At Barton Family Lawyers, we are committed to advocating for your rights and those of your child/children. If you find yourself in the midst of child custody disputes, remember that our dedicated child custody lawyer Brisbane team are here to support you. Our approach is compassion, empathy, and understanding, while simultaneously offering pragmatic and strategic advice to help inform your decisions.
Our goal is to empower you in achieving the most favourable and practical outcome for you and your family. If you’re looking for a reliable team that will provide you with practical, strategic and solution-focused advice, choose Barton Family Law and our custody lawyers.
Our Brisbane family lawyers are here to support you. Give us a call on 3465 9332 today so our team can develop a strategy to deliver the best practical outcome and makes a positive difference to your life and the lives of your children.
Custody Lawyer Brisbane
With a number of changes to the Family Law Act over the years, it can be difficult for people with no legal experience to understand these processes. With our custody lawyers, feel confident knowing that from your initial point of contact with us and beyond, you’re in good hands. We make it our mission to advocate for you in a way that makes you feel prioritised, supported, safe and heard. We give you practical, tailored advice and explain the pros and cons of each option to empower you to make informed decisions. This enables you to choose the best pathway for your and your children’s future – and most importantly, to ensure the safety of all parties.
We understand that custody is one of the most difficult matters to address. Everything you share is kept confidential. We interact with sensitivity and consideration and offer some of the best legal guidance in the industry. Contacting a custody law firm can feel daunting and strenuous, but with us, the process is made easier.
Choosing Barton Family Lawyers
Transparency is key when you work with our custody law firm. Whilst we always take your preferences into account, it’s important to remember that what’s best for the child or children remain paramount. At Barton Family Law, we treat our clients like family, meaning we put all of their needs at the forefront of our service.
Our dedication lies in attaining the optimal, practical result for our clients in a carefully and cost-effective manner, with the goal of making a positive impact on their lives. For a personalised approach and a team that genuinely cares, think Barton Family Lawyers – the child custody lawyer Brisbane families trust.
Let Our Child Custody Lawyers Support You
Needing urgent legal advice from an experienced child custody law firm? Call Barton Family Lawyers on 3465 9332 today to discuss your situation and receive the support you’re looking for. If you have general queries or would like some additional information, reach out through our online form and we’ll be in touch as soon as possible.
Frequently Asked Questions (FAQ’s)
When parents separate, it has a significant impact on a child’s life and on both parents. Where two parents cannot agree on the care arrangements of their children, mediation is the first pre-requisite – only after that can the matter proceed to Court.
Child custody arrangements can become very emotional and contentious. In any child custody case, the child’s best interests are the paramount consideration. Parents do not have any rights in the Family Court – the child has the rights. What parents want and what is in the child’s best interests often conflict.
What Exactly Is Child Custody Law?
Child custody law is the law relating to the care, welfare, and development of a child. The term ‘custody’ is no longer used in the family law courts. Instead, the courts prefer to use the term ‘lives with’ and ‘spends time with’ when discussing the care arrangements of a child.
Why Choose Our Experienced Child Custody Lawyers?
We understand that separation is often a traumatic time for our clients, and that custody disputes are often emotionally charged and among the most difficult issues to resolve. By choosing Barton Family Lawyers, you’re choosing a dedicated custody law firm that specialises in Family Law and child custody disputes. We have a strong reputation for delivering high quality service to our clients. Our child custody lawyers aim to deliver advice with empathy and understanding.
Our team consistently over commit and over deliver to clients on what we promise in respect of the service we provide. Our child custody lawyers understand the long-term impacts child custody disputes can have on children, which is why helping you resolve matters quickly and with minimal emotional cost is our top priority.
Our experienced custody lawyer Brisbane team will guide you through making informed decisions about your child custody arrangements following separation. Doing this properly from the start can save you significant emotional stress and financial strain in the long term. These arrangements are crucial – not just because they affect your immediate future, but because the other parent will remain in your life in some capacity. Resolving custody disputes constructively is key to maintaining a healthy post-separation co-parenting relationship and safeguarding the emotional and psychological well-being of your family.
How Do I Legally Document Our Child Custody Agreement?
Following separation, you and your ex-partner can reach agreement in relation to the living arrangements of your children informally, through a Parenting Plan, or formally, by a Consent Order.
Regardless of whether you and your ex-partner are amicable or not, it is in your best interests to consult an experienced child custody lawyer. Reducing your agreement to writing – either by way of a Parenting Plan or a Consent Order – provides clarity and certainty for both parties. It also significantly reduces the likelihood of child custody disputes arising in the future with respect to the living arrangements of the children.
