Child Custody Lawyers in Brisbane

Not necessarily. Parenting arrangements are determined based on the best interests of the child, which may not always result in equal time with both parents.

Mediation and family dispute resolution are effective ways to resolve custody disagreements without court intervention, often leading to more amicable outcomes.

Yes, but you must demonstrate a significant change in circumstances to apply for a variation of the existing parenting order.

In Australia, the term “full custody” is no longer used in legal contexts. Instead, family law refers to parenting arrangements that determine who a child will live with, spend time with, and communicate with. To seek sole parental responsibility (what is often meant by “full custody”), you need to demonstrate to the court that it is in the child’s best interests. The court prioritises the child’s safety and well-being, considering factors like family violence, neglect, or other risks. It’s important to seek legal advice to understand your rights and ensure your case is presented effectively.

Child support payments are designed to cover the comprehensive expenses associated with raising a child. These expenses encompass the child’s accommodation, education, medical care, and overall welfare.

The objective is to guarantee that children benefit from sufficient economic support from both parents, addressing their requirements like apparel, nutrition, accommodation, and involvement in after-school activities.

Needing to figure out payments? See our guide on How Much Is Child Support in Australia? Calculating Child Support

Applying for child custody, legally referred to as parenting arrangements, typically begins with dispute resolution methods such as mediation. If an agreement cannot be reached, an application for parenting orders can be filed with the Federal Circuit and Family Court of Australia. The court will assess the case based on the child’s best interests and issue legally binding parenting orders outlining care arrangements, parental responsibility, and decision-making rights.

A parenting order is a legally binding decision made by the court that outlines parenting arrangements for a child after separation or divorce. It can determine who the child lives with, how much time they spend with each parent, parental responsibility for major decisions, and how communication between the child and non-residential parent occurs. These orders must be followed by both parents and can only be changed by agreement between the parties or by applying to the court to vary the terms. If a parent fails to comply, legal action may be taken to enforce the order.

There is no set age at which a child can choose where to live. The court may consider a child’s views, but their level of maturity, understanding, and reasoning behind their preference will determine how much weight is given to their wishes. Independent assessments, such as family reports, may also be considered to ensure decisions align with the child’s best interests.

Yes, under Australian family law, grandparents and other significant caregivers can apply for parenting orders if they have an ongoing, meaningful relationship with the child. While grandparents do not have automatic custody rights, the court recognises the importance of their role in a child’s life and will consider their application if it is in the child’s best interests. This could include seeking time with the child, especially if one parent is preventing access. Grandparents seeking legal advice on their rights can explore options through the court or by negotiating agreements with the child’s parents.