays are one of the most common issues she sees. “People often wait until communication has completely broken down or finances have become a total mess,” she explains. “By that point, it can be much harder to find a calm, negotiated solution.”

Why Acting Early Matters

In both parenting and property matters, time can significantly affect your legal position.

“In parenting cases, delay can impact the stability of arrangements or the child’s relationship with a parent,” Melody says. “The Court often looks at what has become the child’s routine — so if an informal arrangement has been in place for many months, it may be harder to change later.”

In property matters, values can change, debts can increase, and one party may make financial decisions such as spending or wasting joint savings that affect the asset pool. “You don’t want to lose sight of what existed at separation,” Melody notes. “The earlier we identify the asset pool and start negotiations, the more control both parties retain.”

Deadlines and Legal Time Limits

Family law also contains strict time limits that can bar your claim altogether.

For married couples, you have 12 months from the date your divorce becomes final to commence property or spousal maintenance proceedings.

For de facto couples, you have two years from the date of separation.

“If those deadlines are missed, you need special permission from the Court to proceed, and that’s not always granted,” Melody explains. “It’s much better to act before those timeframes expire.”

The Emotional and Financial Cost of Waiting

Delays don’t just affect legal outcomes — they take a toll emotionally and financially.

“When issues are left unresolved, tension and uncertainty build,” Melody says. “That can impact children, affect mental health, and prolong financial stress. Early advice helps people understand their rights, responsibilities, and options — even if they’re not ready to make big decisions yet.”

Taking early steps doesn’t mean rushing into conflict. “It’s about getting clarity so you can make informed choices,” she adds. “Often, that clarity actually prevents disputes from escalating.”

A Clear Path Forward

At Wallen Family Law, Melody and her team encourage clients to seek guidance as soon as separation becomes likely — not just after it happens.

“Our process is built to bring calm and structure to what feels overwhelming,” she says. “From an initial fixed-fee consultation, we can map out the stages ahead — whether that means negotiation, mediation, or preparing documentation. The goal is to help you move forward with confidence and avoid unnecessary delay.”

Quick Answers

Why is delay a problem in family law?
Because it can change the status quo in parenting matters and alter the asset pool in property cases, making resolution harder.

What are the time limits to start a property claim?
For married couples, 12 months after divorce. For de facto couples, two years from separation.

Can the Court extend those limits?
Sometimes, but only if you can show hardship or exceptional circumstances. It’s not guaranteed.

Does getting early legal advice mean I have to go to Court?
No. Early advice is about understanding your position so you can reach an agreement sooner and avoid litigation.

What if we’re still working things out?
That’s fine — you can still get advice to understand your options and protect your interests while you do.

From Melody

“Acting early doesn’t mean starting a fight — it means creating clarity. The sooner you understand your position, the more options you have. Family law is easiest to navigate when you deal with issues proactively, not reactively.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When parents share parental responsibility, both must usually agree before a passport can be issued for their child. But what happens if one parent refuses to sign — or you’re worried about your child being taken overseas without your consent?

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a more common issue than many people realise. “It often arises when one parent wants to travel overseas for a family event, while the other has safety concerns or feels excluded from the decision,” she explains.

The Law Around Passports and Consent

Under Australian law, both parents who have decision making responsibility must give written consent for a child’s passport to be issued.

“If one parent refuses or can’t be located, you can apply to the Federal Circuit and Family Court of Australia for orders allowing the passport to be issued without their signature,” Melody says. “The Court has power to authorise one parent to proceed in the absence of consent.”

The Court will only make such orders if it’s satisfied that travel is in the child’s best interests and that appropriate safeguards are in place.

When the Court Can Step In

“The Court can make orders for the passport to be issued and to allow the child to travel — or, conversely, to prevent a child from leaving Australia if there’s a risk they won’t be returned,” Melody explains.

If one parent refuses consent without a valid reason, the Court will weigh factors such as:

• The purpose of travel and duration of time overseas

• Whether the trip supports the child’s family relationships or cultural ties

• Any risks of non-return or abduction

• The child’s best interests, safety and emotional wellbeing

“Where travel is genuinely for a family event or holiday, the Court will often approve it, provided return arrangements are clear,” Melody notes.

Watchlist (Airport) Orders

If there’s a genuine concern that a parent may attempt to take a child out of Australia without consent, the Court can make a Family Law Watchlist Order (formerly known as an Airport Watchlist Order).

“This is a protective measure,” Melody explains. “It prevents a child’ from departing Australia through any airport or seaport while the order is in force.”

