Child Custody Lawyers in Brisbane

Put your child’s best interests first and secure their bright future.

Are you currently organising custody matters? Child custody is one of the most emotionally charged and complex issues that parents can face. Whether you’re going through a divorce or separation, the well-being of your children is paramount.

An experienced child custody lawyer can walk you through the process. We can help you settle parenting arrangements, utilise family dispute resolution or represent you in Family Court if necessary.

This article aims to shed light on the intricacies of child custody and offer guidance on navigating this challenging process.

AFL - Child Custody
child custody

What is Child Custody?

Child custody is the legal arrangements concerning a child’s care, control, and maintenance. It can be divided into two main types: physical custody, which relates to where the child lives, and legal custody, which involves parental responsibility over the child’s upbringing.

Child custody can be a fraught process. Parents face many challenges. However, the right family lawyer can help resolve any concerns.

Common concerns

❌ Communication Breakdown

Effective communication between parties is crucial but often difficult to maintain post-separation. This can hinder the ability to reach amicable agreements regarding parenting arrangements.

✅ How we help

Our family lawyers are experts in child custody cases. This includes communicating with the other parent and negotiating an acceptable agreement. We can act as an intermediary and ensure your views are represented.

❌ Disagreement on Arrangements

Parties may have different views on the child’s best interests. This may include where the child should live, schooling, and health care decisions. These disagreements can lead to conflicts that are hard to resolve.

✅ How we help

The Family Law Act is concerned primarily with the child’s best interests. Our lawyers have a detailed understanding of what the Court considers in child custody cases. We can advise on the most effective arrangements. If disputes continue, we can support your case effectively in Court.

❌ Legal Complexity and Costs

The legal process for resolving custody disputes can be complex and costly. Understanding legal rights and navigating court proceedings can be daunting. The financial burden of legal representation can be significant.

✅ How we help

We can simplify the process through effective mediation and court representation. We also offer fixed-fee services to ensure you can control costs and always know where you stand.

Why Child Custody Matters

Emotional Stability

Children thrive in stable environments. A well-thought-out custody arrangement can provide the emotional security your child needs during a tumultuous time.

Parental Involvement

Both parents play a crucial role in a child’s development. A fair custody arrangement ensures parents can actively participate in their child’s life.

Legal Obligations

Custody decisions come with legal responsibilities, such as child support. Understanding your custody arrangement helps you fulfil these obligations.

Types of Child Custody Arrangements

Joint Custody

Both parents share physical and/or legal custody.

Sole Custody

One parent has exclusive physical and/or legal custody.

Shared Custody

Physical custody is shared, but one parent may have primary legal custody.

Split Custody

In families with multiple children, each parent takes physical custody of different children.

How to Approach Child Custody?

Consult a Lawyer

Legal advice is essential for understanding your rights and options.

Open Communication

Try to maintain open and respectful communication with the other parent.

Child's Best Interests

Always consider what is best for your child, not just what is convenient for you.

Court Mediation

If an agreement can’t be reached, court mediation or a custody evaluation may be necessary.

Child custody is a complex issue that requires careful consideration and planning. While it’s an emotionally charged subject, the focus should always be on the child’s well-being. Legal advice is invaluable in helping you navigate the complexities and arrive at a fair and sustainable arrangement.

How Andrews Family Lawyers Can Help You?

Ensuring Full Disclosure

We ensure a complete and honest disclosure of financial information from both parties. This transparency is crucial to avoid any misunderstandings or ambiguities in the agreement.

Tailoring to Individual Needs

Our firm approaches every agreement case by case. We take the time to understand our client’s specific circumstances and needs. Using generic templates that might not cover all relevant issues could lead to misinterpretation.

Clarifying Terms and Conditions

We will clearly define the terms and conditions of the agreement. The terms may include the division of assets, spousal maintenance, and other financial obligations. This avoids ambiguity as part of our duty to provide independent advice.

Negotiation and Mediation Skills

We always emphasise negotiation and mediation over litigation. In cases of disagreements or potential for ambiguity, we will work to reach a clear and mutually agreeable solution.

