When children are involved in family law matters, emotions and decisions become much more complicated. Our expert team at Emerson Family Law specializes in child custody, support, and protection cases. With emotional intelligence and deep experience in children’s issues, we work tirelessly to secure arrangements that safeguard your child’s future, ensuring their best interests remain at the heart of the process.
Protecting What Matters Most: Your Children
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.
We Always Prioritize the Well-Being and Interests of the Children.
We Minimise Conflict and Emotional Distress for the Children.
We Identify Issues Early On and Explore Amicable Settlement Options.
We Promote a Continued Relationship Between Children and Both Parents.
We Avoid Unwarranted, Hostile, and Inflammatory Exchanges.
We Pursue Legally Sound Resolutions, Always Keeping Your Children in Mind.
Common Issues Related to Child Custody in Australia
- What Does PART VII of the Family Law Act 1975 (CTH) Mean for Children's Matters in Brisbane Court?
- How Are Parenting Arrangements Determined or Negotiated?
- When Is Mediation Not Suitable?
- What Are the Legalities of Relocating Children Within Australia?
- How Can Recovery Orders Help in Bringing Children Back?
- How Does The Hague Convention Affect Removing Children from Australia?
- What Should Grandparents Know About Separation?
- How Does the Family Law Act 1975 (CTH) Affect Grandparents?
- Is Mediation an Option for Grandparents?
- What Rights Do Grandparents Have?
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
- Turn to your support network to work through your own emotions rather than to the grandchildren.
- Try to keep positive relationships with both parents.
- Be there for your grandchildren and listen to their feelings.
- Don’t talk to your grandchildren about your disappointment with their parent(s), but listen to their feelings.
- Don’t talk to your grandchildren about your disappointment with their parent(s), but listen to their feelings.
- Don’t talk to your grandchildren about your disappointment with their parent(s), but listen to their feelings.
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.
Top 6 Myths Regarding Domestic and Family Violence Law in QLD
What You Should Know | By Special Counsel Gavin Lai
Additional Child Support and Paternity Considerations
1. How Can Separating Parents Ensure Child Support?
Parents who are separating have two main options for securing child support:
– Apply through the Child Support Agency (CSA)
– Create a binding or non-binding Child Support Agreement
2. What Does the Child Support Assessment Process Involve?
Upon application to the CSA, an Assessment Notice is issued detailing the parent’s financial obligations. The assessment considers:
– Both parents’ income
– Number of children
– Children’s ages
– Nights each parent cares for the children
Assessments can be revised if circumstances change without the need for court intervention. For more information, visit the CSA website.
3. What Happens if Paternity is Denied?
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.
4. What are Binding Child Support Agreements?
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.
5. What if You’re Wrongly Paying Child Support?
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.
Brisbane's Best Divorce and Separation Lawyers
N B
2025-11-10
I have absolutely no hesitation in recommending Gavin Lai from Emerson Family Law. From start to finish he was kind, understanding and knowledgeable. His prompt replies and efficiency were second to none! He helped me navigate my way through an awful divorce and he achieved a terrific financial result for which I will be forever grateful.
Sarah Ryan
2025-11-06
I am incredibly grateful for the support and guidance I received from Gavin Lai, Special Counsel at Emerson Family Law.From our very first meeting, Gavin presented as kind, understanding and highly professional.Gavin took the time to truly listen, explain each step clearly, and ensure that I felt informed and supported at every stage. His calm and practical approach helped me navigate difficult decisions with confidence and clarity. I consistently felt that my children’s best interests and my wellbeing were his top priority.Gavin’s communication was exceptional - he was consistently responsive and proactive in keeping me updated, which provided great reassurance throughout the process.I would not hesitate to recommend Gavin to anyone seeking a knowledgeable, trustworthy, and compassionate family lawyer. He has made an incredibly difficult time much easier to manage, and I am deeply thankful for his help.
Sylvia Lee
2025-10-30
It is a real privilege and pleasure to work with Gavin Lai. It was a really stressful time for me and my family, and Gavin made things easy, straight-forward, understandable, and he is a really lovely person. Thank you so much Gavin, I would always very highly recommend him.
alona gilhang
2025-10-25
My journey to this unforeseen life-changing circumstance led me to Gavin Lai, he was highly recommended from a common friend. Gavin's personal approach showed he truly cared. Gavin from the get-go was proactive, honest, upfront while equally sensitive and understanding in dealing with realities of separation. He listened, provided sound advice and never overcommit. He was very responsive and will walk and run with you from start to finish. His expertise in the industry is commendable. Trusting Emerson Family Law and Gavin to handle my family matter was a great decision. Thank you so much Gavin.
Jazmine Zenoni
2025-10-23
I had the privilege of working with Gavin Lei from Emerson Family Law during a very difficult period in my life, involving complex family law matters concerning a young child. This process spanned over two years, and without Gavin’s guidance, expertise, and compassion, I honestly don’t know how I would have managed.Gavin’s insightfulness and knowledge are second to none. He consistently demonstrated professionalism, honesty, and genuine care for my situation. What I appreciated most was that he always had my best interests at heart but never sugar-coated things — he was honest, realistic, and always prepared.Thanks to Gavin, an incredibly stressful and emotional time was made that little bit easier. I can’t recommend him highly enough to anyone needing strong yet compassionate representation in family law matters.Thank you, Gavin, for everything.— Jazmine Zenoni
Bevan Muller
2025-08-20
I was going through a marriage separation and was not in a good place, but the way Gavin helped me through the process and always kept me informed helped me through all of this. I cannot thank the firm and Gavin enough.
Lucy Ting
2025-08-03
Gavin Lai has guided me (respondent in a complex and unusual family law case) for the last 15 months, that included an "out of time" threshold hearing trial. A consummate professional and prompt communicator, not the attributes that I can describe my first lawyer. I had full confidence and trust in Gavin, who navigated a good outcome!
Zoe Jayne
2025-07-30
I had the privilege of being represented by Gavin during a very challenging family court matter. Throughout the entire process, he provided not only expert legal guidance but also genuine support and reassurance.What truly stood out to me was his integrity and honesty—always keeping me informed, never in the dark, and consistently encouraging me to take the right path, even when emotions ran high. Gavin approached every step with wisdom, clarity, and a calm presence that gave me confidence during an incredibly difficult time.I’m truly grateful for the dedication, empathy, and professionalism Gavin showed me, and I wouldn’t hesitate to recommend the Emerson Family Law to anyone navigating complex family law matters.
Chris Anderson
2025-06-19
Highly recommend. I have engaged Gavin from Emerson Family Law a number of times and have found him to be extremely knowledgeable, ethical, reasonable, thorough and prompt. I doubt his communication could be bested, it is excellent. I always felt confident and informed with him as my solicitor. Having to go through a legal process for the first time can be overwhelming, and family/ friends/ strangers often give advice with no personal experience- if you want to be informed and confident, I recommend contacting Emerson Family Law for your peace of mind.
Adam Stone
2025-04-02
I was recommended to see Gavin Lai and I highly recommend him for family law matters. Gavin was a cool and steady hand to help me get through a difficult time, focusing on the big picture and using his experience to navigate the way forward and ensure things proceeded as smoothly as possible. Prompt, concise, cost conscious and focused, if you find yourself in the unfortunate position of a separation - call Gavin.
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