The Watchlist is maintained by the Australian Federal Police and can be applied for urgently, even before other proceedings are finalised.

“It’s particularly useful where there’s a risk of international relocation or a fear the other parent may not return the child,” she adds.

Practical Steps if Consent Is Refused

Melody advises parents to act early if consent issues arise.

1. Communicate clearly: Try to provide all relevant travel details — dates, destinations, accommodation, and contact information.

2. Document everything: Keep written records of requests and responses.

3. Seek legal advice: Early guidance can help determine whether negotiation, mediation, or a court application is needed.

4. Apply to Court if necessary: The Court can make orders authorising passport issue, permitting travel, or placing the child on the Watchlist.

“Taking calm, informed steps protects both your child and your peace of mind,” Melody says. “It’s about safety and clarity, not conflict.”

Quick Answers

Can one parent apply for a passport without the other’s consent?
Not usually. Both parents must sign, unless the Court authorises otherwise.

What if the other parent refuses to sign?
You can apply to the Court for an order allowing the passport to be issued without their signature.

What if I’m worried my child will be taken overseas?
You can apply for a Watchlist Order to prevent your child from leaving Australia.

Can Watchlist Orders be urgent?
Yes. The Court can make urgent Watchlist Orders, and the Australian Federal Police will act immediately once notified.

Does a passport order mean travel is automatic?
No. The Court still considers the child’s best interests, return arrangements, and any safety concerns before granting travel permission.

From Melody

“Disagreements about passports and travel can be emotional, but they can also be resolved calmly with the right legal steps. Whether you need permission to travel or protection against unauthorised travel, we can help you obtain clear and enforceable orders — including Watchlist protection if needed.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

How We Take Control and Our Experience Dealing with These Types of Ex-Partners

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Separation from a partner who displays traits of narcissism or coercive control can be one of the most challenging situations in family law.

These matters often involve power imbalances, manipulation, or emotional and financial control — and require a steady, strategic legal approach.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says these dynamics are more common than people realise.
“Clients often come to us feeling exhausted, intimidated, or doubting their own reality,” she explains. “Our role is to help them regain control — both legally and emotionally — by putting structure, boundaries and protection in place.”

Understanding Coercive Control

Coercive control refers to a pattern of behaviour designed to dominate or isolate another person.

It can include:

• Monitoring communications or finances

• Controlling social contact or movement

• Intimidation, threats, or persistent criticism

• Withholding money, affection, or access to children

• Manipulating legal or court processes to maintain control

“In family law, this behaviour often continues after separation,” Melody says. “That’s why it’s essential to have a lawyer who understands these patterns — so we can identify them early and protect you from further harm.”

Our Approach to High-Conflict Personalities

At Wallen Family Law, Melody and her team use calm, evidence-based strategies to manage matters involving narcissistic or controlling ex-partners.

“We don’t engage in their chaos,” she says. “We create a plan that reduces their opportunities for control. That might mean using written communication only, setting clear timelines for responses, and ensuring court orders leave no room for ambiguity.”

Their process focuses on reducing emotional triggers while keeping progress steady.
“Our table is round,” Melody explains. “That means we bring calm and structure to situations that feel unpredictable. Every step we take is intentional — designed to protect you, reduce risk, and move things forward.”

Protecting Yourself Legally and Practically

Melody emphasises that these cases often need layered protection — both through the family law system and, where necessary, through domestic violence orders.

“If there are patterns of intimidation, stalking, or threats, we can help you apply for an Apprehended Domestic Violence Order (ADVO) or equivalent protection,” she explains. “At the same time, we structure your family law matter — whether parenting or property — so that your ex’s opportunities for ongoing manipulation are limited.”

This might include:

• Orders for communication to occur only in writing or through parenting apps

• Clearly defined parenting arrangements and changeover procedures

• Financial settlements that reduce dependence or shared control

• Protective mechanisms such as Watchlist orders or injunctions where needed

How We Support You Through the Process

“These clients need more than just legal documents — they need clarity and a steady advocate,” Melody says.
Her team works closely with counsellors, psychologists, and financial advisors to support clients through the emotional and practical impacts of separation from a coercive or narcissistic partner.

“Our role is to take the emotion out of their tactics,” she adds. “We focus on facts, patterns, and evidence — not arguments. When your ex thrives on reaction, the most powerful response is calm progress.”

Quick Answers

What is coercive control?
A repeated pattern of behaviour that isolates, intimidates, or dominates another person — emotionally, financially, or psychologically.

