When parents separate, one of the most important and sensitive issues to resolve is the care of their children. In Australia, child custody mediation is often the first step before going to court. But do you know what to expect in child custody mediation, and how can you make sure your child’s best interests are protected?

Mediation is a structured, confidential process where both parents work with a neutral third party, a mediator, to reach agreements about parenting arrangements. It is less adversarial than the court and encourages cooperation, aiming to keep decisions about children in the hands of parents rather than judges.

Learn how our experienced family law team at Johnsons Law Group can help you navigate custody mediation with confidence, ensuring you’re fully prepared and focused on outcomes that support your child’s wellbeing. Keep reading to find out more.

Quick Overview: What to Expect in Child Custody Mediation

Mediation is a mandatory step in most parenting disputes before going to the Family Court. During this process, a neutral mediator helps both parents explore and negotiate child-focused solutions.

The process is confidential, voluntary and aims to reduce conflict. if successful, the outcome is a parenting plan or consent orders. Legal support is strongly recommended to prepare effectively.

Why Choose Mediation Before Going to Court?

In most cases, Australian family law requires parents to attempt family dispute resolution (FDR), a form of mediation, before they can apply to the court for parenting orders.

Key Benefits Include:

• Reduced stress compared to court
• Lower legal costs
• Faster outcomes
• Greater control over decisions
• Focus on the child’s best interests

Only in cases involving family violence, abuse or urgency can parties skip this step and proceed directly to court.

Your Step-by-Step Guide to Child Custody Mediation

Here’s a detailed example of the child custody mediation process:

1. Initial Assessment or Intake Session

Before mediation begins, each parent meets separately with the mediator to discuss:

• Their concerns
• The issues they wish to resolve
• Safety risks or family violence history

The mediator determines whether the matter is suitable for mediation.

2. Mediation Sessions Begin

If mediation proceeds, both parents come together (physically or virtually) to:

• Identify key parenting issues (e.g., living arrangements, school, holidays)
• Share views and proposals
• Work through disagreements with the mediator’s guidance

Some mediations are done in shuttle format, where parents are in separate rooms and the mediator moves between them.

3. Reaching an Agreement

If an agreement is reached, the mediator may:

• Help draft a Parenting Plan
• Suggest the parties seek legal advice to convert the plan into Consent Orders (legally binding)

4. If Mediation Fails

If no agreement is reached, the mediator issues a Section 60I certificate, which allows either party to file an application in the Family Court.

What Issues Are Discussed in Custody Mediation?

Mediation focuses on child-related matters, including:

• Living arrangements: Who the child will live with and how often they’ll see the other parent
• Decision-making responsibilities: Education, health, religion and other long-term issues
• Holiday and special occasion schedules
• Communication methods between child and parents (e.g., phone calls, video calls)
• Changeovers and transportation logistics

How to Prepare for Mediation

Being well-prepared can make a significant difference. To get ready, remember these:

1. Know Your Goals

Think about what arrangements would work best for your child, not just what’s convenient for you.

2. Understand the Law

Familiarise yourself with the legal principle of the child’s best interests, which guides all decisions.

3. Bring Supporting Information

Documents such as:

• School reports
• Medical records
• Previous agreements

4. Stay Child-Focused

Avoid using mediation to express anger or blame. Focus on your child’s routine, emotional needs and safety.

5. Consult a Family Lawyer

A lawyer can help you prepare for mediation, draft proposals and review any agreements before you sign.

Is the Outcome Legally Binding?

Converting a Parenting Plan into Consent Orders can help ensure long-term enforceability.

Parenting Plan

• A written agreement created at mediation
• Not legally enforceable, but may be considered by a court later

Consent Orders

• Legally binding version of the agreement
• Requires filing with the Family Court
• Enforceable like any other court order

Common Challenges During Mediation

During the process, you may expect to encounter some hurdles, such as:

1. Power Imbalances

One parent may feel intimidated or pressured. In such cases, shuttle mediation or support persons can help.

2. Emotional Tension

Emotions may run high. The mediator’s role is to keep the conversation respectful and productive.

3. Unrealistic Expectations

Parents may have very different ideas about what’s fair. Mediation helps narrow the gap through compromise.

FAQs – Child Custody Mediation in Australia

Do I need a lawyer during mediation?

You don’t need one present, but it’s strongly recommended to get legal advice before and after mediation.

What if we don’t agree?

If no agreement is reached, you can proceed to court with a Section 60I certificate.

Is everything I say in mediation confidential?

Yes. Mediation is confidential, and what’s said can’t be used in court, with some exceptions involving child safety.

Why Choose Johnsons Law Group for Child Custody Mediation Support?

At Johnsons Law Group, we understand that child custody discussions can be stressful, especially in the early stages of separation. That’s why our legal team provides:

• Preparation Assistance: We help you understand your legal position and prepare clear, child-focused proposals.
• Post-Mediation Guidance: We review and formalise agreements to ensure your rights are protected.
• Support Through Every Step: From your initial intake to finalising consent orders, we’re with you throughout.
• Family-Focused Approach: We help you prioritise your child’s wellbeing while advocating for your interests.

Take the First Step Towards a Fair Parenting Agreement

If you’re heading into child custody mediation, preparation is key. With the right legal support, you can reduce stress, increase the chances of success and protect your child’s best interests.

Contact Johnsons Law Group today on 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation. Let us help you approach mediation with confidence and clarity.