Child Custody Lawyers Newstead
Separation is hard enough without uncertainty about your children. We help parents in Newstead and across Brisbane who cannot agree about where the children live, how much time they spend with each parent, or who makes major decisions. We explain your options in plain language so you can choose your next step. Book a free 20-minute consultation.
What Is Child Custody in Australia?
Child custody is the everyday term for parenting arrangements after separation: where your children live, how much time they spend with each parent, and who makes major decisions. The Family Law Act does not use the word custody. It refers to parental responsibility, who children live with and spend time with, and parenting orders. Parents can agree a parenting plan, make their agreement binding through consent orders, or ask a court to decide. Most parents start by trying to agree.
What Do Parents Usually Disagree About?
These are the questions we most often help parents work through.
Where the children live
Which home is the children’s main home, or whether they will divide their time between two homes. There is no fixed rule. The court looks at what is in each child’s best interests, and it puts the child’s safety first.
Time with each parent
The weekly routine, school holidays, special days and how handovers work. Arrangements can be written to suit the ages of your children and each parent’s work and travel.
Parental responsibility and major decisions
Parental responsibility is the authority to make major long-term decisions, such as schooling, health and religion. Parents can share it or split decisions between them. We can explain how it works in your situation.
Relocation
One parent wants to move with the children, or the other parent objects to a move. Relocation disputes are decided on the children’s best interests, and the facts of each case matter. Get advice before you move or before you agree to a move.
What Happens When Parents Cannot Agree?
If you cannot agree, you still have options, and going to court is usually the last one. First, negotiation: we can advise you and speak to the other parent or their lawyer. Second, family dispute resolution, also called mediation, with a neutral practitioner. Before applying to court for parenting orders, parents generally must make a genuine effort at family dispute resolution and get a certificate, unless an exception applies such as family violence or urgency. If agreement is not reached, either parent can apply to the Federal Circuit and Family Court of Australia. The court decides based on the children’s best interests.
How We Help You Reach an Agreement
We match the approach to how much conflict there is between you and the other parent.
Advice on your situation
We listen to what is happening, explain how the law applies and outline realistic options. You leave the first meeting knowing your next step.
Negotiation and parenting plans
We help you set out proposed arrangements and negotiate them with the other parent. A parenting plan is a written agreement, but it is not a court order.
Mediation
Most parents try to reach agreement before going to court. Family dispute resolution gives you a structured way to talk with a neutral practitioner. If you have safety concerns, speak to us about your options first. Read about our Family Mediation Services.
Consent orders
Once you agree, consent orders can make your arrangements legally binding. The court will only make orders that meet the current law. Our Consent Order Lawyers page explains the steps.
Court
If your dispute cannot be resolved, we prepare your application and represent you.
Related Situations
Child support
Child support is separate from parenting arrangements. It deals with how parents contribute financially to their children’s needs. See our Child Support Lawyers page.
Grandparents
This page is written for parents. Grandparents can also apply for orders in some situations. See our Grandparents Rights Lawyers page.
Orders not followed
If the other parent is not following a parenting order, see our Contravention of Parenting Orders page.
Family violence
If you or your children are at risk, safety comes first. In an emergency, call 000. To talk to our team, call (07) 3062 9493. See our Domestic Violence Lawyers page.
Why Choose Us?
Peter is a qualified legal practitioner with over twenty years of experience, predominantly in family law. Peter began his career with Clayton Utz before moving into suburban practice in 2007 with a focus on family law settlements.
The practice started in 2013 and has traded as Andrews Family Lawyers since 2022.
Our office is at Gasworks Plaza, Lobby 1, Level 2/76 Skyring Terrace, Newstead.
We explain costs before you commit.
Let Us Help You !
We’re here to provide expert guidance and support for your legal needs.
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Frequently asked questions
What are child custody arrangements in Australia?
Child custody arrangements are the agreements or orders that set out who your children live with, how much time they spend with each parent, and who makes major decisions. The law uses the terms parental responsibility, live with and spend time with, rather than custody. Arrangements can be a parenting plan or a court order.
Can children decide who they live with?
A court considers a child’s views, and the weight it gives them depends on the child’s age, maturity and circumstances. There is no set age at which a child decides alone. |
What if we cannot agree about where the children live?
Try negotiation and family dispute resolution first. If that fails, either parent can apply to the Federal Circuit and Family Court of Australia, and the court decides based on the children’s best interests. A lawyer can advise you before you take that step.
Do we have to try mediation before going to court?
Generally yes. Before applying for parenting orders, parents must usually make a genuine effort at family dispute resolution and get a certificate, unless an exception applies, such as family violence or urgency.
Can I move away with my children?
It depends on the circumstances. If the other parent does not agree, the court decides based on the children’s best interests. Get advice before you move, because moving without agreement or an order can affect any later court case.
How long does a child custody matter take?
It depends on whether you and the other parent agree, and how busy the court is. Agreements reached through negotiation or mediation are usually faster than a court decision. We can give you an idea of timing after we hear your situation.
What is the difference between child custody and child support?
Child custody (parenting arrangements) is about where the children live and the time they spend with each parent. Child support is about how parents contribute financially to the children’s needs. They are decided separately. See our Child Support Lawyers page.