Can I get legal protection from coercive behaviour?
Yes. You can apply for an ADVO or equivalent, and your lawyer can seek specific orders in parenting or property proceedings to protect your safety.

How does Wallen Family Law handle narcissistic ex-partners?
By using clear communication boundaries, firm procedures, and strategic planning to remove opportunities for manipulation.

Can mediation still work in these cases?
Sometimes — but only with appropriate safeguards. In high-control cases, we often recommend shuttle mediation or lawyer-assisted negotiation to ensure your safety and balance of power.

What’s the most important first step?
Seek advice early. The right legal framework protects your safety, stabilises communication, and limits further emotional harm.

From Melody

“When you’ve lived with coercive control or a narcissistic partner, separation can feel like another battlefield. Our job is to calm the noise, protect your safety, and create a structured path forward. We help you regain control — legally, emotionally, and practically — so you can rebuild your life with confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

How the Court Finds the Truth

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Few things are more distressing than seeing untrue statements about you in family law proceedings.
Whether it’s an exaggerated affidavit, false allegation, or selective version of events, it can feel deeply unfair — especially when your integrity is questioned.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a concern raised in almost every high-conflict matter.

“It’s confronting when someone you once trusted is telling a completely different story in their court material,” she says. “But the important thing to remember is that the Court has well-established processes for testing the truth.”

How the Court Tests Evidence

In family law, the Court doesn’t accept every claim at face value. Judges make decisions based on evidence, not emotion.

“The Court looks for corroboration — that means supporting material, consistency across documents, and whether a person’s account holds up under cross-examination,” Melody explains. “If something doesn’t add up, it will usually come to light.”

Evidence may include:

• Independent documents such as school records, financial statements or text messages

• Reports from experts (for example, psychologists, family consultants, or property valuers)

• Testimony from third parties

• Objective timelines or factual inconsistencies

“Experienced judges see thousands of cases,” Melody adds. “They are very good at identifying patterns of exaggeration, manipulation or deceit.”

Staying Credible Is Your Best Strategy

When facing dishonest claims, the natural response is to want to fight fire with fire — but Melody says this is rarely effective.

“The most powerful thing you can do is stay calm and credible,” she explains. “The Court values consistency, honesty and measured responses. If your evidence is clear, factual, and supported by documentation, it speaks for itself.”

At Wallen Family Law, the team helps clients present their material in a way that demonstrates reliability and transparency.

“That includes checking your affidavit for accuracy, cross-referencing timelines, and ensuring your story is supported by independent evidence,” Melody says. “You don’t need to shout to be believed — you just need to be precise.”

Addressing False Allegations

False or exaggerated allegations can have serious consequences, particularly in parenting matters.
“The Court is alert to the possibility of false claims used as leverage,” Melody says. “But it also takes most allegations seriously until tested.”

This is why proper evidence — rather than emotional reaction — is key.

“We help clients gather and present information systematically, so the truth is revealed through the process,” she adds. “If necessary, we can also request subpoenas or expert reports to verify key details.”

Perjury and Misleading the Court

Making deliberately false statements under oath is a serious offence known as perjury. While prosecutions are rare, the Court can and does draw adverse inferences about a person’s credibility.

“If a party is caught lying, their entire case can be undermined,” Melody explains. “A judge who finds a witness unreliable may discount their evidence entirely. Credibility is everything in family law.”

Quick Answers

What happens if my ex lies in their affidavit?
The Court will assess all evidence and look for inconsistencies. False claims often unravel under questioning or when compared to documents.

Can I prove they’re lying?
Yes — through evidence, cross-examination, and documentation that contradicts their version of events.

Will the Court punish them for lying?
Possibly. The Court can issue cost orders, draw negative inferences, or in extreme cases refer the matter for perjury investigation.

What should I do if I’m accused unfairly?
Stay calm and focus on presenting the truth. Gather documentation, avoid emotional responses, and let your lawyer handle the legal rebuttal.

How do I protect my credibility?
Be completely honest in all your material — even about details that don’t favour you. Judges value transparency and consistency above all.

From Melody

“When someone lies in family court, it feels personal — but the process is designed to uncover the truth. Our role is to keep you steady, focus on the evidence, and ensure your story is presented clearly and credibly. In the end, facts carry more weight than emotion.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When relationships end, many fathers worry that the system is stacked against them. It’s a concern Melody van der Wallen, Principal Lawyer at Wallen Family Law, hears often.

