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. arents may be able to agree on parenting arrangements themselves or through family dispute resolution. If formal court orders are required, our Parenting Orders Lawyers page explains that process in more detail.
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 about where your children live, the time they spend with each parent or other parenting arrangements, there are several ways to try to resolve the dispute. We can help you negotiate with the other parent or their lawyer and consider family dispute resolution where appropriate. If an agreement cannot be reached and formal parenting orders may be needed, we can explain your next options.
Need formal parenting orders? Learn more about applying for, changing and dealing with Parenting Orders.
Child Custody and Parenting Orders Are Not the Same Thing
“Child custody” is commonly used to describe parenting arrangements after separation, including where children live, how much time they spend with each parent and how important decisions are made.
Parenting orders are formal court orders dealing with some of those arrangements. Not every parenting disagreement requires a court order. Some parents reach an agreement through negotiation, family dispute resolution or a parenting plan.
If you need a formal court order, want to change an existing order or need help because an order is not being followed, see our Parenting Orders Lawyers service.
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?
You may be able to resolve the issue through negotiation or family dispute resolution. We can help you understand the options for reaching workable parenting arrangements. If an agreement cannot be reached and formal parenting orders may be required, we can advise you about the next step.
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.