Child Custody Lawyers Brisbane

Ideally as early as possible when separating or if you anticipate difficulties reaching agreement with the other parent. A child custody lawyer can help you avoid missteps, protect your parenting rights and make the entire process clearer and less stressful.

Ideally as early as possible when separating or if you anticipate difficulties reaching agreement with the other parent. A child custody lawyer can help you avoid missteps, protect your parenting rights and make the entire process clearer and less stressful.

Absolutely. A child custody lawyer can help you clarify your goals and review proposed parenting arrangements. They can also guide you through emotionally charged conversations, helping you stay focused and constructive. This increases the chance of reaching a fair, workable outcome that supports your child’s best interests.

In Australia, if parents are unable to reach an agreement, the Family Court can make decisions about parental responsibility and care arrangements. The court will always prioritise the child's best interests, taking into account factors like safety, relationships with each parent and overall wellbeing.

Yes, child custody arrangements can be changed, but only under certain conditions. When both parents agree to the changes, they can update the arrangement informally or formalise it through the court. If there’s disagreement, a parent can apply to the Family Court to modify the existing orders.

In Australia, there’s no fixed age at which a child can decide on their living arrangement. While the court will consider the child’s views, the level of importance placed on those views depends on the child’s age, maturity and understanding of the situation. Ultimately, any decision about living arrangements is guided by what’s in the child’s best interests.

In Australia, equal shared care where children spend roughly half their time with each parent is relatively uncommon. Research suggests that only a small percentage of separated families achieve an exact 50/50 arrangement. More often, children live primarily with one parent, while the other has substantial or regular time. Courts consider 50/50 care only when it is practical, safe, and in the child’s best interests.

Even when parenting time is shared equally, child support may still be payable. Services Australia calculates payments based on each parent’s income, the number of children, and the care percentage. If one parent earns more, they may need to contribute financially so the child enjoys a similar standard of living in both homes.

There’s no one-size-fits-all answer. While many children benefit from equal time with both parents especially when parents live nearby and cooperate well, it isn’t always the most suitable arrangement. Factors like the child’s age, emotional needs, schooling, and any safety concerns play a major role in determining what’s best.

Australian family law does not set a specific age for when equal care should start. Instead, decisions are based on the child’s maturity, adaptability, and ability to cope with transitions. Younger children may benefit from shorter, more frequent visits, while older children can often manage longer periods with each parent.

Although the term “custody” is still widely used informally, the Family Law Act refers to sole or joint decision making formerly known as parental responsibility and living arrangements. Parents are encouraged to agree on a parenting plan or apply for consent orders. If they can’t agree, the court can decide, always prioritising the child’s best interests, particularly safety and the benefit of having a meaningful relationship with both parents.

To obtain sole parental responsibility or primary care, you must show the court that this arrangement best protects the child’s welfare. This often applies in cases involving family violence, neglect, substance abuse, or severe conflict. Evidence is crucial, and legal advice can help ensure your application is strong.

Yes. Parenting orders and agreements can be varied if there has been a significant change in circumstances, for example, a parent relocating, changes in work schedules, or concerns about a child’s safety. In most cases, parents must first attempt family dispute resolution before returning to court.

Also called family dispute resolution (FDR), this process helps parents reach agreement on care arrangements without going to court. A neutral mediator facilitates discussion and helps both parties focus on the child’s needs. In most cases, attending mediation is a legal requirement before applying to court.

Rather than focusing on “winning,” it’s more effective to show the court you can provide a safe, stable, and supportive environment. Demonstrating cooperation with the other parent, involvement in the child’s life, and a willingness to act in the child’s best interests often carries significant weight in court decisions.

The most suitable arrangement depends on the child’s age, personality, schooling, and family dynamics. Some children thrive with equal time; others do better with one primary home and regular contact with the other parent. The key is ensuring the child’s safety, stability, and emotional wellbeing.

If you believe sole care is necessary, you must convince the court that shared care would not be in the child’s best interests. This is common in cases involving risk of harm, family violence, or inability to co-parent effectively. Detailed evidence, such as reports, witness statements, or expert assessments can be critical.

In Brisbane and across Queensland, certain actions can seriously harm your case and, more importantly, affect your child’s wellbeing. Common mistakes to avoid include:

1. Speaking negatively about the other parent in front of the child.
2. Posting inappropriate or inflammatory content on social media.
3. Ignoring court orders or deadlines.
4. Overlooking your child’s day-to-day needs and routines.
5. Introducing a new partner into the child’s life too soon.
6. Refusing to cooperate or communicate with your co-parent.
7. Failing to keep accurate records of key events or expenses.
8. Using hostile, aggressive, or abusive language in messages or calls.
9. Making false or exaggerated allegations.
10. Disregarding the advice of your family lawyer.

Avoiding these pitfalls helps you present as a responsible, child-focused parent—something courts place significant weight on when deciding parenting arrangements.