“Fathers come to us feeling like they’ve already lost before they’ve begun,” she explains. “They’ve heard stories from friends or online about dads being pushed aside, and they just want to know if they’ll get a fair go.”

The truth, she says, is that family law in Australia is not about mothers’ rights or fathers’ rights — it’s about the best interests of the child. “That’s the core principle. And helping fathers means helping them demonstrate that their involvement is vital to their children’s wellbeing.”

The Law Is Gender-Neutral

The Family Law Act 1975 (Cth) does not presume that mothers are better carers or that children should live primarily with a Mother.

“The Court looks at two primary considerations: the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from harm,” Melody says. “Both matter — and the Court balances them carefully.”

She adds that the law recognises fathers as equally capable parents. “The challenge is not the law itself — it’s navigating perception, evidence and communication in a way that supports your case.”

How We Support Fathers Step-by-Step

Wallen Family Law provides strategic, structured support to help fathers protect their relationship with their children and reach practical, long-term arrangements.

1. Early advice and clear goals

“We start by understanding your current relationship with your children, your work and living arrangements, and what’s realistic,” Melody says. “We then map out a step-by-step strategy to reach that outcome.”

2. Child-focused proposals

Fathers often gain strength in their case by focusing on what benefits the children, not what punishes the other parent. “When proposals show that dad is reliable, consistent and supportive of the child’s relationship with both parents, the Court takes that seriously.”

3. Managing communication and conflict

Melody’s team helps clients communicate effectively with their ex-partner — often through parenting apps or structured correspondence — to avoid misunderstandings or escalation.

4. Preparing strong evidence

“We help you gather the right material — school involvement, daily routines, messages, and examples of stability,” Melody explains. “Judges value practical evidence over emotion.”

When False Allegations Arise

In some cases, fathers face false or exaggerated allegations that affect their time with their children.

“It’s devastating, but not uncommon,” Melody says. “Our role is to respond calmly and strategically — ensuring that evidence, expert reports, and cross-references expose inconsistencies without inflaming conflict.”

She adds that judges are highly experienced in identifying manipulation or hostility. “Credibility and patience win these cases — not aggression.”

Beyond Court: Resolution and Rebuilding

Many of Wallen Family Law’s father clients reach resolution without ever going to trial.

“Through negotiation, mediation or Consent Orders, we help dads secure stable, sustainable parenting arrangements,” Melody explains. “And where litigation is necessary, we’re fully prepared to advocate firmly and respectfully in court.”

For Melody and her team, helping fathers is about long-term stability — not just winning orders. “We want our clients to walk out not only with clarity, but also with a co-parenting structure that actually works for their children.”

Quick Answers

Does the law favour mothers?
No. The Family Law Act is gender-neutral. The Court focuses on what is in the best interests of the child.

Can fathers get equal time?
Sometimes, yes — but only where it’s practical and in the child’s best interests. It depends on factors like distance, work schedules and communication.

What if the mother won’t agree to time?
You can apply to the Court for parenting orders. The Court will assess the situation objectively and can order regular time or shared care.

What if there are false allegations?
Stay calm and provide clear, factual evidence. Your lawyer can help you respond strategically and demonstrate your reliability.

Can mediation work for fathers?
Yes — especially when approached with a child-focused mindset and clear proposals.

From Melody

“Fathers play a vital role in their children’s lives, and the law recognises that. Our job is to help dads navigate the system with clarity, evidence and confidence — so they can maintain or rebuild stable, loving relationships with their children.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Many people wait until after they’ve separated to speak with a lawyer — but getting legal advice beforehand can often save enormous stress, time, and cost later.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says early advice helps clients make informed choices from the start. “You don’t have to be ready to separate to benefit from legal advice,” she explains. “Sometimes that first conversation is simply about understanding your rights, your options, and what the road ahead could look like.”

When emotions are running high, having clarity about what’s legally possible can bring calm to an otherwise uncertain situation. “Once people know their legal position, they can make decisions with confidence instead of fear,” Melody adds.

Avoiding Common Mistakes

Acting on impulse — moving out, transferring money, or changing arrangements with the children — can have lasting consequences.

“We often see clients who’ve already made big changes before getting advice, and unfortunately it limits their options later,” Melody says. “A short consultation early on can prevent long-term complications.”

Early advice helps you understand how the law treats property, finances and parenting responsibilities. It can guide how to manage joint accounts, preserve evidence, or approach conversations with your former partner in a way that won’t harm your position.

Planning Financially and Emotionally

Separation involves both practical and emotional steps. Melody explains that being prepared financially makes a huge difference.

