There are several common mistakes people make in parenting (‘custody’) disputes.  One of the biggest is involving children in adult disputes. This may include sharing information they shouldn’t, speaking badly of the other parent, pressuring children to ‘choose’, guilting or coaching them if court or family reports are being prepared. Another big mistake is lying about the other parent, or exaggerating negative points, either in court, to others or to the children.

An additional error often made is putting wants as a parent over the needs of the children. This may mean trying to ‘get full custody’ because you don’t want to deal with your former partner. However, if the children have a strong relationship with them, that relationship would be damaged by that arrangement. Anything that doesn’t serve a child well is likely an error. Lastly, assuming that courts look at emotion or ‘who is right’, rather than at facts. The court relies on clear facts, and failing to present facts, regardless of the situation, can be detrimental to your matter.

In Australia, in most cases, care of children (previously referred to as ‘custody’) is shared between parents by agreement. If parenting time is disputed and the matter is decided in court, the court will consider what is in the child’s best interests and the capacity of both parents to care for their child or children. The age of the child/ren and current caregiving arrangements will be considered, and any risks to the children, due to family violence or other factors, will be assessed.

A baby who is still being breastfed would likely need to be with their mother more, with short visitation for the father, in most circumstances. An older child who expresses a wish to be with one parent more would potentially have some say in the outcome of a matter. There are many factors taken into account, which our Brisbane child custody lawyers can discuss with you, based on your particular circumstances.

Possibly. If you have full-time care of your child, you may be able to apply for sole parental responsibility for decision-making related to your child. If you have shared care, you may still be able to get sole parental responsibility if you can demonstrate why this is in the best interests of your child. This may be due to high conflict or an uncooperative co-parent, or due to abuse, neglect, safety or family violence concerns.

No parent in Australia has automatic rights to time with their child, whether a mother or a father. Both parents have parental responsibility to care for their child/ren, and to ensure that they are taken care of and their needs are met, regardless of who has care of the child. 50/50 care, or similar shared care arrangements, have become more common in recent decades, but there is no set percentage or automatic right given to either parent. Arrangements must be either agreed upon by parents or agreed upon by the courts, based on the best interests of the child.

The courts look at a number of factors relevant to section 60CC of the Family Law Act (1975). This includes a child being safe and protected from harm, a child’s development and their ability to have meaningful relationships with their parents and other people with whom they have strong bonds with. This section of the act also considers a child’s culture and voice (their say in a matter), and both parents’ capacity to provide a safe and healthy environment. The court decides on these factors at its discretion based on this guiding principle of Australian family law.

In effect, consent orders and parenting orders are the same order; it’s how each is made that is different. Consent orders are orders that both parents agree on and consent to making. Parenting orders are the same type of order, but the court makes the final decision on the orders.

In most cases, yes. The Federal Circuit and Family Court of Australia requires that parents attend mediation or FDR before making a parenting application in court, and that both parents make a genuine effort to resolve matters between themselves. The only exception to mediation is when there is an urgent matter needing to be addressed, safety concerns or family violence dynamics.

If mediation is not successful, your mediator will supply both parties with a s601 certificate, which is valid for 12 months. The court requires that a s 601 certificate be added to applications for parenting matters that do not have an exception to providing one.

A child custody lawyer in Brisbane may charge three to eight hundred dollars for one hour of advice. This fee is generally based on a lawyer’s seniority and any special accreditations or training. Parenting plans and consent orders will generally cost somewhere in the thousands, depending on whether parents agree and how much negotiation, communication, and administration are required by the law firm. 

High-conflict or complex parenting matters can run into the tens of thousands, and even higher for some matters. Our team provides fixed fees for some services and transparent fees for other services. Please get in touch with our Brisbane child custody lawyers today to discuss your matter.