Divorce and Child Custody Lawyers
Child Custody Lawyers Support
Get expert advice from Cairns child custody lawyers with 49+ years of experience. We’ll guide you through parenting plans, support, and custody disputes. On this page, you’ll find guidance on parental responsibility, mediation options, court representation, and when urgent legal action may be needed.
How Our Child Custody Lawyers Can Help You
Child custody matters (now legally referred to as parenting arrangements) are often the most emotionally charged part of a separation or divorce. Our experienced family lawyers in Cairns are here to help you reach practical, legally sound arrangements that prioritise the best interests of your child.
We assist clients across Queensland with:
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Preparing or negotiating parenting plans and consent orders
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Applying for parenting orders through the Federal Circuit and Family Court
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Providing legal advice on parental responsibility, relocation, and time-sharing
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Representing clients in court when an agreement cannot be reached
What Is Parental Responsibility in Australia?
Parental responsibility refers to the duties, powers, and authority parents have over their children. In Australia, both parents usually share this responsibility unless the court decides otherwise due to safety or welfare concerns.
What Are Parenting Orders?
Parenting orders are legally binding arrangements made by the court regarding:
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Who the child lives with
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How much time does the child spend with each parent
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Communication methods
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Decision-making responsibilities
These orders can be made by consent (both parents agree) or decided by a judge if there’s disagreement.
Do I Need to Go to Court for a Custody Agreement?
Not always. Many parenting arrangements can be made outside of court through mediation or family dispute resolution. If this fails, court proceedings may be required.
Our Cairns child custody lawyers can guide you through both pathways and advise on what’s best for your situation.
Legal Support for Parenting Arrangements
Child custody arrangements are made separately from your application for divorce. You can make child custody arrangements any time after you separate from your spouse, and before or after the divorce is finalised.
It is important to seek legal advice before you reach an agreement.
See our child custody page for more information.
If your situation is urgent, involves family violence or child abuse (or risk of abuse), you may be able to apply directly to the court without going through mediation. If the other parent refuses to negotiate, you can apply directly to the family law courts and avoid mediation. Here you can read more about the grounds for full custody.
Our child custody lawyers in Cairns will be able to ensure you’re given the best guidance and support to provide you and your child with a result that reflects your circumstances and goals. Whether you are seeking shared custody, sole custody, or are having difficulty making arrangements with your former partner, we can help.
Speak with a Child Custody Lawyer in Cairns Today
If you’re facing a parenting dispute or need guidance on child custody arrangements, our experienced team is here to help.
Contact us now for legal advice and support from one of our family lawyers in Cairns.
Frequently Asked Questions
Separation and divorce – what’s the difference?
Put simply, separation is when you and your partner stop living together as a ‘couple’. This applies to both married and de facto couples. Divorce is the legal ending of a marriage. To obtain a divorce, a married couple must have been separated for 12 months with no chance of reuniting.
Speak to a divorce lawyer to discuss your circumstances and understand what’s best for you and your family.
What child custody rights apply to de facto partners?
De Facto relationships that include children fall under the same guidance given to married couples, as defined in the Family Law Act. Separated partners can still apply for parenting orders and arrange child support under the Child Support Act.
For more information on Child Custody in Queensland and the process, click here.
Who gets custody of the child in Australia?
Many parents who are separating often want sole custody. However, it is more common for both parents to share equal parenting responsibilities. However, in cases where this presumption is rebuttable, such as irresponsible or harmful conduct by one of the parents towards a child or the other parent, the Court may refuse a parent’s shared responsibility.
How do I apply for a parenting order?
You can apply through the Federal Circuit and Family Court of Australia. In most cases, you must first attempt family dispute resolution unless your matter involves urgency or family violence.
Will the child’s preferences be considered?
Although there is no need to meet a specific age before a child’s wishes in a custody matter are considered, their emotional maturity is considered. This means the views of older children in their teens will be considered more seriously than young children.
What happens if I want to move town or state?
If you want to move town or state, the other parent must consent to relocating with children. If there is no agreement between you and the other parent, mediation is the next step. If mediation is not successful in reaching an agreement, you will need to file court proceedings. A Court will only deal with a relocation issue (except in urgent circumstances) on a final basis, which means you could wait up to 12 months for a determination.
What if we can’t agree on custody arrangements?
If negotiation and mediation are unsuccessful, a court will decide based on the best interests of the child.
Can grandparents apply for custody or visitation?
Yes. Under Australian law, grandparents and other significant people in the child’s life can apply for parenting orders.