“Before separation, you can start thinking about budgets, housing, and what your new household might look like,” she says. “That preparation gives you control, rather than reacting to decisions someone else has already made.”

Wallen Family Law offers clients structured, confidential consultations — including fixed-fee options — to help map out a safe and realistic plan before separation occurs.

“We take the pressure off,” Melody says. “It’s not about pushing you to separate — it’s about helping you understand what’s ahead, so you can take the next step when you’re ready.”

Parenting Considerations

For parents, early legal advice helps ensure arrangements support the children’s best interests from day one.

“If one parent leaves suddenly with the children or changes access without agreement, it can create unnecessary conflict,” Melody explains. “Having advice early means you can manage those transitions carefully, so the focus stays on the children’s wellbeing.”

Quick Answers

Why should I get advice before separating?
Because it helps you understand your rights, options and responsibilities before any decisions are made that could impact your legal position.

Does getting advice mean I have to leave my partner?
No. You can get confidential advice at any stage, even if you’re unsure what you want to do next.

What will a lawyer tell me before separation?
We’ll explain your likely entitlements, how property and parenting laws work, and the steps to protect yourself financially and emotionally.

Can I prepare for separation without starting a legal fight?
Yes. Early legal advice is about clarity and calm — not confrontation. It helps you avoid unnecessary disputes later.

What should I bring to my first appointment?

Any relevant financial documents, notes about your situation, and questions you want answered. Even basic details help shape clear next steps.

From Melody

“Separation is never easy, but being informed makes all the difference. Getting advice early doesn’t end a relationship — it empowers you to make decisions safely and confidently.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When couples separate, reaching an agreement can feel overwhelming — especially when emotions are high or communication has broken down.

Family law mediation offers a structured, private and cost-effective way to resolve parenting and property disputes without going to court.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says mediation is often the most productive first step. “It gives both people a voice and helps them shape their own outcome,” she explains. “That’s almost always better than having a judge make decisions for you.”

What Is Family Law Mediation?

Mediation is a voluntary process where an independent and accredited mediator helps the parties discuss their issues and reach agreement.

The mediator doesn’t take sides or make decisions. Their role is to facilitate calm, productive communication and guide the discussion toward practical solutions.

“Think of it as a structured conversation with a neutral person keeping it fair and focused,” Melody says. “You’re still in control of the outcome.”

How the Process Works

Each party attends the mediation — often with their lawyer — and talks through key issues such as parenting arrangements, property division or financial matters.

The mediator sets ground rules for respectful dialogue and ensures each person has an opportunity to speak.

Agreements reached in mediation can then be made legally binding through Consent Orders or a Binding Financial Agreement.

“We help our clients prepare thoroughly before mediation,” Melody explains. “That includes clarifying goals, gathering documents and planning how to communicate effectively. Preparation is what makes the difference”.

When Mediation Is Required

In most parenting cases, mediation is a legal requirement before applying to the Federal Circuit and Family Court of Australia.

This step is known as Family Dispute Resolution (FDR). After attending FDR, the practitioner issues a Section 60I Certificate, confirming whether an attempt was made to resolve the matter.

“It’s not just a procedural box-tick,” Melody says. “It’s often the best opportunity to reach an outcome quickly and without the cost or stress of litigation.”

Benefits of Mediation

• Faster and less expensive than court proceedings

• Confidential and private

• Keeps decision-making in your hands

• Reduces conflict and preserves co-parenting relationships

• Encourages creative, tailored solutions

“When people reach an agreement through mediation, they’re far more likely to stick to it,” Melody explains. “That’s because it’s their agreement — not something imposed on them.”

When Mediation May Not Be Suitable

Mediation may not be appropriate in cases involving family violence, coercive control, or significant power imbalances.

In those situations, other processes such as lawyer-assisted negotiation, or court intervention may be safer and more effective.

“Our role is to assess which path gives our clients the best balance of safety, fairness and progress,” Melody says. “Mediation works beautifully when it’s used in the right circumstances.”

Quick Answers

What is family law mediation?
A voluntary, confidential process where a neutral mediator helps separating couples resolve disputes without going to court.

Is mediation the same as counselling?
No. Counselling focuses on emotional issues. Mediation focuses on practical solutions to legal and parenting matters.

Do I need a lawyer at mediation?
It’s not mandatory, but highly recommended. Your lawyer can help you prepare, keep discussions on track and formalise any agreement reached.

What if we can’t agree at mediation?
You’ll receive a Section 60I Certificate (in parenting cases), allowing you to apply to the Court if needed.