Our Process

Planning The Case
  • Initial Consultation: Meet with the client to understand their specific needs and concerns.
  • Legal Research: Conduct thorough research to understand the legal implications of the case.
  • Strategy Development: Develop a comprehensive strategy tailored to the client’s situation.
Detailly Evaluate Situation
  • Financial Assessment: Review all financial documents and assets involved.
  • Parenting Assessment: If children are involved, evaluate the best interests of the child.
  • Risk Analysis: Identify any potential risks or challenges that may arise during the case.
File Case To The Court
  • Documentation: Prepare all necessary legal documents, such as petitions, affidavits, and financial disclosures.
  • Filing: Submit the case to the appropriate court jurisdiction.
  • Court Appearances: Represent the client in court hearings and negotiations.

Why Choose Andrews Family Lawyers

Choosing a law firm that specialises in this area and puts your needs first is essential. Andrews Family Lawyers is an excellent option for a few reasons:

Expert Advice:

We deeply understand family law and can guide you step by step through the process. We’ll make sure everything is done correctly and efficiently.

Personalised Attention:

Every case is unique, so we take the time to understand your circumstances. Your concern will be tailored to your specific needs and goals.

Proven Success:

We have an excellent track record of handling cases successfully. You can trust us to handle your case with professionalism and care.

Client-Focused Approach:

We want to ensure you feel comfortable and informed throughout the legal process. We’ll do everything possible to make it as stress-free as possible.

Accessible and Supportive:

Our team is approachable and supportive. We’ll keep you informed every step of the way and provide the support you need to get through the process.

Expert Help When You Need It Most

Don’t go alone if you’re facing a child custody battle. At Andrews Family Lawyers, we specialise in family law and can guide you through every step of the custody process. Contact us today for a consultation, and let us help you secure the best possible future for your child.

Meet Peter Andrews

Legal Practitioner Director

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.

Peter began his practice, Peter Andrews Lawyer Pty Ltd, in 2013. After many years of success, the business was rebranded Andrews Family Lawyers in 2022.
Peter is a married father of three young, intelligent and often annoying children who are still lovely.

Trusted By Our Clients

With a proven track record in resolving complex family law issues, we've earned the confidence and trust of families across north Brisbane.

Peter Andrews was so helpful resolving an odd property dispute with an ex partner. He listened without judgement and acted quickly to resolve the matter, I honestly could not have copied without him, an absolute godsend!! Thank you Peter!

Lauren Myslinski CLIENT

Peter is an outstanding lawyer, with the knowledge, experience and stamina to succeed in family law matters. Would highly recommend his services to anyone who needs to achieve a successful outcome in their proceedings.

Fabio Mazza CLIENT

Confused About Child Custody ? Get Clarity Here!

Our Services

At Andrews Family Lawyers, our legal practice areas are carefully tailored to address a broad spectrum of family law matters. With a dedicated team of expert family law specialists in Brisbane and 20 years of experience, we excel in providing comprehensive legal services across various practice areas, ensuring that our clients receive the specialised guidance they need.

Let Us Help You !

We’re here to provide expert guidance and support for your legal needs.

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Child custody is one of the most critical factors in family law. Custody arrangements can incorporate one or both parents.

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Frequently Asked Questions (FAQ's)

Children don’t have sole discretion to decide their custody arrangements. However, the Court may consider the child’s views under specific circumstances. The Court will consider factors like the child’s maturity and age to determine what weight to give the child’s wishes.

Parenting orders can be altered if the Court is satisfied that there has been a significant change in the child’s circumstances. These changes may be warranted if the parenting order was made when the child was very young. Significant changes may include a parent’s relocation or one party remarrying.

If one party breaches a parenting order without a satisfactory excuse, the Court can impose various penalties, including:

  • Ordering the respondent to attend a parenting program to understand their child’s needs and the importance of the order;

  • Changing the parenting order to compensate the aggrieved party. This may involve increasing their contact with their child.

Multiple breaches may attract a more severe penalty, such as:

  • A fine;

  • Imprisonment for up to 12 months;

  • Community service;

  • Responsibility for covering the aggrieved party’s legal expenses.

The law recognises that children have a right to maintain a relationship with their grandparents. Grandparents may apply for court orders relating to children for various reasons, including:

  • A parent is preventing the grandparent from maintaining a relationship with the child;

  • The grandparent believes that one party is unfit to parent the child;

  • There’s a risk of child harm when in one parent’s care.