Child Custody Lawyers Sunshine Coast
"To be in your children’s memories tomorrow, you have to be in their lives today."
- Barbara Johnson
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Child custody matters
Timesharing and Parenting Arrangement Are Emotionally and Mentally Draining
The basics you need to understand
Child Custody Responsibility
We routinely mediate and litigate disputes concerning parenting matters. Where possible, we endeavour to avoid court proceedings and will guide clients towards resolving disputes amicably with consent orders.
At Shanahan Family Law, our child custody lawyers understand timesharing and shared equal parental responsibility for children. Timesharing relates to the schedule that both parents will enjoy with their children.
Equal shared parental responsibility involves parents making significant decisions directly affecting children, such as education, medical and health care, religious upbringing, and extra-curricular activities.
Child Custody by Agreement
Follow these important parenting plan steps
The ideal outcome in child custody family law matters is for parents to be able to come to a parenting agreement about what child custody arrangements should be put in place. These parenting arrangements can be made formally or informally. Formal agreements are legally binding, while anything agreed to informally is not.
Child Custody Parenting plans
A parenting plan is a written agreement that is not legally enforceable but provides a valuable framework that allows all parties to understand their mutual parental responsibilities. There is no standard format for a parenting plan, and they can cover as many aspects of parenting as is deemed necessary. Typically, the more detailed a parenting plan is, the more successful it will be in establishing an effective child custody agreement.
Some of the primary considerations in a parenting plan are (but are not limited to):
- Nominating appropriate communication channels
- How any child custody disputes will be mediated
- Whether the other parent should be considered first when a babysitter is needed
- Whether the other parent should be considered first when a babysitter is needed
- Setting out relevant schedules, including-
- visitation schedules
- The child's living arrangements with each parent
- Schedules around special times like birthdays
- How school drop offs and pick ups will be handled
- How required changes to schedules will be resolved.
Consent orders Accepted by the Court
Are your parental plans legal?
Parenting agreements may be legally binding by applying to the family court for consent orders. This provides a remedy in child custody matters when one parent refuses to adhere to the agreement. As consent orders are recognised by the court, breaching one is a crime and may attract a fine or even prison time.
Even though parents may agree to a proposed order, the court must also accept it. If the court finds that the submitted order unduly prioritises one parent over the other or is not in the child’s interests, the order will be rejected. To ensure that a consent order has the best chance of success, seeking legal advice from a family lawyer before pursuing an order is highly recommended.
An application for consent orders should be filed within 12 months of a divorce or within two years from when a de facto relationship breaks down.
If an agreement cannot be reached on a parenting plan, the parenting matter can be taken to the family law court in Maroochydore. A parenting order will be assessed similarly to consent orders. The court will determine what is in the best interest of the child based on what it considers to be a fair and just outcome for both parties.
Child custody without agreement
Parenting order
Unfortunately, sometimes it’s impossible to resolve child custody issues amicably, and court-mandated parenting orders are required.
Seeking parenting orders to settle child custody disputes is a drastic action that should only be used once all other options have been exhausted. A parenting dispute is generally preferable to be resolved privately, without recourse to the family court. As such, before the court hears a case, you will usually be required to attend mediation with the other party.
Family Dispute resolution can take different forms but broadly relates to the process of coming to a consensus on a child custody matter that avoids the need to go to court. This can be done informally with the assistance of family or community members.
Joint Child Custody
50/50 custody split?
While joint custody is preferred, this does not necessarily mean custody will be split 50/50. The court does believe it is in the child’s best interests to maintain the child’s relationship with both parents. Therefore, child custody arrangements should generally allow the child to spend time with both parents to maintain a meaningful relationship with each of them.
There is no requirement that the time shared between parents be equal. One parent will often become the primary caregiver, even though that parent may not have sole parental responsibility for all of the child’s well being and major life decisions.
Family Violence
Seek legal advice from a family lawyer
Child custody cases involving family violence are taken extremely seriously by law firms and the family court. A child’s safety is our paramount consideration and is likely grounds for sole custody.
Seek guidance from family law services if you are concerned about domestic violence and need to put parenting orders in place immediately.
Factors considered in a child custody determination
Family Law Act
In any family law matter, neither parent has special rights to their children, regardless of age or gender. The Family Court’s main goal and focus are to protect children’s rights. The Family Law Act identifies what factors the Court should consider achieving this.
Joint applications for divorce
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Meet The Owner
Luke Shanahan
Principal Solicitor
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law expert, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with child support, parenting matters, divorce, property consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.
As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their family law services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce, then we will do everything we can to ensure our client’s success through whatever means.”
Take a look at what our clients say
Testimonials
Contact our Shanahan Family Law if you would like to learn more about child custody. Book an initial consultation with an experienced child custody family lawyer. We are based in Maroochydore, Sunshine Coast or with one of our family law child custody lawyers Gold Coast. We are here to support you every step of the way in your new life.
Joint applications for divorce
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