Can property matters also be mediated?
Yes. Mediation works for both parenting and financial matters and can save months of legal fees compared to litigation.

Do I have to be in the same room as my ex?
No. We conducted the majority of our mediations as a “shuttle mediation”. This means, the mediator moves between two rooms to facilitate the exchange of proposals.

From Melody

“Mediation gives people a chance to resolve conflict with dignity. It’s calm, private and empowering — and with the right preparation, it can turn a difficult separation into a manageable process.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Reaching an agreement after separation is a huge step forward — but until it’s made legally binding, it may not be enforceable.

Many people don’t realise that informal or verbal agreements can fall apart later, even after months of cooperation.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is one of the most common issues she sees. “People often tell me they’ve agreed on everything, and that’s great — but if it’s not formalised properly, either person can change their mind at any time,” she explains.

Why Formalising Matters

Formalising your agreement ensures it is recognised and enforceable under the Family Law Act 1975 (Cth).

It provides clarity, protects both parties, and prevents future disputes about what was said or promised.

“Even the most amicable separations can go off track if the agreement isn’t properly documented,” Melody says. “Once it’s formalised, you both have certainty and closure.”

Two Main Ways to Formalise an Agreement

In family law, agreements can be made binding in two main ways — through Consent Orders or a Binding Financial Agreement (BFA).

“They both make the outcome legally enforceable,” Melody explains, “but they’re used slightly differently.”

Consent Orders are approved by the Federal Circuit and Family Court of Australia. They can cover both parenting and property arrangements.

Once approved, they have the same legal effect as if a judge made the orders after a hearing — but without going to court.

Binding Financial Agreements are private contracts that can deal with property division or spousal maintenance.

Each person must have independent legal advice for a BFA to be valid. “If that advice isn’t properly documented, the agreement won’t hold up,” Melody notes.

Parenting Agreements vs Parenting Orders

Parents can record arrangements in a Parenting Plan or apply for Parenting Orders by consent.

A Parenting Plan is flexible but not legally enforceable. Parenting Orders are binding and can be enforced if one parent doesn’t comply.

“If you want security and accountability, formal orders are the safer option,” Melody says. “They protect both parents and the children by removing uncertainty.”

What Happens if You Don’t Formalise It?

Without formal Consent Orders or a Binding Financial Agreement, your arrangement is only based on goodwill.

Either party could later bring a claim seeking a different division of assets subject to time limits or a change in parenting time.

“It’s heartbreaking when someone assumes everything is settled, only to be served with new proceedings years later,” Melody says. “Formalising the agreement prevents that from happening.”

Quick Answers

What’s the difference between Consent Orders and a Binding Financial Agreement?
Consent Orders are approved by the Court and can include parenting and property matters. A Binding Financial Agreement is a private contract covering financial issues only.

Do we both need lawyers?
For Consent Orders, it’s not mandatory — but strongly recommended. For a Binding Financial Agreement, both parties must have independent legal advice.

Can we apply for Consent Orders ourselves?
Yes, but most people use a lawyer to ensure the documents meet all legal requirements and won’t be rejected by the Court.

Are Parenting Plans enforceable?
No. They’re useful as a guide but can’t be enforced by the Court. Parenting Orders, however, are binding.

Why should we formalise if we already agree?
Because circumstances change. Formalisation gives you protection, clarity and closure — ensuring your agreement stands the test of time.

From Melody

“Reaching agreement is a positive step — but formalising it is what gives you peace of mind. It transforms goodwill into legal security, protecting both you and your family for the future.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Relocation is one of the most complex and emotionally charged issues in family law.

When one parent wants to move — whether it’s a few hours away or interstate — it can have a profound impact on parenting arrangements and the child’s relationship with both parents.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says relocation cases are among the most difficult the courts deal with. “The Court understands that parents want a fresh start or new opportunities,” she explains. “But its first priority is always the child’s best interests — and that usually means preserving meaningful relationships with both parents.”

What Counts as a Relocation?

Relocation simply means moving a child’s primary home to a new location that makes it significantly harder for them to spend time with the other parent.

That could mean moving interstate, overseas, or even to another town if it affects travel time and ongoing care arrangements.

“We often see parents assume that moving within the same state is fine,” Melody says. “But even a few hours’ distance can disrupt routines and make shared care impractical.”

Do You Need the Other Parent’s Consent?

If there are existing parenting orders, or if both parents share decision making, one parent cannot unilaterally relocate with the child.

