What is Child Custody in Australian Law?
In Australia, the term “custody” is no longer used in family law. Instead, we talk about parental responsibility and living arrangements. The court’s primary concern is the child’s best interests, which include ensuring their safety, well-being, and maintaining relationships with both parents (when safe and appropriate).
Parental responsibility refers to the duties, powers, and authority parents have to make decisions about major aspects of their child’s life, such as education, healthcare, and religion. Our child custody lawyers in Brisbane will ensure you fully understand your rights and responsibilities in these areas and work with you to develop a strategy that prioritises your child’s welfare.
Child Custody FAQs
1. How Does the Court Determine Child Custody?
The court considers several factors when determining child custody (also known as parenting arrangements):
- The child’s best interests (which always take priority).
- The safety and protection of the child from any potential harm, including family violence.
- The child’s relationship with each parent and other significant people in their life.
- The willingness and ability of each parent to meet the child’s emotional, physical, and educational needs.
Our child custody lawyers will guide you through the legal process, ensuring that every aspect of your case is presented with clarity and precision, helping you achieve the best outcome for your family.
Learn about Grandparents’ Rights
2. What Are Parenting Plans?
A Parenting Plan is a written agreement between parents about the care of their children. It outlines living arrangements, time spent with each parent, and how major decisions will be made. While it is not legally enforceable, a Parenting Plan can be used as evidence if disputes arise later. It can also form the basis of a legally binding Consent Order if both parents agree.
At Cudmore Legal, we offer comprehensive advice on drafting and formalising Parenting Plans, ensuring they meet both parties’ needs while keeping the child’s best interests at the core.
Learn more about Parenting Plans
3. Can My Child Choose Which Parent They Want to Live With?
In Australia, there is no specific age at which a child can choose which parent they want to live with. However, the court will consider the child’s views, especially as they get older and more mature. The court may place more weight on these views if the child can demonstrate an understanding of the consequences of their decisions.
Our Brisbane child custody lawyers can provide advice on how a child’s wishes may be presented to the court and how this might affect your case.
Find out when a child can decide who they live with
4. What Happens If My Ex-Partner Breaches a Parenting Order?
If a parent does not follow a court-ordered parenting arrangement, you can apply to the court for a contravention order. This can result in penalties, including fines or changes to the parenting arrangements. If your ex-partner is consistently breaching orders, our child custody lawyers can help you file the necessary applications and represent you in court.
Learn more about breaching family law orders
5. How Do Special Health Conditions Affect Custody?
If your child has special health needs, the court will take this into account when deciding custody arrangements. Factors such as which parent is better equipped to meet the child’s healthcare requirements will be key considerations.
Our team can help you present your case in a way that reflects the care and attention needed for your child’s specific health conditions, ensuring they receive the proper support.
Find out how child special health conditions affect custody
Sole Parental Responsibility
In some cases, the court may decide that one parent should have sole parental responsibility. This means that parent has the authority to make major long-term decisions for the child without consulting the other parent. Sole parental responsibility is usually granted when it is not safe or practical for the parents to share decision-making duties, such as in cases involving family violence or child neglect.
If you believe sole parental responsibility may be necessary in your situation, our Brisbane child custody lawyers will help you understand the legal thresholds and gather the required evidence to support your case.
Learn about Sole Parental Responsibility
International Child Custody and The Hague Convention
International child custody disputes can be particularly complex, especially if one parent takes a child overseas without the other parent’s permission. Australia is a signatory to the Hague Convention, which aims to return children who have been abducted internationally. If your child has been taken overseas without consent, our child custody lawyers can act quickly to help secure their return.
Find out about the Hague Convention and Child Abduction
Learn what to do if your child is taken without permission
Child Support and Custody
Child custody arrangements directly affect child support obligations. The more time a parent spends with the child, the lower their financial contributions may be. Whether you need help setting up, modifying, or enforcing a child support agreement, Cudmore Legal can provide the legal expertise needed to ensure fair arrangements for both parents and the child.
Learn more about Child Support
Learn about Child Support Agreements
Learn about Adult Child Maintenance
Contact Brisbane’s Child Custody Lawyers Today
At Cudmore Legal, we understand that child custody matters are deeply personal and complex. Our Brisbane-based family lawyers are here to offer compassionate, expert guidance, whether you need assistance with parenting plans, representation in court, or advice on navigating international child custody disputes. Contact us today to schedule a consultation and take the first step towards resolving your custody matter.
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What our child custody 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
