Parenting and Child Custody Lawyers on the Sunshine Coast
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Complex Parenting and Child Custody Matters We Handle
We assist clients with complex parenting and child custody matters, including high-conflict disputes, relocation, recovery orders, family violence concerns, cross-jurisdictional parenting issues and contested court proceedings. Principal Solicitor Luke Shanahan has practised since 2009, has particular experience in complex parenting matters and regularly appears in the Federal Circuit and Family Court of Australia.
The basics
Parental Responsibility
Each parent has parental responsibility for their child, unless a court orders otherwise. Parental responsibility is about major long-term issues — where a child goes to school, their medical care, their religious or cultural upbringing, their name, and where they live if that would make it significantly harder to spend time with the other parent.
The presumption of equal shared parental responsibility was removed from the Family Law Act on 6 May 2024. There is no longer any starting assumption that decision-making will be shared. Where it is safe to do so, parents are encouraged to consult each other about major long-term issues and to try to reach a joint decision, with the best interests of the child as the paramount consideration. If a court orders that decisions be made jointly, the parents must genuinely consult and try to agree.
Temporary and Interim Parenting Orders
Court proceedings for parenting arrangements can take time to resolve. Where arrangements need to be in place before a final decision is made, either parent can apply to the court for interim, sometimes called temporary, parenting orders.
Interim orders set out arrangements that apply only until the matter is finally decided, or until the parties reach agreement. They are usually made faster than a final order, based on the information available at the time.
Interim orders are commonly sought where there is a dispute about where a child should live in the short term, how much time they should spend with each parent while the matter is ongoing, or where there is a concern for the child’s safety that needs an immediate response.
Because interim orders are made on limited evidence, they are not always a strong indicator of what a final order will look like. Getting legal advice before applying, or before responding to an application, can help you understand what to expect.
When parents cannot agree
Applying for parenting orders
Unfortunately, sometimes it’s impossible to resolve issues amicably, and court-mandated parenting orders are required.
Seeking parenting orders to settle 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.Â
Family Dispute resolution can take different forms but broadly relates to the process of coming to a consensus on a matter that avoids the need to go to court. This can be done informally with the assistance of family or community members.
50/50 custody split?
Equal time is not the starting point
There is no assumption that arrangements will be shared equally. The court decides what is in the child’s best interests based on the individual circumstances. The court generally recognises that it is in a child’s best interests to maintain a relationship with both parents. Therefore, parenting 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 wellbeing and major life decisions.
Complex Parenting Matters
Luke Shanahan​
Principal Solicitor​
Luke Shanahan has particular experience in complex parenting matters, including cases involving cross-jurisdictional parenting concerns. He regularly appears in the Federal Circuit and Family Court of Australia and has practised since 2008.
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Child Custody Lawyer FAQs
What does a child custody lawyer do?
A child custody lawyer advises on where children will live and how time is shared after separation. They can help you negotiate a parenting plan, apply for parenting orders, or respond to an application from the other parent.
Is child custody the same as parenting orders in Australia?
Australian courts use the term parenting orders. Parenting orders are made by a court and can be enforced. A parenting plan is a written agreement between parents and is not legally binding.
When should I speak to a child custody lawyer?
Speak to a lawyer when arrangements for the children are disputed, when you have received court documents, or when you are worried about your child’s safety. Early advice helps you understand your options before you agree to anything.
What can I do if the other parent breaches a parenting order?
You can apply to the court for a contravention application. The court will look at whether the order was breached and, if so, what response is appropriate. Getting legal advice first can help you understand whether the situation is a breach and what your options are.
Can I get a parenting order quickly while my case is still going through court?
Yes. You can apply for an interim, or temporary, parenting order that sets out arrangements until the matter is finally decided. Legal advice can help you understand what arrangement you might realistically expect.
Want to understand more about Family Law?
Contact Our Sunshine Coast Support Team
Download Our Child Custody Guide
Get advice on navigating your parental plan with ease and confidence.