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Child Custody Lawyers Brisbane

Cudmore Legal Family Lawyers Brisbane are family-oriented lawyers with a purpose to be on your side and negotiate the best possible outcome for you. Your lawyer needs compassion, understanding and to be able to guide you with logic, reason and your best interests in mind. If you are unsure what to do about your family law issues and need trusted, independent legal advice, book a consultation with our family law team to discuss your matter.

Why choose Cudmore Legal Family Court Lawyers Brisbane?

Our Brisbane family law firm has a reputation for treating our clients in a professional, compassionate, and understanding manner. Our family court custody lawyers provide legal advice and counsel with an understanding that child custody is often one of the most difficult issues to resolve. Often people are unaware of the long-term impact of child custody disputes and it’s important to have a sensible ally on your side. Emotions are heavy in child custody disputes which makes it one of the most difficult areas in family law. We want to guide you to make good choices for your family and your future long-term. It’s easy to turn minor bickering into a larger dispute that ends up in court, we don’t want that to happen to you. Our family lawyers in Brisbane will give you honest and realistic advice. Unfortunately, the other party will be in your life for a very long time and what happens in family court can haunt that relationship forever.

Will we need to go to divorce or Family Law Court for custody?

Most of the time, in a child custody matter, you do not have to go to court. In fact, it’s the last resort.

Often people are worried about getting family law solicitors involved, thinking it will hurt their semi-friendly relationship with their ex partner or that it will get them nowhere. An experienced child custody lawyer will be able to inform you of your legal custody rights and how best to achieve them without aggravating the other side.

You and your former spouse must try to resolve things before going to court. This resolution process is called ‘family dispute resolution’, and it is compulsory in all family law matters that involve children. This is to reduce legal and court costs and help parents reach agreements.

It’s essential to have a skilled, qualified and professional family lawyer to represent you in mediation. There are also services available you can go to without divorce custody lawyers. If the matter fails to resolve in mediation, you can apply to the court to hear the case.

What are family law parenting consent orders?

Consent orders for parenting matters are orders made by an agreement without the intervention of the Court. They have the same effect as they would if a judge had ordered them. They are final and binding. Usually, parties will agree about care, document it and apply for a court order for child custody. This gives certainty and clarity to the future.

Parenting plans legal advice

A parenting plan is a less formal way of documenting a child custody agreement. Parenting plans are not enforceable like a custody court order however they can be taken into account when determining child custody. A parenting plan provides flexibility in the first few months when things are getting settled and allows your children to adjust before finalising parenting arrangements.

What if I am already in child custody family law proceedings, can you help?

If you are already in the family court process and require representation in Family Law Court, we can help you too. We work alongside some of the best family law lawyers so you can rest assured you will have the best child custody lawyers for family court matters to protect you and your children/s legal rights.

What will a Brisbane child custody lawyer tell me about my separation?

In Australia, we follow the “best interests of the child” doctrine, which means the child’s best interests are the paramount consideration for the court. The court can also take into account literally dozens of factors to determine where the children should reside as their primary residence and which parent should make important decisions in the child’s life like educational, religious, and medical decisions. Child custody can also include grandparents or other people concerned with the care of the child. Our Family Law Court lawyers will handle your case with care, confidentiality, and compassion that you or your family deserve.

What factors are considered in divorce and child custody matters?

The factors most typically considered:

  • personal views of the children;
  • competing proposals of the parents;
  • physical or mental health issues of all parties involved;
  • history of violence by either of the parents;
  • the relationship between the child and the parent;
  • home environment each parent can provide for the child;
  • recommendation by any expert social workers and psychologists.

This list is by no means exhaustive.

Will hiring a family lawyer make it worse?

Rest assured our Child Custody Lawyers in Brisbane will advise you carefully with a strategy in mind. The idea that a lawyer is pointless or will make it worse is a common myth, usually held by most fathers. The truth is, going to a lawyer and knowing exactly where you stand will often yield faster results than if you had tried to continue to negotiate yourself. Even if you have no intention of going to court, having a brief chat with a family custody lawyer is an excellent way to start. You don’t need to advise the other person, and it is in your children and your interests to at least know your family law custody rights. In most cases, child custody lawyers will pull you up if you’re being unrealistic and stop you from pursuing goals that won’t be in your long-term interest. It’s not a lawyer’s job to pick fights with your ex, it’s their job to resolve them. In fact, lawyers have a duty not to waste courts time with frivolous matters, so it won’t make your legal issues worse if you hire a family lawyer.