“You must have the other parent’s written consent or a court order permitting the move,” Melody explains. “If you relocate without permission, the Court can order you to return the child.”

This applies even if the move is for genuine reasons — such as employment, family support, or better housing.

How the Court Decides Relocation Cases

When parents can’t agree, the Court considers the proposed move based on the child’s best interests — the same test applied in all parenting matters.

Judges look at:

• The likely effect of the move on the child’s relationship with each parent

• The practicalities and costs of travel

• The child’s age, maturity and emotional needs

• The reasons for the proposed relocation

• The feasibility of maintaining regular contact with the non-relocating parent

“The Court doesn’t automatically say no,” Melody explains. “But it must be satisfied that the benefits of the move outweigh the loss of regular time with the other parent.”

Act Before You Move

Melody stresses that parents should seek legal advice before making any relocation plans.

“Once you’ve moved, it’s much harder to undo the situation,” she says. “The Court can order you to return on an interim basis while proceedings are underway. Acting first and asking later can seriously damage your case.”

Early advice helps parents assess options such as negotiation, mediation or applying for court orders before making any permanent change.

“We help clients prepare evidence about employment, housing, schooling, and how the child’s relationship with both parents will be maintained,” Melody explains. “Preparation and transparency are key.”

What if You’re Opposing a Move?

If you’ve been told your co-parent intends to relocate, it’s important to act quickly.

“The Court can issue urgent Orders to prevent a child being removed from their current location — or from Australia entirely — until the matter is decided,” Melody says. “That’s why time really matters.”

These orders can also include Watchlist Orders, preventing a child from being taken overseas without the Court’s permission.

Quick Answers

Do I need permission to move with my child?
Yes. If you share decision making, you must have the other parent’s consent or a court order before relocating.

What if I move without consent?
The Court can order you to return the child. Acting first and asking later is risky and can harm your case.

How does the Court decide relocation cases?
By focusing on the child’s best interests, considering how their relationship with the other parent will be maintained, practical travel issues, and the reasons for the move.

Can I stop my ex from taking our child overseas?
Yes. You can apply for a Watchlist Order to prevent the child from leaving Australia.

Should I get advice before making plans?
Absolutely. Legal advice before you move helps you understand your options and protects you from breaching court orders.

From Melody

“Relocation cases are about balancing opportunity with stability. Before you move — or if your ex plans to — get clear legal advice. The right preparation can mean the difference between resolution and regret.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Issues involving drug or alcohol use can be confronting for parents going through separation.

Many worry that admitting to having a problem will mean losing contact with their children altogether — but that’s not always the case.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says these matters are sensitive and complex. “The Court’s main concern is always the safety and wellbeing of the child,” she explains. “But that doesn’t mean a parent with a history of drug or alcohol issues can’t have a meaningful relationship with their children.”

What the Court Looks At

In any parenting case, the Court’s focus is on the child’s best interests.

That includes the need for safety, stability and emotional security — but also the benefit of having a meaningful relationship with both parents wherever possible.

“If a parent has struggled with substance use, the Court looks at whether the issue is current, whether steps have been taken to address it, and what safeguards can be put in place,” Melody explains.

The goal is not to punish a parent but to protect the child. “The Court wants to see insight, honesty and change,” she adds. “Parents who acknowledge the issue and show they’re working on it are treated very differently from those who deny or minimise it.”

Supervised or Supported Time

Where there are ongoing concerns, the Court can order supervised time to ensure the child’s safety while maintaining the parent–child relationship.

Supervision may be provided by a relative, a trusted third party, or a professional service such as a contact centre.

“It’s a way to preserve connection while giving everyone confidence the child is safe,” Melody explains. “Over time, as stability and trust rebuild, time can often increase or move to unsupervised visits.”

These arrangements are often reviewed as the parent demonstrates consistent recovery and reliability.

Evidence and Support Matter

Melody emphasises that practical evidence can make a real difference in these cases.

“If you’re attending counselling, rehabilitation, or testing clean, that documentation is incredibly valuable,” she says. “It shows accountability and commitment to being the best parent you can be.”

The Court may also order drug and alcohol testing to help monitor progress.

“It’s not unusual for parents to have to undergo random testing at first,” Melody adds. “That’s not a punishment — it’s reassurance that helps rebuild trust.”

The Importance of Early Legal Advice

If you’re dealing with substance use concerns, it’s important to get legal advice early.

“We can help you put safeguards in place before court proceedings even begin,” Melody explains. “That might include voluntary testing, letters of support, or evidence from treatment providers — things that demonstrate stability and insight.”

