Swanwick Murray Roche can assist you with child custody arrangements, leveraging the experience of our Rockhampton-based parenting and child custody lawyers who go above and beyond.
Let our child custody lawyers help you
Parenting disputes or custody issues commonly arise during and after separations. Sometimes, Mum or Dad won’t let the other parent see the children. Sometimes, a parent takes the children away from their home town. Sometimes, a parent refuses to support the children, whether financially or at home. There are so many situations that arise. While one solution might suit one person, the law or circumstances might result in something different for another parent. It can be a confusing time.
We know the answers.
It is important to get the right advice, as early as possible. We can help you understand your rights and options under the Family Law Act, create a strategy for your child custody disputes, and find the best way to resolve the issue quickly. It’s crucial to seek legal advice early to avoid unknowingly compromising your rights in a Family Court proceeding. We also offer support to reduce the impact of family violence on you and your children.
We can help you:
- Know your rights and options
- Create a strategy for your dispute
- Outline ways to resolve the dispute as quickly as possible
- Help you seek support to reduce the effect of the dispute on you and your children
Our child custody lawyers know how parenting law works
Disputes can be resolved and settled by:
- Making a written agreement between parents. Having a lawyer review and settle this agreement is useful to ensure all common and relevant aspects of custody are included in the document
- Obtaining an agreement via mediation or formal Family Dispute Resolution process
- Obtaining a court order from the Federal Circuit Court of Australia
Family dispute resolutions
All parties involved in a parenting or custody dispute, whether married or in a de facto relationship, must attend Family Dispute Resolution if the dispute proceeds to court. This process where the couples attend mediation is designed to resolve custody and parenting issues outside of court. We can assist you in preparing for the process, helping you understand what an experienced child custody lawyer would recommend for the best outcome. If the child’s care arrangements are not agreed upon during the dispute resolution process, ideally, you’ll want to know what the family court is likely to order for your situation.
You can also choose to voluntarily engage in Family Dispute Resolution to potentially avoid filing in court if you’re able to settle the matter beforehand. This can help ensure the child’s best interests are kept at the forefront and may allow you to create a mutually agreeable parenting plan without needing to go to trial.
Child’s rights in custody dispute
The rights of children are the guiding principle behind all decisions made by family law courts. These rights may sometimes differ from what you believe is best for the child, which is why it’s important to seek legal advice to ensure your approach aligns with the law. To protect children and a child’s emotional welfare, the family court considers the following core principles:
- Children have the right to be properly cared for and protected from harm.
- Both parents should, whenever possible, be involved in their child’s life, fostering a meaningful relationship.
- Parents are responsible for providing care and making decisions in the best interest of their children, including matters like child support and child support payments.
These principles guide the legal process and help inform decisions about issues like custody and a parenting plan. For those navigating these matters, consulting experienced family lawyers can ensure the child’s best interests are always at the forefront.
Court considerations when deciding child custody
The court considers a range of factors before deciding on a child custody matter. The court must first consider if an ‘equal time’ arrangement is appropriate or if a ‘significant and substantial’ time arrangement is appropriate. They are able to do this by looking at the ‘best interest’ factors. This includes matters such as, the child’s wishes, the current living arrangements, and many more. As part of child custody law, the court must also consider if the arrangements proposed are ‘reasonably practicable’.
Each case is unique, but anything to do with a child’s wellbeing can impact the final decision. There are so many factors that could be relevant, so it is important to seek proper advice from our experienced Rockhampton-based child custody lawyers.
Parental responsibility and its relevance
The law presumes that both parents have shared parental responsibility. Under a shared parental responsibility arrangement, parents play an equally important role in deciding the big issues in a child’s life such as, education and health. However, in child custody cases, the court can alter this presumption if it is determined that shared responsibility is not in the child’s best interests, such as in cases involving abuse or family violence. In these situations, the court may grant sole parental responsibility to one parent.
