In parenting matters, the stakes are uniquely high. Decisions made in the Court shape the lives of children — where they live, how they’re raised, and the relationships that define their formative years. As family lawyers, we are tasked not only with advocating for our clients but with presenting cases in a way that earns the trust of judicial officers who must make life-changing decisions.
In parenting proceedings, building judicial confidence isn’t about theatrics or technical wins — it’s about credibility, clarity, and a consistent child-focused narrative.
This blog explores how to build and present parenting matters that not only centre the child but also resonate with judicial decision-makers.
The Power of Narrative
While parenting proceedings are governed by law and the guiding principle of the best interests of the child — they are ultimately human stories. Judicial officers are called to make decisions not just on evidence, but on how well that evidence fits into a coherent, plausible narrative that prioritises the child’s wellbeing.
A child-focused narrative is more than just evidence of care arrangements. It’s the persuasive story of how your client’s proposal meets the emotional, physical, developmental, and psychological needs of their child — today, and into the future.
Why Judicial Confidence Matters
Judicial officers are time-poor, overburdened, and often dealing with highly conflicted or unprepared litigants. Gaining their trust early can be critical. A parenting case that is presented clearly, ethically, and with a true focus on the child’s best interests builds credibility — and wins hearings.
Courts are more likely to adopt your client’s proposed orders when:
The case narrative is consistent across all materials;
The evidence supports a child-centred, rather than adversarial, approach;
The parent (through your advocacy) is shown to be cooperative, child-focused, and solution-oriented;
Potential risks (such as family violence, substance use, or neglect) are addressed head-on with practical, protective proposals.
5 Steps to Crafting a Child-Focused Parenting Case That Builds Judicial Confidence
1. Start With the Child’s Experience — Not the Parent’s
Begin by understanding and articulating what the child is experiencing, needing, and expressing (if age appropriate). Avoid framing the case through parental grievances.
The best outcome for the children should be first and foremost in your client’s mind. That may not necessarily be what he/she wants the outcome to be, but they should be focused on achieving the outcome that best ensures stability for the children.
Clients can often be absorbed with their perceived ‘fairness’, especially when it comes to children, believing that this means an equal shared care arrangement. You may need to educate your client on the social science research in this regard.
Instead of:
“My client hasn’t seen the children in 10 weeks and is devastated.”
Try:
“The children have expressed missing their father, and a structured reintroduction with support is proposed to rebuild their relationship.”
This reframes the issue with the children’s emotional needs at the centre.
2. Align With the Legislative Framework Early
Use the s60CC considerations as your roadmap. Tailor your affidavits and proposals to show how your client’s position meets the child’s best interests under both primary (e.g. safety and meaningful relationships) and additional considerations (e.g. capacity, maturity, cultural identity).
A narrative that clearly maps to the legislation signals to the Court that you understand the statutory task — and that your client’s case is constructed accordingly.
3. Present a Balanced View — and Acknowledge Complexity
Family dynamics are rarely black and white. A party who acknowledges their own limitations, past conflict, or mistakes — while demonstrating insight, remorse, and a commitment to co-parenting — gains credibility.
Judicial Officers appreciate parties ‘owning’ their past mistakes. If you have identified a hole, something that could negatively impact your client’s case, offer that up including some reflection upon that and how your client will adjust his/her behaviour going forward.
Avoid vilifying the other party unnecessarily. Judicial officers are wary of hyperbolic, one-sided accounts. Instead, aim to demonstrate:
Insight into the child’s needs;
A capacity to support a relationship with the other parent (where safe and appropriate);
A willingness to engage with therapeutic supports or parenting programs if relevant.
4. Propose Practical, Protective, and Age-Appropriate Arrangements
Vague parenting proposals are unhelpful. The Court wants clear, developmentally appropriate, and workable arrangements, especially when risks are present.
Good proposals:
Anticipate logistical challenges (e.g. school pickups, transitions),
Address how communication between parents will occur,
Propose a pathway forward for rebuilding fractured relationships (e.g. therapeutic contact),
Offer safeguards where there are allegations of family violence or abuse.
If supervised contact is suggested, be clear on how, when, and where — and for how long before reassessment.
5. Ensure Consistency Across Evidence, Submissions, and Orders Sought
The Court reads multiple documents; if your client’s position shifts or appears inconsistent, it raises red flags.
Use technology to:
Keep your narrative consistent and traceable,
Track how affidavits support each element of your proposed orders,
Monitor all incoming and outgoing correspondence for alignment.
A streamlined file and consistent presentation builds not just internal confidence — it builds judicial confidence too.
In parenting matters, the winning strategy is not aggression or legal complexity — it’s clarity, child focus, and quiet confidence. A well-constructed, emotionally intelligent narrative that aligns with the law and evidence shows the Court that your client can co-parent, prioritise their child’s needs, and make realistic, protective decisions.
