Child Custody Lawyers
Child custody matters can be one of the most challenging aspects of any family law case.
We act for parents, grandparents and other interested parties in relation to a broad range of parenting and child custody matters; from simple living arrangements for children to disputes involving complex issues such as relocation, overseas travel and family violence.
The role of a child custody lawyer is to alleviate the burden of separation or divorce by providing professional representation for your interests. We also understand that your children’s best interests are also important to you, so you can feel confident that our advice will always be thoroughly and carefully considered with them in mind.
Parenting disputes can be settled out of court formally through consent orders, or informally through a parenting plan. Each method has different advantages and disadvantages, and it is important you receive advice about your options if you have reached an agreement with the other parent. We can provide you with advice as to the enforceability and flexibility of each option and which option is appropriate for your needs and the needs of your children.
What is a Parenting Plan?
A parenting plan is a written agreement you make with your former partner about parenting arrangements for your children. It’s up to you and your former partner to decide what should be included, for example:
- Where the children will live
- How the children will divide their time
- Where they will go to school
- Who will pay for what
- Arrangements for occasions such as birthdays
- Medical care
The parenting plan isn’t legally enforceable unless you ask a court to make orders based on the plan (consent orders). However, it’s a valuable record of your agreement with the other parent.
What is considered when making a parenting arrangement?
When making parenting arrangements, what is taken into account will depend on your circumstances, for example:
- Location of your children’s school
- Your children’s activities, including out-of-school activities
- Care requirements
- Medical treatment requirements
- How you share the financial responsibility with the other parent
- How you communicate with the other parent
- The children’s wishes
Types of custody
There are two main types of child custody: sole custody and joint custody.
Sole custody gives one parent the right to make decisions regarding the child’s welfare and upbringing. This includes decisions about schooling, medical care, and religious upbringing.
Joint custody allows both parents to have a say in these important decisions, but one parent may still retain ultimate decision-making power.
In addition, split or shared custody is also available in some cases. This means the child spending time with both parents. In all types of child custody arrangements, the best interests of the child are always taken into consideration when making decisions.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Child Custody Law Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Represent You in Court
Arrange Parenting Agreements
Arranging Family Dispute Resolution
Discussing Your Childs Needs
Seeking Court Orders
Client Testimonials and Reviews
Frequently Asked Questions
What orders can a court make?
If you and your partner cannot come to an agreement prior to going to court, the court can make parenting order on your behalf.
The Court has the power to make orders with respect to:
Who the children will live with.
When the children will spend time with the other parent.
The responsibilities of each parent.
Changing or varying previous orders.
What does "in the best interest of the child" mean?
The concept of children’s best interests is based on the need to protect their rights and promote their welfare, allowing them to reach their full potential. In family law, these two key considerations are often expressed as:
1. The children’s right to have meaningful relationships with both parents
2. The children’s right to be protected from harm, including abuse, neglect, or violence
When working out children’s best interests, Australian family laws require that a court must consider a range of factors, including:
· The children’s wishes
· The nature of their relationship with both parents and other significant people
· How a change of circumstances will impact the children
· Each parent’s ability to meet the children’s needs
· The age, lifestyle, culture, and traditions of the children
· The risk of harm to the children
What is the most common child custody arrangement?
The most common child custody arrangement is joint custody. This type of arrangement allows both parents to have a say in decisions related to their child’s life, such as education and medical care.
Joint custody also allows for parents to have equal time with their child, with each parent having physical and legal custody rights. This means that both parents are responsible for the decisions regarding their child’s upbringing, and both have the right to spend time with their child on a regular basis.
What are consent orders?
If both parties have reached agreement about parenting and/or financial/property arrangements and want to formalise the agreement to make it legally binding, you can apply for consent orders. Consent orders can also be used to vary or discharge existing family law orders.
What happens in cases of family violence?
In situations where there are allegations of family violence towards a child in parenting disputes, the Court must consider the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence. When making these considerations the Court places greater weight on the need to protect the child.