Formalising The Living Arrangements for Our Children – Parenting Plan vs. Consent Orders
A Parenting Plan is a written agreement between you and your ex-partner which sets out the future living arrangements for your children. A Parenting Plan is not required to be registered and is not enforceable by a Court. However, if Court proceedings are initiated at a later time, a recent Parenting Plan may be used as evidence of each party’s intentions regarding the living arrangements that are in your children’s best interests.
A Consent Order is an order made by agreement which provides for the future living arrangements of your children, following an application to the Court. A Consent Order will only be made by a court if it is considered to be in the children’s best interests. You do not have to go to Court to get a Consent Order.
The main difference between a Parenting Plan and a Consent Order is that a Parenting Plan is not legally enforceable, whereas a Consent Order is enforceable. That meaning there may be legal consequences if a Consent Order is breached. Therefore, in most circumstances, a Consent Order is the preferable option for a party wanting to ensure certainty and enforceability of the agreement with respect to the living arrangements of the children. As it is enforceable, if one party breaches it, there are legal remedies the other party can use to remedy the breach.
A Parenting Plan is most efficient where the parties have an amicable post-separation relationship, where it is unlikely that the agreement will need to be enforced (i.e. each party is likely to comply and abide by it), or where circumstances of the parties and/or the children are changing or are likely to change in the near future – meaning the arrangements in the Parenting Plan will need to be reviewed at a later stage. However, even where parties are amicable post-separation, circumstances can change in the future, especially if either parent re-partners or seeks to relocate. These factors can place strain on the relationship between the parents and cause parental conflict.
The primary advantage and disadvantage of a Consent Order is that it is not easily changeable. A Consent Order remains in force permanently until the children turn eighteen, unless the parties reach an alternate agreement or there is a significant change in circumstances. These changes are actioned by a party making an application to the Court seeking a change to those orders.
If a Consent Order is in place and you wish to change it without the consent of the other party, you need to seek permission from the Court and you need to prove that there has been a significant change in circumstances. You should seek legal advice from our experienced child custody lawyers as to what constitutes a significant change in circumstances and whether you would be entitled to apply to have a Court Order changed on this basis.
Refer to our ‘Can I Change A Parenting Order?’ article for more helpful information.
What Happens If We Are Unable to Reach an Agreement in Relation to Our Children?
If you are unable to reach an agreement with your former partner as to the living arrangements of your children, the process is as follows:
Family law mediation with a dispute resolution practitioner is a compulsory step that you must take prior to making an application to the Court for orders. Whilst there are certain exceptions where mediation may not be required, for example, circumstances of urgency and/or risk, in the large majority of cases, you must participate in mediation first. A list of exceptions that allow you to seek an exemption from participating in mediation before making an application to the Court can be found on the Family Law Courts website.
You can also read our article on this topic: Do I Have to Mediate Before Court? The Exceptions Explained.
When you file your application to the Court, you must prove that you have participated in mediation by attaching a copy of your dispute resolution certificate, known as a ‘Section 60I’ Certificate. You should be aware that a Section 60I Certificate is effective for 12 months only.
To find a dispute resolution practitioner in your local area, contact our custody lawyer Brisbane team for a list of private mediators recommended by us. You can also engage in mediation with a dispute resolution practitioner at Relationships Australia. Relationships Australia is a free service. However, mediation through Relationships Australia may take many months to arrange, whereas if you elect to engage a private mediator, you can arrange a mediation within a couple of weeks.
What is the process once I file an application for parenting orders?
On 1 September 2021, the Federal Circuit and Family Court of Australia merged to form the Federal Circuit and Family Court of Australia (FCFCA). There is now one central set of rules that governs this Court, known as the Family Law Rules.
The merger has resulted in major structural changes to the family law system. There is now a single point of entry into the court system for all matters, a new case management pathway, synchronised Family Law Rules and a heavier focus on compliance with pre-action procedures and dispute resolution (mediation).
The primary objective of the new system is to provide a more efficient system of justice aimed at assisting parties through the process as quickly, safely, and as fairly as possible without undue cost and delay. Learn more about the amalgamated family law rules, the increased emphasis on compliance pre-action procedures and the new case management pathway below.
The following case management pathway applies to all applications filed in the Federal Circuit and Family Court of Australia, except those allocated to special lists including the COVID-19 List, the Evatt List, child support, child maintenance and divorce proceedings. Under the new case management pathway, all matters that cannot be resolved are intended to be listed for a Final Hearing within 12 months from the date proceedings were commenced.
To learn more about the process after your court application is filed—including the documents you’ll need to submit – read our article: Newsflash: What are the New Family Law Rules? If you have questions, a child custody lawyer Brisbane clients trust can guide you through each step.
What Parenting Orders Can I Apply For?
Parenting Orders are a set of legally binding orders made by a Court about the living arrangements and future long-term health, care, and welfare of your child.
