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Child Custody Lawyers

We fight to keep you in your Childs life.

What is Child custody

If you have separated and have children, living arrangements for the children need to be decided. Under the Family Law Act, parents are responsible for the care and welfare of their children until they reach 18 years of age.

Framework for Child custody

In Australia, the Family law Act requires the best interest of the child to be considered, which encompasses several key considerations. It is important that children have a meaningful relationship with each parent, and they are protected from harm. The Family Law Act also presumes that each parent has ‘equal shared parental responsibility’. ‘Parental responsibility’ is all about the legal duty, power, responsibility, and authority a parent has in relation to a child. A person with parental responsibility for a child is responsible for all matters relating to, for example, the care, welfare, and development of a child, such as the child’s schooling, cultural upbringing, health, name, and living arrangements.

This responsibility does not change because the relationship between the children’s parents breaks down.

Parenting and child custody

A parenting plan is a non-binding agreement between parties which sets out the agreed parenting arrangements for the children. A parenting plan is an inexpensive alternative which allows the parties greater flexibility in preparation and control of the arrangements. However, it is important to be aware a parenting plan is not binding. If one party does not comply with the agreement there is no mechanism of enforcement.

 

If you and your partner cannot reach an agreement about children’s matters, or if there are urgent issues that need to be addressed, Family Court proceedings may be necessary. We can represent you in court and guide you through what can otherwise be a confusing process.

If the parties agree on the parenting arrangements of the children, a parenting order may be made. This involves an application to the court for consent orders which sets out the parenting arrangements including who the child will live with, the time they spend with each parent or relative, communication between the parent and the children and any other aspect of care and welfare for the child.

The benefit of a parenting order is that it is binding. The order is granted and endorsed by the court. If one party does not follow the order, an application can be brought to the court for contravention.

 

you must try to
resolve the matter

Parties to a parenting dispute are required to attend compulsory mediation with a family dispute resolution practitioner to attempt to resolve the dispute before making application to the Court.

A certificate known as a “Section 60I Certificate” will be issued after the family dispute resolution process is undertaken, which a party can then use in support of their application to the Court. There are exceptions to this rule, such as urgency.

Can I appeal a Child Support decision?

If you are unable to settle or matter, then you may be forced to seek the assistance of the Federal Circuit and Family Court of Australia (FCFCOA) to resolve your matter.

Your case in will be commenced once all attempts to resolve your case by negotiation have failed.

A case in the Federal Circuit Court and Family Court of Australia starts by filing the following documents:

What Our Clients say

"responsive and helpful professionals"
I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.
Chamara W.
"caring and empathetic approach"
Brianna was caring and empathetic in her approach with a no fuss attitude. A pleasure to deal with. The outcome Mum and I needed was achieved stress free.
Dean P.
"understood our circumstances, made the process smooth"
Brianna and Christian have been very professional, thorough and made both me and my fathers experience very easy to understand. They provided the best advice and support to achieve a great result with our court matter. Brianna was very prompt in all responses and understood our circumstances which made the process very smooth.
John P.
"worked really hard to give me a new start "
I would like to thank Kehsee and Kristdel from the Family Lawyers for working tirelessly for me on my separation matter. I came to them a pretty broken person from a previous solicitor. The rates they charge are very good. All worked really hard to give me a new start and just as importantly they are all quality people. Thank you.
Shane H.
"highly knowledgable and patient"
Highly recommended. I spoke with Kehsee, who was friendly, highly knowledgeable and patiently answered all my questions. Thanks for the great service!
Evan B.
"very professional, but personalised"
The settlement of our new office premises went so smoothly, with all documents done easy online, and it can be attended to when time permits. Highly responsive office and a very professional, but personalised service at the same time. Thank you for your work and your support.
Katherine I.
"made me feel at ease from the get go"
Kristdel was amazing from the very beginning. I called very stressed and confused. Kristdel made me feel at ease from the get go & provided an unbelievable legal service, With amazing communication & care.
Adam R.
"very understanding and patient team"
Christian and his team at The Family Lawyer have made our legal experience very easy. They are very understanding and patient team making what was a stressful experience a calm one as we progressed through it. If it wasn't for Christian and his knowledge we would have made some very costly mistakes, both financially and personally. Their pricing was fair and the value we received exceeded our expectations.
Camilo M.
"wouldn't hesitate to use their services agai"
Highly recommend and very professional. Christian was very responsive to my questions and is very knowledgeable in his field. I wouldn't hesitate to use their services again.
Amruth R.
"great advice on what would be best to do"
Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn't be more thankful for the great service.
Jacqui D.
"... Friendly, professional and understanding staff ..."
Jacqui D.
"...highly recommend Kristdel..."
Chamara W.
"... The outcome I needed was achieved ..."
Dean P.
"... They provided the best advice and support ..."
John P.
"...The rates they charge are very good. ..."
Shane H.
"... highly knowledgeable and patient ..."
Evan B.
"... Highly responsive office and a very professional ..."
Katherine I.
"... Kristdel was amazing from the very beginning ..."
Adam R.
"... They are very understanding and patient team ..."
Camilo M.
"... Highly recommend and very professional. ..."
Amruth R.

You have Questions. We have Answers.

Frequently asked questions

Before making an application to the court, the Family Law Act requires parties to make an attempt to resolve disputes by using family dispute resolutions services (FDR).

There are some exceptions which may include an urgent application, allegations of family violence, and allegations of abuse.

When making a parenting order, the court does not hear from the children directly as they do not go to Court. The children’s views are obtained by a Family report or through an Independent Children’s Lawyer (if one is appointed).

While the children’s views may be useful to the court, it does not mean the court will make an order for what the children want.

The court will determine and make orders for what is in the child’s best interest.

The ICL assists the court in deciding what arrangements are in the children’s best interest.

The ICL obtains information about the children’s views, collates relevant information, and provides this to the court.

The ICL makes recommendations and proposes arrangement which would be in the child’s best interest.

The law in relation to collection from daycare and other childcare facilities provides that the child’s enrollment record must identify who is authorised to collect the child from the children’s service. 

If you are not on the enrollment form, this will cause further complications.

You should make inquiries with the daycare to ensure they will release the child to you prior to attending the pickup.

You should also let the other parent know of y our intentions so as not to cause a panic.

Family Court will take a child’s wishes into account but will give weight to those wishes which are proportional to the child’s maturity and ability to express his or her wishes.

If you are a grandparent and you have been involved in the care, welfare and development of your grandchildren, then you may be able to file an application for orders at Court if you are being denied time with your grandchildren.

The Court recognises the importance of the relationship between grandparents and their grandchildren and how this relationship can foster a child’s welfare and development.

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