Navigating separation is emotionally taxing, especially when children are involved.
That’s why you should choose adept, specialised, and emotionally intelligent child custody lawyers to handle the case in your best interests.
Our expert child custody lawyers are here to guide you through children matters issues, from custody and child support to domestic violence and child protection.
Our Guiding Philosophy as Child Custody Lawyers
We understand that separation when children are involved requires delicate attention.
Our Brisbane-based legal team adheres to key principles to ensure the best outcomes for your family.
Since 2006, the Family Law Act assumes both parents share equal responsibility. This can change only in cases like family violence. The court looks at many factors in section 60CC of the Act to decide what’s best for the child.
Before filing court proceedings, parties must usually attend mediation or Family Dispute Resolution. If they agree, they can make it official with a Parenting Plan or Consent Orders. If mediation doesn’t work, they get a s60I Certificate, which lets them go to court.
Mediation may not be appropriate in cases of urgency, inability to participate, child abuse, family violence, or violation of a recent parenting order. If you fall into these categories, consult our lawyers for advice on filing an Initiating Application without a s60I Certificate.
If one parent wishes to relocate with the children, consent from the other parent is required. If consent is not given, a court application is necessary. The court considers various factors, including the child’s best interests and the reasons for relocation.
Recovery orders empower the Australian Federal Police to locate and return the child to the applying party. A Commonwealth Information Order can also be applied to assist in locating the child.
If a child is taken out of Australia, the Hague Convention can facilitate their return if the other country is also a signatory. Non-signatory countries require specialised legal action for child recovery.
Grandparents are not immune from the impact of separation. When parties separate, re-partner or remarry, there may be changes in the way grandparents interact with their grandchildren.
We have put together some pointers for grandparents who find themselves in this situation.
Tips
In 2006, changes were introduced to the Family Law Act to address the common scenario where grandparents are cut out of their grandchildren’s lives after the separation or divorce of the grandchildren’s parents.
Mediation can help grandparents negotiate time with their grandchildren, which can be formalised in a Parenting Plan. If mediation fails, a court application may be necessary.
Our expert family lawyers can explain the legal process involved in gaining contact with your grandchildren and your rights under the Family Law Act.
The Family Law Act states that children have a right to spend time with and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development, including grandparents.
Generally, grandparents can seek legal advice to gain access to their grandchildren. Mediation is often the first step, and if it fails, court proceedings may follow.
Parents who are separating have two main options for securing child support:
Upon application to the CSA, an Assessment Notice is issued detailing the parent’s financial obligations. The assessment considers:
Assessments can be revised if circumstances change without the need for court intervention. For more information, visit the CSA website.
If the CSA rejects your application due to lack of paternity proof, you may need a court declaration under Section 106A of the Child Support (Assessment) Act 1989. Note that if you’re receiving social security benefits, Centrelink may require you to take ‘reasonable action’ to secure child support.
These agreements allow for flexibility in the type, amount, and duration of child support payments. They can include additional expenses like private school fees and extracurricular activities. If this suits your needs better, child custody lawyers can finalise drafting and formalising such agreements.
If you believe you’re paying for a child who isn’t biologically yours, you can seek a court declaration under Section 107 of the Child Support (Assessment) Act 1989. DNA evidence is required, and the CSA will only suspend your payments if a court declaration is made.
Before initiating court action, it’s advisable to get consent for DNA testing from all involved parties. Timing is crucial, as delays can impact the court’s decision.
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