A Parenting Order may deal with one or more of the following:
- Who the child or children will live with
- How much time the child or children will spend with each parent and with other people, such as grandparents
- The allocation of parental responsibility
- How the child or children will communicate with a parent they do not live with, or other people, and
- Any other aspect of the care, welfare, or development of the child or children
What Factors Are Considered in Family Law Child Custody Matters?
The paramount consideration of a Court, in determining what parenting order it is to make, is the child’s best interests. As a parent, you do not have any rights with respect to your children – only responsibilities.
When considering what orders are in your children’s best interests, the relevant factors the Court is required to consider include:
- What arrangements promote the safety of the child and the parents
- Any views expressed by the child
- The developmental, psychological, emotional, and cultural needs of the child
- The capacity of the parents to meet the needs of the child
- The benefit of the child having a relationship with the child’s parents and others significant to the child, where it is safe to do so
- Anything else that is relevant to the particular circumstances of the child
In considering the above matters, the Court must also take into account any history of family violence, abuse, or neglect involving the child or a person caring for the child, as well as any family violence order that is in place.
There is no presumption that a child should spend equal time with each of the parents. Both parents have parental responsibility for a child, subject to court orders. There is no longer a presumption that both parents have ‘equal shared’ parental responsibility for making long-term decisions affecting the child – for example, decisions relating to education, health, and religion. However, where it is safe to do so and subject to any court orders, parents are encouraged to consult each other about major long-term issues concerning the child, always having regard to the child’s best interests. When facing complex decisions regarding your child’s care, it is often advisable to consult with an experienced child custody lawyer who can guide you through the process according to current family law.
What are Parenting Orders?
Parenting Orders set out the living arrangements of your child or children which have been made by a Court. Parenting Orders may deal with things such as who the child or children live with, how much time they spend with each parent, parental responsibility, communication between the child or children and the parent they do not live with, and other issues relating to their care and upbringing.
When Can a Child Choose Which Parent They Want to Live With?
There is no set age that a child can decide where they live. A Court will look at factors such as the child’s age and maturity, the reasons behind the child expressing a particular view, and the recommendations made in the Family Report when deciding how much weight to give the child’s preference regarding who they live with. This assessment is always made in the context of what parenting orders serve the child’s best interest.
Watch our free, informative Family Law Information Video on when a child can decide where to live.
What Impact Do Parents’ Attitudes Towards Parenting and Each Other Have on Parenting Agreements and Orders?
The capacity of a parent to take care of the needs of a child including their physical, emotional, and psychological needs is a relevant factor in family law child custody cases.
The ability of a parent to facilitate and encourage the relationship between the child and the other parent is also a relevant factor. Where a Court determines that one parent, as a result of their conduct, is not capable of supporting and encouraging the child’s relationship with the other parent, this may influence the orders the Court deems are in the child’s best interests. In extreme cases, this can result in a change of custody of the child and restricted time with the parent who is deemed not to be capable of supporting the other parent’s relationship. If you are dealing with such complex issues, consulting with our trusted child custody lawyers can help ensure your rights and your child’s best interested are supported and protected throughout the process.
We Have Orders in Place but the Other Parent Isn’t Adhering to Them. What Can I Do?
If a parent is not following the Court orders, you can write to them or instruct a solicitor to write to them confirming they are in breach of the orders. If the parent does not respond, you may wish to have an independent mediator invite them to attend mediation with you to try and resolve the issue without having to go back to Court. If the other parent refuses an invitation to attend mediation, you may decide to file an application in the Court seeking a recovery order or your solicitor may advise that a contravention application is necessary. The particular course of action that is appropriate will vary from case to case.
Read our article ‘My Ex is in Contravention of a Parenting Order. What Can I Do?’ for more helpful information. Wanting more information? Chat to one of our custody lawyer Brisbane team members today!
Do Grandparents Have Any Rights Related to Child Custody?
Grandparents, as well as other non-parent persons concerned with the care, welfare, and development of a child, have the right to apply for parenting orders to spend time with a child. All circumstances are different and the orders a Court determines that are in a child’s best interests will vary from case to case. We recommend speaking with an experienced child custody lawyer to seek advice in relation to your individual circumstances.
What Is a Child Protection Order?
A child protection order is a direction from the Children’s Court that requires or authorises someone to do – or not do – something. This may include giving Child Safety Services custody or guardianship of a child and the authority to place the child in out-of-home care. If the Court finds that a child may be, or is, in need of protection, it can make the order setting out what should happen to ensure the child’s safety.
What Is ‘Sole Custody’?
The term ‘sole custody’ means one parent can make decisions regarding their child, including decisions about the child’s living arrangements, care, and welfare. This means the parent does not share the care of the child with the other parent and/or they want to have control over any time their child spends with the other parent, as well as all decision-making concerning the child.
