There are a number of children and parenting matters that couples, and relatives of children need legal assistance with. Our parenting lawyers help families and their significant others at a time when they need reliable and qualified advice the most.
Most parenting matters relate to divorce or separation of the parents. If you and your spouse are separating, it is critical to ensure that the interests of any children are considered. The impact of separation on children can be significant. Whilst separating couples might disagree on many things, parents tend to agree that their children’s best interests should always be paramount.
It is often helpful to get the guidance of a family lawyer experienced in parenting agreements to help give you advice from the outset. Often parents aren’t fully aware of their rights and responsibilities, and early advice gives you clarity how to proceed with child custody and child support arrangements.
There are several ways in which our dedicated and experienced family lawyers can assist you. We help clients in preparing parenting plans and can advise and represent them on a variety of parenting and children’s matters, including:
Indeed, the Family Law Act 1975 (Commonwealth) (the Act) itself states that “in deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.”
The Federal Circuit and Family Court of Australia (Court) acknowledges that each family and each child is different. What arrangement reflects your child’s best interests, may be different from others.
If you and your former partner have agreed on future parenting and child custody arrangements, you should still formalise your agreement. This is not a lengthy legal process but a simple parenting plan or agreement. Our family lawyers can assist you by formalising those arrangements into an easily understood parenting plan.
Some parents who agree, will still apply for parenting consent orders. There are further considerations you should make if you are considering this and we can assist you to obtain this from the Family Court.
If you and your former partner don’t agree on parenting arrangements we can help. Our childrens’ lawyers can assist you by advising you and negotiating on your behalf to resolve the matter as quickly as possible.
We can help you settle your matter in a way that would be largely in alignment with the Court’s approach. We can employ a variety of family law dispute resolutions methods and try and avoid lengthy litigation.
Parental responsibility is defined very widely in the Act. In essence, it means that both parents must consult each other before making any decisions about major-long term issues which affects the child.
To name a few, this includes decisions about schooling, religion, medical decisions, their name, and other lifestyle matters.
Generally, it is considered by the courts to be in the best interest of the child for both parents to have Equal Shared Parental Responsibility for children. In some cases, the Court may find that a parent be given sole parental responsibility for a child.
Obtaining legal advice in such cases is critical and our experienced family law team can assist. These decisions can have long term consequences on your family dynamic and can impact your lifestyle significantly.
Equal Shared Parental Responsibility does not mean your child spends time with or lives with each parent equally. Living arrangements are determined by several factors including:
Each matter is different and obtaining legal advice is highly recommended. Family lawyers will be able to give you advice and perspective about your parenting and child custody matters, both now and as your children grow.
Living arrangement issues are typically documented in a Parenting Plan. It is important to carefully consider any written agreement before you commit, as poorly considered issues can give rise to disputes later on. An experienced parenting plan lawyer will be able to help you document a plan that is fit for now and into the future.
We will advise you on your legal parental rights and take all necessary steps to protect your legal position.
We try and avoid the need for going to Court, unless it is necessary. However, if you and your former partner cannot reach an agreement and need to commence proceedings and eventually go to Court, we can ensure your rights are fairly considered. Many matters settle prior to court and we help our clients get an effective outcome as soon as possible.
Our experienced family law team will skilfully guide you through this often stressful and daunting process. We regularly appear in Court in relation to parenting and child custody matters and have deep expertise and knowledge, providing you with quality representation. We consider the issues at stake currently and look for ways we can protect and help you improve your position.
Our family lawyers are empathetic, but know how to be tough when needed. We take a strategic, sensible, yet practical approach to ensure that you and your child’s best interests are looked after, at every step of the way.
We have helped others and we can help you.
Our Brisbane Lawyers will provide you with expert legal advice as well as practical solutions. Our law firm has extensive experience in guiding client through their matter addressing commercial considerations and real-life situations and resolving issues quickly.Request a meeting
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