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