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Child Custody Lawyers

We are family-oriented lawyers with a purpose to be on your side and to 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.

Why choose our child custody lawyers?

Cudmore Legal has a reputation for treating our clients with a professional, compassionate, and understanding manner. Our child 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 the 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. We 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.

Children fighting playfully

Will we need to go to 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 a lawyer involved, thinking it will hurt their semi-friendly relationship with their former ex or that it will get them nowhere. A good child custody lawyer will be able to inform you of your 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 and qualified lawyer to represent you in mediation. There are also free services available you can go to without lawyers. If the matter fails to resolve in mediation, you can apply to the court to hear the case.

What are 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 to the court for an order. This gives certainty and clarity to the future.

Parenting plans

A parenting plan is a less formal way of documenting an agreement. Parenting plans are not enforceable 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 anything.

What if I am already in child custody proceedings?

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

What will a child custody lawyer tell me?

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 child custody lawyers in Brisbane will handle your case with care, confidentiality, and compassion that you or your family deserve.

What factors are considered in 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 child custody lawyer make it worse?

Rest assured our Child Custody Lawyers Brisbane will advise you carefully with 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 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 legal 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 lawyers job to pick fights with your ex, it’s their job to resolve them. In fact lawyers have a duty not to waste the courts time with frivolous matters, so a good lawyer won’t make it worse.

How can family violence affect child custody 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.

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 family violence. However just because the presumption is rebutted does not mean that one parent will be ordered sole custody of the child. Child custody considers many important factors.

Further reading

CAN YOUR CHILD’S SPECIAL HEALTH CONDITION – IMPACT YOUR CHILD CUSTODY ARRANGMENTS?

WHAT CHILD CUSTODY FACTORS ARE RELEVANT IN CASES OF FAMILY VIOLENCE

Consultations

We understand talking to a family lawyer can make people feel very anxious and unsettled at times.  Our lawyers will make you feel at ease. When selecting a lawyer, you should choose someone who you feel comfortable with. A family 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, we usually approach child custody matters like this:

  1. You will start with a free phone consultation.
  2. If you think we are the best family lawyers for you, then we will usually proceed to an initial consult for 1 hour. The fee for the hour consultation varies, and payment is required on the day. In certain circumstances where the child custody matter includes property matters, we may be able to charge you at the end of your case.
  3. Once you have an initial hour consult, we will prepare a cost agreement.
  4. Once you agree to costs, we will begin the work.

What our 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

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