Case snapshot
Client name: Carla (Name changed for privacy)
Practice area: Parenting arrangements
Matter type: Contested parenting matter with a change of lawyer.
Firm: Shanahan Family Law, Maroochydore
Background
The client’s parenting matter had been in progress for a considerable amount of time. Her case was complicated at a pivotal time. Her first family lawyer withdrew from representing her right before the final hearing. The reason stated was an inability to resolve a difference of opinion.
Shanahan Family Law stepped in to prepare the client for the hearing in limited time. Our team managed the case and resolved the matter to the client’s satisfaction.
The situation now
The most frequent parenting issues our clients come to us with are disputes over joint or sole parental responsibility and where the child lives. Of almost 300 recent parenting enquiries, 32% of them involved these concerns.
The specific parenting concern we tend to get most often is disagreement with the other parent about care arrangements that are unfair or unworkable. Here are common situations we hear about:
As a young child grows, their needs change. This can clash with the details of a final parenting order the parties received from the Federal Circuit and Family Court of Australia (FCFCOA).
Genuine differences can arise between parents about what’s in their child’s best interests. This can often revolve around what the right routines are and where the child spends time, including in periods like school holidays.
Changes in a parent’s circumstances can strain their ability to maintain a meaningful relationship with their child. For example, interstate relocation for work can push one parent to become the primary carer. Such logistical issues can be crucial to a court decision.
Sometimes, one parent is constantly failing to stick to a parenting agreement. This can cause resentment between the parents and impact the children’s welfare. It may also indicate a parent’s willingness or inability to meet a child’s developmental, psychological, and emotional needs.
Hear From a Client Who Faced Similar Challenges
I just finished a stressful and lengthy custody matter. I initially started with a different lawyer, but right before final hearing she dropped me as client due to a difference of opinion. So I was feeling super stressed and anxious about going forward. But upon meeting with Dianne I instantly felt at ease, Dianne showed me kindness and compassion and really fought for myself and my family. We were able to get the best possible outcome and now I'm looking forward to putting all of this behind me and enjoying a more positive future. I can't recommend Dianne more highly she really is an amazing lawyer and a wonderful person.
—S.B.
Our approach to parental responsibility cases
In line with provisions in the Family Law Act, our approach focuses on the child’s best interests. It’s important to consider the child’s relationship with their mother and father. However, equal parental responsibility isn’t presumed to be advisable.
Taking a case on short notice that’s going to court presents challenges for the lawyer and the client. Depending on the nature of the case, there are key steps we go through:
Get up to speed on the most important aspects of the case. This may include:
Considering the current available material, such as existing interim parenting arrangements, pending applications, affidavits, and information that’s been subpoenaed.
Reviewing expert evidence from court-appointed specialists and family reports on the child’s best interests.
Looking at any concerns around a history of family violence impacting the child’s safety, such as existing domestic violence orders. This can significantly impact outcomes.
Identify the critical issues that need to be settled through the hearing.
Meet with the independent children’s lawyer, if one has been appointed, to share evidence and maintain a line of communication with the client.
Explain to the client what they can expect to happen at the hearing. This can include who will be present and the series of events that will occur. They will also know what’s expected of them, including whether they may take the witness box.
Make a practical plan for the day. Foresee potentially difficult questions the client might face on cross-examination so they’re prepared to answer honestly and without getting defensive. We are always completely honest with our clients about realistic outcomes without promising a result.
We always prioritise mediation and mutually agreed parenting plans or consent orders where possible. However, high-conflict disputes that risk the child’s long-term welfare often require clear planning and client preparation for a contested hearing.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.