Clear advice on parenting arrangements, from agreeing a plan to going to court, with your children’s wellbeing at the centre.
Working out arrangements for your children is often the hardest part of separating. People call it “custody”, but the law talks about parenting arrangements and parenting orders. These set out where a child lives, how much time they spend with each parent and who makes major decisions about their life.
Under the Family Law Act 1975, the child’s best interests always come first. That includes their safety, their emotional wellbeing and, where it is safe, the benefit of a meaningful relationship with both parents.
A parenting plan is a written agreement between you and the other parent about how your children will be cared for. It is flexible and a good starting point, but it is not legally enforceable.
Consent orders make your agreement legally binding. You apply to the Federal Circuit and Family Court for orders in the terms you have agreed, and the court checks they are in your children’s best interests.
We can draft your plan or orders so they are clear and workable, and help you change them later if circumstances change or a dispute comes up.
A short history of parenting law in Australia:
Under English common law, fathers usually got custody of children after a marriage ended.
Attitudes shifted towards recognising the role of both parents, and the welfare of the child became more important in custody decisions.
Created Australia’s first national divorce law. Divorce still mostly required proof of fault, such as adultery or desertion.
Introduced no-fault divorce and created the Family Court of Australia, with the child’s welfare as the paramount consideration. The idea of “parental responsibility” was added in 1995.
Over time, the Family Law Act has been amended to reflect changing views and better protect children. The most recent major changes started on 6 May 2024. They removed the presumption of equal shared parental responsibility and simplified the factors the court uses to decide what is in a child’s best interests, with a strong focus on safety.
“Custody” is the everyday word for who looks after a child, where they live and who makes decisions about them after separation. The law now uses terms like “lives with”, “spends time with” and “parental responsibility” instead.
Parenting matters in Queensland are governed by the Family Law Act 1975, a national law. The court’s focus is the child’s best interests, and it aims for children to keep meaningful relationships with both parents where that is safe. Most parents must try family dispute resolution before they can apply to court.
Both parents share major long-term decisions, such as schooling and health. It does not mean equal time.
The child spends substantial time with both parents, on a schedule that suits the family.
The child spends the same amount of time with each parent. It can work well, but it does not suit every family.
The child lives mostly with one parent and spends regular time with the other.
Parenting disputes are stressful and the stakes are high. A lawyer can help in several ways:
We explain your rights and responsibilities as a parent and every option open to you, including the changes that started in May 2024.
Emotions run high in parenting disputes. We give you calm, honest advice while keeping your child’s best interests in view.
Most parenting matters settle without a trial. We negotiate on your behalf and support you through mediation.
If your matter goes to court, we prepare your case and represent you at every hearing.
Every family is different. We work with you on a plan that suits your goals and your children.
A parenting plan is a written agreement between parents. It is flexible and can be changed if you both agree, but it is not legally enforceable. Consent orders are approved by the court and are legally binding, so there can be consequences if either parent does not follow them.
Services Australia uses a formula based on each parent’s income, how much time the child spends with each parent and the cost of raising children. We can explain your assessment and your options if it does not reflect your circumstances.
Yes. A parenting plan can be changed by agreement at any time. To change court orders, you either agree on new consent orders or apply to the court, which usually needs a significant change in circumstances, such as a move or a change in the child’s needs or safety.
We give you advice, negotiate with the other parent or their lawyer, prepare parenting plans and consent orders, and represent you in court if needed, always with your child’s best interests in mind.
In most cases, yes. Parents must try family dispute resolution and get a section 60I certificate before applying for parenting orders. There are exceptions, such as family violence or urgency. We can tell you whether one applies to you.
Not every parent does. If you and the other parent agree, a lawyer can turn your agreement into consent orders so it is enforceable. If there is conflict, family violence, a planned relocation, or the other parent already has a lawyer, getting early advice from a child custody lawyer protects your position and your children.
No. Since 6 May 2024 there is no presumption of equal shared parental responsibility, and there has never been a presumption of equal time. The court decides each case on what is in the child’s best interests. Read more about when a father can get 50/50 custody.
There is no set age. The court considers a child’s views and gives them more weight as the child gets older and more mature, but the decision is always based on the child’s best interests. See at what age a child can choose where to live.