Can my lawyer go to family court for me?

A family lawyer from Cudmore Legal can indeed represent you during most family court matters. This means your child custody lawyer can make legal arguments, present evidence, and negotiate settlements on your behalf, which can be particularly beneficial if you find the prospect of appearing in court overwhelming or if you are unable to attend due to personal reasons. However, there may be certain instances, such as compulsory mediation sessions or specific hearings where your presence might be required. It’s essential to discuss the specifics of your case with your family custody lawyer to understand fully how they can support you through every step of the legal process.

How can a child support lawyer Brisbane assist with my family law matter?

Child custody arrangements directly influence divorce child support obligations, as the amount of time each parent spends with the child can affect the financial contributions required. Whether you are establishing, modifying, or disputing child support arrangements, having an experienced Brisbane family lawyer from Cudmore Legal by your side ensures that both your custodial and support arrangements are handled with expertise and care, providing peace of mind during a challenging time.

Our lawyers working in family law start with a detailed discussion to understand the complexities and sensitivities of your situation and the needs of your child. We facilitate negotiations and mediation to reach mutually agreeable child support arrangements, minimising conflict and stress. If necessary, Cudmore Legal’s child support lawyers provide robust legal representation to protect your rights and your child’s best interests in court. We offer continued support and advice for any future modifications or enforcement of child support arrangements.

How can family violence affect child custody family law arrangements?

Under section 4 of the Family Law Act, family violence is conduct either actual or threatened by a person towards a person, or towards the property of, or a member of the person’s family that causes that member or any other member of the person’s family to reasonably fear for their well-being or safety.

The law of presumption of shared responsibility

In child custody cases there is a presumption of shared parental responsibility. Parental responsibility includes things like deciding on schools, extracurricular activities and health decisions. It is NOT a presumption of equal shared care (i.e 50/50 time with each parent).

Rebutting the presumption

S61DA of the Family Law Act rebuts the presumption of shared responsibility in cases where there has been an abuse of the child or another child in the family or domestic violence. However just because the presumption is rebutted does not mean that one parent will be ordered sole parental responsibility for the child. Child custody considers many important factors.

Divorce and Family Law Consultations

We understand talking to a family law custody lawyer can make people feel very anxious and unsettled at times. Our Brisbane family lawyers will make you feel at ease. When selecting a lawyer, you should choose someone who you feel comfortable with. A family court lawyer who’s good at her or his job will be able to reduce the pain when dealing with child custody issues. Hiring a professional lawyer who will fight for you is vital to protecting your rights and making sure that your family is cared for in the way that they deserve. If you hire Cudmore Legal as your divorce and custody lawyers, we usually approach child custody matters like this:

  1. You will start with an initial consultation with our experienced family lawyers.
  2. In the consultation, we will discuss the likely outcomes you can expect and the costs associated with those outcomes.
  3. We will prepare a cost agreement.
  4. Once you agree to costs, we will begin the work.

What our Brisbane family law clients say

Luke is an amazing family lawyer who provided me with a fantastic outcome in my parenting matter. Luke always gave personal one on one service and was there with me from start to finish. He gave me the best in and out of the court, always maintaining his professionalism and integrity. I would personally recommend Mr Cudmore for those who need help to reach a positive and speedy outcome in their family law matter. – Selina

The kindness Luke extended to me was noted by Christopher, my son who said to me, “Dad I like Luke he was very decent and kind to you”.

I would go to no other Lawyer if I needed Legal advice. I am so thankful we met because I know if I ring his number he will answer and if he is engaged he will always return my calls. I sing his praises because he is kind, caring, empathetic and professional in every way. Thank you Luke Cudmore. You are a True Gentleman . – Michael

Child Custody Initial Consult Average 4.9 Stars

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