If your children have expressed that they are unhappy with the other parent
 

In Australian family law, the court’s primary concern in custody matters (parenting arrangements) is the best interests of the child. If your children have expressed that they are unhappy with the other parent, you may be able to seek a change in custody arrangements through the Family Court or Federal Circuit and Family Court of Australia (FCFCOA).

Steps You Can Take:

1. Try Mediation First – Before going to court, Australian law generally requires parents to attempt family dispute resolution (mediation) through an accredited provider such as Relationships Australia or a Family Relationship Centre. If an agreement is reached, it can be formalised into consent orders.

2. Gather Evidence – If the children’s concerns are serious (e.g., neglect, emotional distress, or unsafe conditions), gather any relevant evidence, such as:

   • Messages or emails from the children (if appropriate).
   • Reports from teachers, doctors, or psychologists.
   • Any history of issues with the other parent.

3. Apply for a Court Order – If mediation fails, you can apply for a Parenting Order through the FCFCOA. The court will consider factors like:

   • The children’s wishes, depending on their age and maturity.
   • The nature of the children's relationship with each parent.
   • Any risk of harm or neglect.
   • The ability of each parent to provide for the children’s needs.

4. Court Decision & Independent Assessment – If your case goes to court, the judge may:

   • Appoint an Independent Children’s Lawyer (ICL) to represent the children’s best interests.
   • Order a family report prepared by a psychologist or social worker to assess the situation.

What to Do Now:

• Book a mediation session (unless there’s a risk of family violence or abuse, in which case you can apply directly to court).
• Seek legal advice from a family lawyer or contact Legal Aid in your state for guidance on your specific situation.
• If needed, start preparing an application for a parenting order.