Child custody and parenting decisions are among the most crucial aspects to work through following a relationship breakdown or a divorce. With a child custody lawyer you can navigate the intricacies of custody laws in Australia and act in the best interests of your children.
Child custody refers to the legal arrangements about who a child will live with and how decisions about the child will be made. It’s not just about where the child sleeps at night but encompasses the broader picture of how parents will share responsibilities and decision-making.
Australia’s child custody laws focus on the child’s best interests. The Family Law Act emphasizes the significance of children having a meaningful relationship with both parents, provided it’s safe. It’s not about what the parents want, but what’s best for the child.
Our child custody lawyers in Brisbane will guide you through this difficult time and help you achieve a legal outcome that is fair and just. Our services include:
Detailing child custody options
Legal document preparation
Mediation & negotiation
Representation in court
Advocacy for the child’s best interests
Assistance in varying children’s orders
Enforcement of custody orders
As family law lawyers, we provide a complete child custody legal service with confidentiality and privacy.
We can provide legal assistance in cases of domestic violence or abuse, in cases where legal guardianship needs to be established, where grandparents or guardians are seeking custody or visitation rights, and a number of other scenarios. Each case is unique and we can provide you with a tailored solutions.
Laura Muccitelli holds a masters degree in family law and is also a registered member of the family law section of the Law Council of Australia.
The flow of events in a the child custody process looks like this:
The process starts with out of court proceedings, known as a Family Dispute Resolution (FDR), in which a mediator attempts to help the parents reach an agreement over parenting arrangements.
If an agreement isn’t reached through FDR, an Initiating Application is filed, with the Family Court or the Federal Circuit Court, outlining the desired custody and visitation arrangements, together with an Affidavit and Notice of Risk (if necessary). Time is given for response and document exchange and for all parties involved to take into account the child’s best interests.
If an agreement is still not reached then a court hearing is held allowing both parties to present witnesses and evidence. An agreement can be made at any stage between the parents, but failing to do so, the court will make a final, binding decision based on the evidence and best interests of the child. Parents can seek post-order assistance from the court if any changes to the parenting arrangements are needed or if a party fails to comply with the order.
There are various types of custody arrangements in Australia, from full custody to shared custody. The arrangement often depends on factors like the child’s age, the parents’ work schedules, and the child’s schooling. Our team of custody lawyers at LM Family Law Solutions can guide you through the process, ensuring that all factors are considered.
Different age groups have different needs. For instance, younger children might need more frequent but shorter visits, while older children might benefit from longer stays. We can help you understand what might work best for your child’s age and needs.
Beyond the legalities of child custody, parenting involves day-to-day decisions, from schooling to healthcare. It’s essential to have clear communication lines and a plan that ensures both parents play an active role in their child’s life.
In cases of family violence or other unique situations, child custody decisions take on added layers of complexity. The child’s safety is paramount, and we’re here to ensure that you have the legal expertise you need.
Working with a our child support lawyers will benefit you through this challenging period.
Our child custody lawyers are well-versed with the complexities of Australian family law. We will help you achieve an outcome that is in the child’s best interests.
For us, the child’s well-being is paramount. We work diligently to ensure that custody decisions and parenting arrangements reflect this priority.
We believe in empowering parents with the right legal advice. Our team can help you stay well-informed and feel supported throughout the legal process.
Whether you need insights on child custody laws specific to QLD or assistance with crafting parenting arrangements, we’re here to guide you.
Navigating child custody and parenting can be daunting. Let us be your trusted partner in this journey. For personalised advice and assistance, reach out to our legal team.
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In Australia, custody has been replaced with the concept of shared parental responsibility post-divorce. Parenting arrangements are determined by the child’s best interests, considering factors such as their relationship with each parent, safety, well-being, and willingness of parents to cooperate.
In Australia, achieving full custody of a child isn’t the primary focus. The legal system emphasizes shared parental responsibility based on the child’s best interests, considering factors like safety, relationships with both parents, and their well-being.
In a 50/50 custody arrangement in Australia, child support is typically calculated based on both parents’ incomes and other factors, but it may not always result in one parent paying the other. Both parents are expected to contribute to the child’s needs directly while they are in their care, covering expenses related to housing, education, healthcare, and daily living. Fore more information on child support, take a look at our child support legal services.
In child custody cases in Australia, typically each party bears their own legal costs, including court fees, unless the court orders otherwise due to special circumstances or if one party has acted unreasonably. However, it’s important to consult with family law legal professionals for specific advice regarding your situation, as factors can vary based on the circumstances and the court’s decisions.