Aylward Game Solicitors Incorporating James Noble Family Law Brisbane is an Accredited Specialist Family Lawyer with Queensland Law Society.
Breaking up or separating is a traumatic and difficult time for any adult. But for couples with children, often the first thought is of the impact it will have on the children. The second thought is almost always to wonder what the law says about parenting arrangements and how the separation will affect future contact with the children. At all times, you should be fully informed about your legal rights and position as well as those of the children involved.
If you are separating obtain full details about the parenting of your children, your rights, and obligations. For more information please visit our blog on Child Custody.
What do Our Experienced Brisbane Child Custody Lawyer Do
At Family Law, our team can talk you through the underlying legal principles and explain what confusing terms such as equal shared parental responsibility, and significant and substantial time mean for you and your children in practical terms. We’ll guide you through all your options to finding parenting solutions that work for you and your partner.
We’ll tell you what steps you need to take and when you need to take them. We’ll also let you know what you should avoid so you don’t compromise your legal rights. When necessary, we’ll take steps to obtain legal protection in situations involving family violence.
Please reference Sections 60 – 70 inclusively.
know which state has the highest recorded Divorce Rates in Australia?
Family law situations where you need a child custody lawyer in Brisbane
Let’s start by covering some reasons you might need to share child custody of a child and common child custody issues.
A separation proceeding can involve a child custody battle of varying degrees. While every parent wants the best situation for their children, for some, scoring a “win” over a soon-to-be-ex can become as main as physical custody of the children involved. By working with a Brisbane divorce lawyer, you can ensure that your interests are represented in any hearing and that you are putting forth the best case as a suitable caregiver.
Domestic Violence: Unfortunately, that reflects an increase in the incidence of people; sometimes think that domestic violence only includes physical violence between two people. But in fact, the definition of domestic violence in Queensland is drawn much wider. Different types of behavior and conduct range from repeated telephone calls, text messages, or emails. Following people are stalking, people go to their workplace and can encompass. Other types of behavior include what’s being described as financial abuse and the like, so these are important considerations if this affects you. And you’d like to consider whether there’s something you can do in response to protect yourself then.
Decision Making: The time is sometimes different. A happy marriage can turn into separation and then may lead to divorce. So, in this case, parental responsibility can change. It is good if both parents share the duties even after this situation. But, if the parents cannot decide, they will need help from the court. The court tries to choose to give the child a good life. In this scenario, the court can give each parent more rights and responsibilities. If a parent earns more, they will have to donate more to the child’s life.
But the parents should remember that their decision must not affect the child’s life. They have to try and give equal love to their children. This love will not just make them happy, but also they’ll have confidence in themselves. So, don’t fight in front of your children.
Violating Custody Arrangements: Just because you have one existing custody agreement does not mean both sides will adhere to it. Suppose your child’s other parent is rejected to abide by the guideline of the child custody order in place. In this case, you can work with family solicitors to file a Motion of disrespect with the court for their failure to follow the court order and pursue revocation or reduction of their child custody rights.
Types of Child Custody Arrangements in Brisbane
Aylward Game solicitors assist clients with numerous child custody arrangements that reflect the needs of parents and children. Though some think there are only three types of child custody. However, many different custody arrangements can be made, as explained below.
The most common child custody arrangement in Brisbane is joint custody, where both parents split legal and physical custody 50/50. However, there are many different types of child custody arrangements that can make be made.
Sole Custody: Before 1995, the parent could ask the court for solo parenting if they did not want their previous partner to meet their child or children. But this is not the case anymore. The family law system has changed. According to the Act, a parent may ask the court for sole parental responsibility, similar to sole custody. The court will give this order only if they find that shared responsibility will not favor the child.
Joint Custody: When possible, the courts in Brisbane will try to give a child time with both parents. This is Brisbane’s most famous legal arrangement for unmarried or divorced parents.
Grandparent Visitation Right and Custody According to Brisbane law, “a court can award companionship or visitation rights to grandparents during or after domestic relations proceeding if the grandparent has an interest in the child’s welfare and companionship or visitation is in the child’s best interest.”
Child custody is further broken down into two main types of control, legal custody and physical custody. One parent can get full physical custody of a child but share joint legal custody or vice versa.
Physical Custody: When determining physical custody, the courts will keep in mind where both parents are located about each other. For example, if both parents live in a different state, sole physical custody will likely grant sole physical custody to the one located near the child’s school. If both parents are close, they can share joint physical child custody.
Legal custody: Legal custody grants the parent responsible for the major life decisions that impact the child. Legal custody can fall under two categories: sole legal and joint legal.
Types of Child Custody and Understanding Child Custody Laws in Brisbane
Factors that determine child custody Among the factors that family courts will consider in determining custody and visitation rights are:
- Age and maturity
- History of alcohol abuse.
- Availability to spend time with children.
- Financial situation
- Physical, mental, and emotional health
- the safe and stable environment
- For older kids, the preference of the child
We support you with representation, advocacy, mediation, or collaboration to help you to attain your best outcome regarding parenting, division of assets, and spousal maintenance as painlessly and inexpensively as possible.
Family Law offers a free 20-minute initial Legal Options appointment for new clients.
This appointment allows you to discuss your situation with complete confidentiality and without any obligation.
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