Unsure where to start?

* Terms & Conditions may apply. Call for more details

Child Custody Lawyers Sunshine Coast

"To be in your children’s memories tomorrow, you have to be in their lives today."
- Barbara Johnson

Download Our Child Custody Guide

Get expert advice on navigating your child custody with ease and confidence.
Child-Custody

Child custody matters

Timesharing and Parenting Arrangement Are Emotionally and Mentally Draining

Dealing with separated families is difficult enough, so working civilly with your former partner in your child’s best interests is critical to any child custody case. Yet they are essential to the emotional health of each child involved in a separation. Ultimately, we want to ensure your child’s life is fulfilling and free from physical or psychological harm.
Our best child custody family lawyers are parents too. We know first-hand what parenting entails, from the emotional, spiritual, and academic development of raising children to the logistical difficulties of commuting to and from school and extra-curricular and social activities.
a father spending his time with his child
Our child support custody family lawyers understand that the arrangements made must consider the “big picture”. This may include the transition from one home into two homes, the working hours of each parent and work-related travel schedules. We will develop an agreement that is fair to both parties and, most importantly, the children. We understand every aspect of child custody family law proceedings.

The basics you need to understand

Child Custody Responsibility

Shanahan_Family_Law_Children_and_Parenting_Custody

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.

All child custody family law cases are different, and our family lawyers emphasise parental involvement as appropriate on a case-by-case basis, considering your circumstances. The child custody and equal time sharing schedule must be clearly outlined, and that can be implemented without hurting the children.

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. 

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):

father and children

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. 

safe_children_consent_orders_couple_united

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.

Maroochydore

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. 

happy_child_50_50_custody_split
domestic_violence_sunshine_coast

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.

Each parent must demonstrate his or her ability to:
Continue a healthy and caring parent-child relationship concerning the timesharing schedule as set forth by the parents of the child and the Court.
Communicate any changes to the timesharing schedule as they arise.
Consider and make decisions based solely on the child’s best interests as opposed to the interests of the child’s parents.
Implement and maintain a consistent routine for the child, including any daily activities and schedules.
Participate and encourage the child in their school and extracurricular activities.
Maintain a healthy and abuse-free environment.
Recognise the needs of school-age children and pay attention to travel times and schedules, adhering to the timesharing plan.
Maintain and continue the child’s living arrangements and routines as consistent as possible.
Communicate with the co-parent as often as necessary regarding the child’s needs and schedules.
Make an effort to remain informed of the child’s school activities and performance, social stability, health care, daily activities, and so on.
Maintain the mental and physical health of each parent for the child.
Meet all the child’s needs during crucial developmental stages.
Consider any other relevant factors by the Court.

Joint applications for divorce

Let's work together

Even a joint divorce application can be daunting, let alone when you’re considering filing for a divorce online. Perhaps you have questions about submitting your application to the courts, or you aren’t sure where to start. We’re here to help guide you through the process.

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.”

Luke-Shanahan-profile-photo-2022

Take a look at what our clients say

Testimonials

Robert Johnston
Robert Johnston
2023-12-18
I was very happy with my experience at Shanahan Family Law. Danyelle guided me through the property settlement and a satisfactory outcome was reached. This was achieved without going to mediation or court.
Diana Homer
Diana Homer
2023-09-28
Very professional, supportive and respectful in all communications and responsibilities. I found their team very patient when challenges occured and kept me informed at all times. Highly recommend them, for personal legal requirements.
Jodie Hickson
Jodie Hickson
2023-08-31
Many thanks to the hard working team at Shanahan law. All such professionals.
Trace Mcnamara
Trace Mcnamara
2023-08-30
I was pleasantly surprised from the very beginning with my experience with shanahans family law ,from the reception staff at shanahans ,who were lovely and tentative and at how comfortable and at ease Danielle O’Connor from shanahans family law made me feel from Our very first phone consult to attending court with me each time , Danielle constantly reassured me that she had things taken care of and not to worry about anything ,she kept me calm and relaxed about things at a time when my anxiety level was very high , but certainly not after meeting up with Danielle each time , Danielle was always punctual bright and cheerful and Danielles compassion for her clients shines through ,her passion for her work is very obvious , Danielle ALWAYS went out of her way to reassure me everything was ok like a long lost friend not just once but every single time without fail ,Danielle is just so lovely to be around her compassion, personality ,demeanour and easy going nature makes it a pleasant experience just being around her ,watching Danielle work with such competency ,multi tasking whilst also listening to me at the same time was also very reassuring , her interactions with the magistrate ,other solicitors and the way she Carries herself is also inspiring to watch ,I could honestly not recommend Danielle O’Connor at shanahans enough,she even took the time to come in for my case alone whilst she was on a well deserved leave break, wich I felt terrible about but am more than grateful for as it made all the difference to my case, even though our case is now over with an amazing win ( THANKYOU DANIELLE ) I feel like I am missing a friend. If you ever need a solicitor and are very stressed about a case Danielle O’Connor is definitely who I would recommend, Danielle was also very understanding of monetary issues and did her best at all times to keep costs at a minimum for me wich I also appreciated a great deal , also I would also like to mention Travis Terracall who was also very compassionate and caring and seemed to understand my situation, I wanted to let Travis know that I appreciated his empathy towards my situation at the time . It certainly helped me. If I could have give 100 stars I would . I hope both you and you partner have a very beautiful relaxed and lovely well deserved holiday break Danielle, I’m so sorry It was interrupted due to my case and again Thank you so much not just for your amazing work but your beautiful kindness and compassion . And just being you ! with much gratitude Tracy McNamara 🌸🫶😊
David Fenech
David Fenech
2023-08-28
Highly recommend Shanahan Family Law and Lindsay Nicholson for all your family law needs.
Nathan Batley
Nathan Batley
2022-08-11
I found this firm excellent to deal with. I had received some exorbitant quotes for executing what was really quite a straightforward matter in my case. Shanahans were prompt, professional and fairly priced. I've was very happy with their service.
Chris Mehonoshen
Chris Mehonoshen
2022-04-05
Having experienced the sunny disposition of Danielle at Shanahan Family Law I can say that anyone would be in good hands. Danielle is very understanding and shows great insight in analysing the situation and cutting to the heart of the matter. Both Danielle and Shanahan Law are very professional and respond promptly in a care manner. Very happy with my choice there.
Nicole Mcmullen
Nicole Mcmullen
2021-12-14
I can highly recommend Luke and his associates for their professionalism and thoughtfulness. I really didn't know what to expect when I needed the advice and assistance of a solicitor, but Luke has been extremely patient and kind in leading me through this process.

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

Let's work together

Even a joint divorce application can be daunting, let alone when you’re considering filing for a divorce online. Perhaps you have questions about submitting your application to the courts, or you aren’t sure where to start. We’re here to help guide you through the process.

Interested in chatting more about a joint divorce application?

Want to understand more about Family Law?

Contact Our Sunshine Coast Support Team

Related Child Custody Articles

Download Our Child Custody Guide

Get expert advice on navigating your child custody with ease and confidence.
Child-Custody
Scroll to Top
Book A Free Discovery Call

Share your family matter with us and we will call you.

If your matter is urgent, please call us on (07) 5408 4470

Shanahan Family Law are hiring!

"Join our Sunshine Coast family law service"

If you have questions about this role, please call our office for a confidential chat (07) 5408 4470