Children
Need advice about child custody and parenting arrangements? Our family law firm in Brisbane is highly experienced in dealing with parenting matters, including negotiations over child custody arrangements, or establishment of a parenting plan after a separation or divorce. Our child custody lawyers can provide you with in depth child custody legal advice and will be on your side throughout your matter. Contact the child custody law specialists at Michael Lynch Family Lawyers today for expert legal advice on your unique situation.
The Family Law Act has changed many times over the years, making it difficult for people with no legal experience to understand the legalities involved in a child custody dispute. Anyone considering custody arrangements for their child should seek legal advice from an expert in family law such as our Brisbane child custody lawyers at Michael Lynch Family Lawyers.
Changes to the Family Law Act
The most significant changes to the Family Law Act (child custody law) occurred with the introduction of the “shared parenting” legislation in 2006, prioritising equal shared parental responsibility. More recently, in 2012, amendments were made to the law for matters involving “family violence”.Other changes to the Family Law Act include:
- Changes in terminology to remove “residence” and “contact” and introduce “lives with” and “spends time with”
- New considerations when determining a child’s arrangements (“equal time” or “substantial and significant time” form a part of these considerations)
- The establishment of Family Relationship Centres in 2006
- The introduction of Parenting Plans in 2006
- Broadened definitions of “family violence” and “abuse” in 2012.
The law no longer uses the term “custody” when determining parenting arrangements, however, for ease of understanding we will use this term in this outline.
These alterations have significantly impacted parenting outcomes relating to child custody disputes. If you are trying to negotiate a child custody agreement, it’s essential to get legal advice from a specialist family lawyer and to take the Act’s most recent changes into consideration.
As one of the leading family law firms in Brisbane, Michael Lynch Family Lawyers are experienced child custody solicitors who are up to date with the Act and can provide expert legal advice for child custody and legal services relating to the disputed custody of your child.
Family Dispute Resolutions
All parties involved in child custody matters/ child custody cases must attend Family Dispute Resolution (FDR) if their dispute is to go to family court. If the parenting dispute is not going to family law court, then FDR is voluntary. FDR is designed to resolve custody matters out of court, and it is best to proceed with an experienced child custody lawyer at your side.
Through family law mediation, one of the specialist family law services our child custody and family dispute lawyers in Brisbane provide, parents can come to an agreement on their child’s future arrangements outside of family law courts.
If FDR fails to resolve the matter, experienced child custody lawyers can help parents arrange further negotiations. Should these negotiations also fail to produce an agreement, the matter will most likely end up in court.
Children and the Law
The child’s rights are the most important thing in child custody matters. To protect children, the court prioritises the following basic principles:
- Children have the right to be properly cared for and protected from harm
- If possible, both parents should be meaningfully engaged in their children’s lives
- Parents are responsible for caring for their children.
What Does the Court Consider When Deciding Child Custody?
The court considers a range of factors before deciding on family law matters such as a child custody matter. The court must first consider if an ‘equal time’ arrangement is appropriate or failing that if a ‘significant and substantial’ time arrangement is appropriate. It does this by looking at the ‘best interest’ factors. This includes matters such as the child’s wishes, the current living arrangements and many more. The court must also consider if the arrangements proposed are ‘reasonably practicable’.
Each case is unique, but anything to do with a child’s wellbeing can impact the final decision of the child custody process.
What Is Parental Responsibility and How Is It Relevant?
The law presumes that both parents have shared parental responsibility.
Under a shared parental responsibility arrangement, parents play an equally important role in deciding the big issues in a child’s life such as religion and health. The court will only change the presumption of shared parental responsibility if it is not in a child’s best interests (e.g. if a parent has engaged in abuse or family violence), in which case the court will order sole parental responsibility to one parent.
Will the Child’s Preferences Be Considered?
Children in Queensland do not need to meet a specific age requirement before their wishes can influence a child custody matter. If a child expresses a wish as to which parent they want to live with, their emotional maturity will need to be assessed.
Even though the views of young children are of interest, the court is more likely to seriously consider and give more weight to the opinion of a child in their mid-to-late teens. Should a child’s wishes change as they grow older, a custody agreement can be altered to suit their needs.
Speak to One of Queensland’s Largest Family Law Firms
Rather than trying to take on a child custody matter by yourself, we can be on your side throughout the entire legal process. To speak with an experienced family law specialist, please contact our Brisbane City office today. If you urgently need legal help or legal advice relating to a child custody matter, our experienced family lawyers will be happy to speak with you over the phone, via email, or you can attend an appointment in person.
Our experienced firm of child custody lawyers in Brisbane understand that all family law cases have a unique set of circumstances. When presented with all of the information regarding your case, we will provide you with the best child custody lawyer to provide you with legal assistance tailored to your specific circumstances.
At Michael Lynch Family Lawyers we maintain consistent legal fees through fixed-fee consultations, if you are in need of legal representation of advice, please get in contact with our firm today.
Client Testimonials
Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.
Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.
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If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
I would like to thank your firm for the support and compassion shown while dealing with my matter.
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
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We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.
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My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.
Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
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I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
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Lovely to deal with and provides a balanced view in what are very difficult circumstances.
I liked my solicitor keeping things as simple as possible.
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
I appreciate my lawyer’s professional approach and her being on top of my situation.
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.
Michael is very personable and very good at covering the material and explaining the strategy.
My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
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Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.
Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.
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Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
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Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
Your team’s communication with me was exceptional, I knew exactly what was happening.
I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
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