Child Custody Lawyers Sunshine Coast | Family Law Experts
"To be in your children’s memories tomorrow, you have to be in their lives today."
- Barbara Johnson
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Dealing with a stressful family matter, whether it’s a recent separation, child custody dispute, property settlement, domestic violence, or filing for divorce, can feel overwhelming. You might be unsure of where to start or have concerns about upcoming court appearances. We’re here to support you through each step of the process.
Interested in chatting more about your family law application on the Sunshine Coast?
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 custody case. Yet they are essential to the emotional health of each minor involved in a separation. Ultimately, we want to ensure the minor’s life is fulfilling and free from physical or psychological harm.
Our best family lawyers are parents too. We know first-hand what parenting entails, from the emotional, spiritual, and academic development of raising kids to the logistical difficulties of commuting to and from school and extra-curricular and social activities.
The basics you need to understand
Parental 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 lawyers understand timesharing and shared equal parental responsibility for minor. Timesharing relates to the schedule that both parents will enjoy. Equal shared parental responsibility involves parents making significant decisions directly affecting them, such as education, medical and health care, religious upbringing, and extra-curricular activities.
All family law cases are different, and our family lawyers emphasise parental involvement as appropriate on a case-by-case basis, considering your circumstances. The equal shared parental responsibility schedule must be clearly outlined, and that can be implemented without hurting the minors.
Parenting arrangements
Follow these important parenting plan steps
The ideal outcome in family law matters is for parents to be able to come to a parenting agreement about what 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.
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 parenting agreement.
Some of the primary considerations in a parenting plan are (but are not limited to):
- Nominating appropriate communication channels
- How any 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 parenting plan 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 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 minor based on what it considers to be a fair and just outcome for both parties.
Parenting plan without agreement
Parenting order
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.
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.
Joint Parenting Plan
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 minor’s best interests to maintain their relationship with both parents. Therefore, parenting arrangements should generally allow 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 their well being and major life decisions.
Family Violence
Seek legal advice from a family lawyer
Family violence are taken extremely seriously by law firms and the family court. A minor’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.
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 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 and book an initial consultation with an experienced child custody lawyer. We are based in Maroochydore, Sunshine Coast. We are here to support you every step of the way in your new life.
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Download Our Child Custody Guide
Get expert advice on navigating your parental plan with ease and confidence.