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
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.
I have faith in and really believe a result will finally be made for my family after a long 7 year wait of previous devastating failures.
Joint applications for divorce
Let's work together
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
Robert Johnston2023-12-18I 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 Homer2023-09-28Very 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 Hickson2023-08-31Many thanks to the hard working team at Shanahan law. All such professionals.Trace Mcnamara2023-08-30I 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 Fenech2023-08-28Highly recommend Shanahan Family Law and Lindsay Nicholson for all your family law needs.Nathan Batley2022-08-11I 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 Mehonoshen2022-04-05Having 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 Mcmullen2021-12-14I 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
Interested in chatting more about a joint divorce application?
Our Practice Areas
Want to understand more about Family Law?
Contact Our Sunshine Coast Support Team
Related Child Custody Articles
How to Apply for Consent Orders in Queensland? (5 Important Steps)
Consent orders are an important part of separations and divorces. But what exactly is a consent order? It’s a legally
A Simple Guide to Know the Process When Applying For Full Custody of A Child
A Simple Guide to Know the Process When Applying For Full Custody of A Child Applying for full custody can
Do this with your Child Support Agreement?
Need Help with Your Child Support Agreement? 47% of divorces in 2021 involved children under 18. Fortunately, this statistic represents