Wallen Family Law often works alongside rehabilitation counsellors, psychologists and family therapists to create a plan that balances safety with maintaining meaningful relationships.

“It’s about showing the Court that you’re taking responsibility, not giving up,” Melody says. “Progress, honesty and consistency count for a lot.”

Quick Answers

Can I still see my children if I’ve used drugs or alcohol in the past?
Yes, in most cases. The Court focuses on safety, insight and whether the issue is being managed responsibly.

Will the Court take away my children automatically?
No. The Court rarely removes children unless there’s a serious, ongoing risk to their wellbeing.

What can I do to show I’m taking it seriously?
Engage with treatment, attend counselling, undergo voluntary testing, and be open about your progress. Documentation helps.

Will my time be supervised?
Possibly at first. Supervised time is common in early stages of recovery and can later transition to unsupervised time as trust rebuilds.

Should I get legal advice before going to court?
Absolutely. Early advice helps you prepare evidence and show the Court you’re being proactive and responsible.

From Melody

“Having a history of drug or alcohol issues doesn’t make you a bad parent — it makes you human. What matters is how you respond, the steps you take to change, and your ongoing commitment to your children’s safety and stability.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When parents separate, one of the most common questions is how much weight the Court gives to what the child wants.

Many parents worry that their child will be forced to choose sides — or that the other parent might influence what they say.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says it’s a delicate balance. “The Court listens to children, but it doesn’t place the entire decision on their shoulders,” she explains. “Children’s views are important, but they’re only one of many factors the Court considers.”

How Children’s Views Are Heard

Children don’t give evidence directly in family law proceedings, and they aren’t expected to appear in court.

Instead, their views are usually gathered through a Family Report prepared by a court-appointed family consultant, or through an Independent Children’s Lawyer (ICL) if one has been appointed.

“The family consultant meets with both parents and the children to understand what’s happening in their lives,” Melody explains. “They then provide a report to the Court about the child’s relationships, their expressed wishes, and what arrangements appear to be in their best interests.”

These reports are a key source of independent insight, giving children a safe space to express their feelings without pressure or judgment.

Age and Maturity Matter

The weight given to a child’s wishes depends largely on their age, maturity and understanding.

“A 15-year-old’s views will naturally carry more weight than a five-year-old’s,” Melody says. “But even younger children can express meaningful insights — like wanting stability or consistency.”

The Court recognises that children’s preferences can also change over time. “Judges are careful to look at the context behind what a child says,” Melody adds. “Sometimes children express what they think will please one parent, or what feels easier emotionally at the time.”

Balancing Wishes with Best Interests

While children’s views are important, they’re not the deciding factor. The Court must ultimately make orders based on what is in the child’s best interests overall.

That includes considerations such as safety, emotional wellbeing, parental capacity, and the benefit of maintaining relationships with both parents.

“The Court looks at the whole picture,” Melody explains. “It asks: what arrangement best supports this child’s stability and development — not just what they say they want in the moment.”

In some cases, the Court may order gradual changes to reflect a child’s growing maturity, ensuring they’re supported rather than burdened by decision-making.

Helping Children Express Their Views Safely

Melody emphasises that children should never be placed in the middle of parental conflict.

“It’s really important that parents don’t question children directly about their preferences,” she says. “That puts them in an impossible position. The right way is through independent professionals who can interpret what’s said in context.”

Wallen Family Law often works with psychologists, child consultants and family therapists to help ensure children are heard in an appropriate and supported way.

“When handled well, children feel seen and respected without carrying the weight of adult decisions,” Melody explains.

Quick Answers

Does the Court ask my child who they want to live with?
No. Children don’t give evidence directly. Their views are gathered through a Family Report or Independent Children’s Lawyer.

At what age can a child decide where they want to live?
There’s no set age. The Court considers maturity and understanding, not just age. Older teenagers’ wishes are given greater weight.

Will the Court follow what my child says?
Not automatically. The Court considers their views alongside all other factors affecting their best interests.

Can I tell the Court what my child wants?
You can share your understanding, but independent professionals must speak to the child directly. Parents shouldn’t influence or coach their children.

How can my child’s voice be heard safely?
Through a Family Report, child consultant, or Independent Children’s Lawyer — professionals trained to listen neutrally and respectfully.

From Melody

“Children’s voices matter, but so does their protection from adult conflict. The Court’s job — and ours — is to make sure they’re heard safely, respectfully, and always with their best interests at heart.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law