When Do People Get Sole Custody?
Whilst ‘custody’ is an outdated legal term that is no longer used or approved by the Court, it is still possible for the Family Court to make orders – upon application by the resident parent – where it is determined to be in the child’s best interests. These orders may state that the child lives with the resident parent, that they have sole parental responsibility for long-term decisions concerning the child, and that the child spend no time, or only ‘time as agreed’ with the other parent.
What Rights Does a Parent with Sole Custody Have?
Orders for sole child custody effectively give the live-with parent ‘sole child custody’ – in other words, the ability and authority to control the time and involvement the other parent has with the child, as well as any decisions concerning the child’s long-term welfare.
How Do You Get Sole Custody of a Child?
To get sole custody of your child, you will need to have evidence supporting why such an order is in your child’s best interests. You should prepare an affidavit explaining why the orders you seek are in your child’s best interests, and you will be required to compile evidence in support of your application. A knowledgeable custody lawyer can guide you through the process, help you prepare the necessary documents, and provide legal support throughout your case.
Needing to locate the required documents you need when you file an application for sole custody? Click here.
To learn more about the Family Court process when you apply for sole custody – click here.
What Do Judges Look for in Child Custody Cases?
The paramount consideration of the Court in making any Parenting Order is always the child’s best interests. Speak to our child custody lawyer Brisbane families trust if you want sole child custody orders. Get in touch with us to find out more about how to document a child custody agreement, the process if you can’t agree, what parenting orders you can apply for, and how the court determines what orders are in a child’s best interests.
What Should You Not Do in a Child Custody Dispute?
Avoid common mistakes in custody matters by reading our helpful list of the top ten things people often get wrong – and how to steer clear of them.
If you’re seeking sole custody, make sure you know what not to do in a custody battle to give yourself the best chance of success.
What Are the Pros and Cons of Filing for Sole Custody?
There are both advantages and disadvantages associated with instigating a parenting application when the other parent has previously chosen not to ‘step up’ or seek to exercise their parental responsibilities. If you are the parent the child lives with, it may be wise – depending on your circumstances – to take a “wait and see” approach and observe whether the other parent takes the initiative to start court proceedings or seek time with the child.
To better understand your options, speak with one of our experienced child custody lawyers. We’ll help you assess whether applying for sole custody is the right step for you and your family.
Want More Information About Child Custody?
If you want more information on a specific area relevant to you, check out our informative and helpful family law articles:
- Fact Sheet – Children – A Guide for Separated Parents
- How To Spend More Time with Your Children
- What Is Substantial and Significant Time
- Parental Alienation in Family Court Disputes – Part 1
- Parental Alienation in Family Court Disputes – Part 2
- Top 10 Things People Do Wrong in Child Custody Matters
- What Age Can a Child Decide Where They Live?
- Admissibility Of Recordings in Family Law Cases
- Am I A Parent?
- I’m Not a Parent. Can I Apply for A Parenting Order?
- I Want Sole Custody
- Can I Go to Court Without Doing Mediation First?
- Can Parenting Orders Be Changed?
- Relocation Of Children
- Prevention Is Better Than Cure – Interim Relocation Cases?
- Unilateral Relocation of Children
- International Travel with Children After Separation
- My Ex Is Breaching a Parenting Order. What Do I Do?
- When Is Supervised Time Ordered?
- Is A Child’s Changed Views Enough to Change a Parenting Order?
- Interim Parenting Orders – Why Can’t the Judge Make the Orders I Want?
- When Can You Change Your Child’s Surname?
- What Is Substantial and Significant Time?
- Domestic Violence Order Applications – Boosting Prospects of Success
You may also find the following Family Court information pages and fact sheets helpful:
- If You Agree on Parenting Arrangements;
- If You Do Not Agree on Parenting Arrangements;
- Compulsory Family Dispute Resolution – Court Procedures & Requirements;
- Marriages, Families & Separation;
- Parenting Orders – Obligations, Consequences and Who Can Help;
- Complying With Orders About Children;
- How Do I Apply for Parenting Orders?
- Non-Parent Parenting Orders
Why Use a Child Custody Lawyer?
As trusted custody lawyers experienced in this process, we can advise you in regard to the complexities of your specific situation and guide you through what can be a stressful and confusing process. We can help take the heat out of a difficult emotional situation and negotiate on your behalf to obtain the best possible result for your children. And if it comes to Court, we are deeply familiar with the court system and can use our experience to your advantage.
Want To Book in a Consultation to Discuss Your Matter with Our Experienced Child Custody Lawyer Brisbane Families Trust?
Get expert custody legal advice following separation – call our experienced custody lawyers on 3465 9332 or get in touch with us online to arrange a confidential initial consultation.
