Child Custody Cairns

There is no presumption that both parents should have equal time with their children. Every family is different, so there are no set standards for childcare once a family splits. The care arrangements for each child will depend on several factors, including the child’s age. Older children may have a say in their care arrangements.

There is however a presumption that both parents should make decisions for their children together. This is called ‘equal shared parental responsibility’. In some cases, this assumption will not apply, such as in situations involving domestic violence and child abuse.

If a court orders equal shared parental responsibility, it must consider whether an order for the child to spend equal time with both parents is appropriate.

No. Under the Family Law Act, 1975, parents must engage in mediation with a Family Dispute Resolution practitioner prior to commencing court proceedings. Exceptions include child risk or urgent matters that cannot wait for mediation.

You should obtain legal advice prior to mediation. This will help you better understand the process and the law surrounding the child custody issues that will be discussed. You’ll also receive an explanation about parenting plans and consent orders, so you get the most out of your mediation.

Mediation helps resolve divorce or separation issues by focusing on the main problems and providing guidance on the next steps. It can assist in finding solutions to disagreements and conflicts that arise during the process. Mediation aims to facilitate communication and understanding between parties involved in the divorce or separation. By addressing key issues and offering support, mediation can help parties reach agreements and move forward.

While children do not get to make decisions about their care arrangements, the family law court can consider their views. A court will look at a child’s age, maturity, and whether someone influenced their opinions. This helps the court decide how much importance to give the child’s views.

A parent should not ask a child directly what care arrangements they want. Instead, the child’s wishes are established through a nonintrusive interview with an independent person qualified to have these discussions with children. This may include an interview to prepare a family report or a mediator conducting a child-inclusive mediation.

You can obtain more information on these processes in an initial consultation with one of our family lawyers.

There are two ways to formalise a parenting arrangement:

1. entering into a parenting plan, and
2. applying to the family law court for consent orders.

There is no requirement to formalise a parenting agreement. There are both advantages and disadvantages to parenting plans and consent orders.

For example, the courts cannot enforce a parenting plan as it is not legally binding. Parenting plans can, however, be easily changed or updated and used as evidence in court proceedings. Consent orders, in contrast, are legally binding and enforceable. However, consent orders are only possible to change with the other parent’s agreement.

How you formalise custody of your child depends on your agreement with the other parent and your family situation. We recommend obtaining advice from a family lawyer before formalising your agreement.

If you have a court order, you can apply to vary it. If you do not have a court order, you may seek to obtain one if mediation fails to reach a satisfactory outcome. Either way, our family custody lawyers will guide you through your options and help you reach a positive outcome.

Most parenting matters can be resolved outside of court, through negotiation or mediation between the parents.

Unfortunately, parents sometimes disagree on arrangements for their children. This can lead to one parent starting court proceedings. If there is a child custody dispute, court proceedings are commenced.

This does not mean that the family law court will ultimately determine the arrangements for your children. There will be further opportunities for parents to reach an agreement and to continue negotiations throughout the court proceedings.

A lawyer is often appointed to represent the children in court proceedings. This lawyer is called the “independent children’s lawyer.” They are essential in helping parents reach a beneficial agreement for their children.

The Family Court and the Federal Circuit Court of Australia deal with matters concerning children. The same child custody laws apply regardless of whether you are getting a divorce or ending a de facto relationship.

If you are looking to move town or state, consent to relocate with children is required from the other parent. Mediation is the next step if there is no agreement between you and the other parent. If mediation is not successful in reaching an agreement, you will need to file court proceedings.

A Court will only handle a relocation issue as a final decision. Unless it’s urgent, you might have to wait for up to a year for a ruling.