Children & Custody FAQs

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Child custody disputes are a source of stress for both parents and children. For children, when a marriage or relationship fails, it is a confusing and stressful period. Depending on their age, personality, and how their parents interact with them and each other, all children will react in different ways. In general, it is in the best interests of the child to have a loving relationship with both parents, yet arranging such situations can be the most difficult aspect of settling a dispute.

At Love Family Lawyers, we specialise in all aspects of Queensland family law. Our child custody solicitors offer legal guidance and counselling with the awareness that child custody is one of the most difficult matters to address. Contact us today to speak with one of our family lawyers in North Brisbane and Wynnum.

Who will get custody?

The Family Law Act (Cth) states that parents should have equal shared parental responsibility for their children. The concept of shared parental responsibility means that parents are presumed to have an equal say in the long-term matters concerning their child. These matters include (but are not limited to), decisions relating to religion, schooling and heath. Although equal shared parental responsibility is presumed under the law, we realise that this is not always the reality. A parent may refuse to co-parent and seek to exercise parental responsibility for the children autonomously. In these circumstances, it is important to seek professional legal advice as soon as possible to ensure the best possible outcome for your child. If you believe there are extenuating circumstances that mean that equal shared parental responsibility is not appropriate, our dedicated solicitors are here to fight for your rights. Contact Love Family Lawyers today to see how we can help you.

How often can I see my children?

A parent’s time with their child is determined according to what is in the child’s best interest.  It is usually of benefit to the child to have as much time as possible with both parents to enjoy their company and to receive their guidance, love and affection.

If you and your ex-partner have reached an agreement as to the time that you will both spend with the child and how the time will be divided, you should consider putting in place a Parenting Agreement or applying to the Court for a Parenting Order. It is important to seek an experienced child custody lawyer to put an Agreement or an Order in place so your rights are fully protected if issues arise.  

We provide a Fixed Fee Service for drafting these documents. For more information contact our office.

What if there is a dispute in relation to the arrangements?

If there is a dispute in relation to the arrangements for the children, you should seek legal advice to resolve matters as quickly as possible. Love Family Lawyers have extensive experience advising on and representing clients in child custody matters. Our family law solicitors can help you to achieve the best possible arrangements for your children.

Family Dispute Resolution

The Family Law Act 1975 requires you to attend mediation and obtain a certificate from a registered Family Dispute Resolution Practitioner before you file an application with the Court for an order in relation to a child. Our family law solicitors will ensure you are prepared for the mediation and will guide you through the process.

There are certain circumstances where a certificate is not required including issues of urgency and violence. If you believe you have a matter of urgency or if you or a loved one are experiencing violence, you should reach out to any relevant authorities and contact us immediately on 07 3390 2344.

Child Support

It is important to have a child support agreement in place to ensure that you and your ex-partner have a mutual understanding of your financial commitments. For a fixed fee, we can negotiate and draft a fair child support agreement for you.

If you already have a child support agreement in place and are struggling to pay the required amount of child support, you should seek legal advice. Our family law solicitors may be able to help you to avoid any penalties.

If you lose your job and receive an income-tested benefit, your assessment will reduce to a minimal amount.

Can I leave the country with the children?

If you are planning on travelling or moving interstate or overseas, you should ensure that you have a written agreement or court order in place prior to the children’s departure. Failure to do so may result criminal charges and in the court ordering the return of the children.

If your ex-partner has taken or is planning on taking your children without your consent, there are measures that we can take. You should seek urgent legal advice from one of our child custody or family law solicitors.

What is a consent order and will I need it?

An application for a consent order might be used to finalise your child custody arrangements or how property will be distributed in a property settlement.

If you can reach an agreement with your ex-spouse, consent orders are usually a great conclusion for you. A consent order is a sort of court order issued when the parties concerned have already reached an out-of-court agreement and want to formalise it.

A Judge or Registrar may reject a consent order application if the terms used in the consent order is legally incorrect, if the consent order is not in the best interests of the children, or if the arrangement is not fair and equitable in circumstances.

It’s always advisable to have a professional family & divorce lawyer create your consent order for you so that it’s done correctly and protects you in the future.

Our family lawyers in Fortitude Valley, North Brisbane and Wynnum can help you draft a consent order application that takes the best interests of your own, your ex-spouse and the children involved. 

Important Note

You should never discuss any dispute between you and your ex-partner with your children.  Your children should never be a witness to an argument between you and your ex-partner.  Both parents need to be focussed on what is best for the children during this difficult time.

For more information regarding our Fixed Fee Services contact our office on 07 3390 2344.

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