If you’re involved in family law matters, it’s crucial to understand how these decisions affect your child custody agreement, especially when considering the role of the other parent or when vying for sole parental responsibility.
A child’s preferences
Children in Queensland do not need to meet a specific age requirement before their wishes can influence a child custody matter. However, if a child expresses a wish as to which parent they want to live with, their emotional maturity will need to be assessed.
Even though a younger child’s views are of interest, the court is more likely to seriously consider and give more weight to the opinion of a child in their mid-to-late teens. Should a child’s wishes change as they grow older, a child custody agreement can be altered to suit their needs.
What makes our child custody lawyers different?
Our child custody lawyers understand that during one of the most emotional times in your life, you need more than just legal advice. We focus on your concerns, whether it’s financial security, personal safety, or the care of your children. You’ll get clear, upfront information about legal costs and regular updates as your case progresses. We’re here to provide practical, results-driven advice, not just draft court documents.
Many clients don’t know their options, especially when well-meaning advice from friends and family isn’t always accurate. Our experienced family lawyers in Rockhampton take a holistic approach to your case, guiding you through the entire child custody process with strategies based on decades of experience. This helps you feel confident moving forward with your life.
Here’s what happens at your first appointment:
- You meet with an experienced lawyer
- You get clear advice about legal costs and an estimate for the duration of your case, including potential steps like family law mediation
- our lawyer listens to you and understands your matter
- our lawyer gives you some basic advice about how we start and handle your matter going forward
We’ll explain how we plan to handle your matter going forward, including options for binding child support agreements or assisting you in pursuing a case in the Family Court of Australia or the Federal Circuit and Family Court of Australia if required. We will also guide you on how to spend time with your child. We’ll help you put in place an arrangement that works for both you and your ex-partner guided by our expert legal advice. In child custody cases, we take a strategic, thorough approach to ensure the best possible outcome.
FAQs about child custody & parenting matters
What happens if I can't agree on parenting arrangements with my ex?
If you and your ex partner can’t agree, it’s best to seek legal advice early. You may need to go through mediation or apply for a parenting order if an agreement isn’t possible. Our experienced family lawyers can help you understand your options and protect your child’s best interests.
Can I protect my child from a parent who poses a risk?
Yes. If there is a history or risk of domestic violence, the court will prioritise the child’s safety above all else. This includes protection from physical or psychological harm, and it may impact custody arrangements significantly.
How does the court decide what’s best for the child?
The court focuses on maintaining a meaningful child’s relationship with both parents, provided it’s safe. The family court process considers many factors, including parenting capacity, history of care, and any risk to the child.
Do I need support from child custody lawyers for a parenting dispute?
Working with an experienced family law firm like SMR ensures you receive expert guidance tailored to your unique circumstances. Parenting disputes are often complex, and having the right support helps you navigate legal challenges and advocate for your child.
What principles guide parenting decisions under Australian law?
Under Australian family law, courts presume equal shared parental responsibility unless it’s not in the child’s best interests (e.g. due to safety concerns involving a former partner). The court’s goal in parenting matters is to create an agreement that outlines parenting arrangements clearly, promoting stability and well-being for the child.
Our family law team
Our family law team members are experienced and regularly participate in specialist seminars, reading industry updates, court decisions and legislative amendments. The team stays in contact with industry professionals, such as forensic accountants, investigators, valuers, real estate agents, to ensure we have great working relationships with the right people when you need it.
Resources & links
Visit our Family Law Resources link for recent legal updates and property resources that may be helpful. Keep in mind that these are general guidelines. For specific advice, contact us, as your situation may differ from what’s described.
Family law matters often involve issues that require support from experienced professionals. Here are some links to resources that may assist you:
Quick links for our most commonly used family services:
Divorce & Separation | Divorce Property Settlements | Adoption | Adult Child Maintenance | Binding Financial Agreements | Spousal Maintenance | Parental Child Abduction | Superannuation Splitting | Domestic Violence Orders
