Child Custody Lawyers Toowoomba

The family law terms “custody” and “access” relating to children were used for many years but have been replaced in Australian Family Law legislation. Family law disputes in Australia relating to the care of and responsibility for children are now known as parenting matters.

The Court must make orders that are in the best interests of children.

There are six general considerations that the Court must consider (effective from May 2024) for determining the “best interests” of children:

1. What arrangements would best promote the safety of the children from family violence, abuse, neglect, or other harm and would also protect those who have the care of the children. This is a very wide ambit, giving the Court broad discretion. But it will serve to protect those who are in high conflict situations.

2. Any views expressed by the children. The weight given to these wishes will depend heavily upon their age and emotional maturity.

3. The developmental, psychological, emotional, and cultural needs of the children. This is part of a “child-focussed” approach to cater for the individual needs of each child.

4. The benefit to each child of being able to have a relationship with both parents and other people of significance (such as grandparents) where it is safe for the child.

5. The capacity and willingness of each intended carer to not only provide for each child’s needs, but also to seek their own support to help them with those duties.

6. Anything else relevant to the child’s circumstances.

Additionally, if the child is an Aboriginal or Torres Strait Islander child, the Court must consider the child’s right to enjoy their culture by having the opportunity to connect with and maintain their connection with their family, community, culture, country, and language, and the likely impact any proposed parenting order will have on that right.

The Court must be informed if:

• A child is at risk of family violence or child abuse;
• There are any relevant family violence orders in existence;
• A child is under the care of a welfare authority; or
• A child or family member is being investigated by a welfare authority.

Orders will be made to protect children where a court finds there has been family violence or child abuse.

Suppose there is a conflict between a state or territory family violence order and a parenting order made by the Federal Circuit and Family Court of Australia. In that case, the parenting order will override (replace) the family violence order.

Neither mothers nor fathers are the preferred primary caregivers for children under Australian family law. The Family Law Act 1975 is gender neutral.

A parenting plan is a written agreement that sets out parenting arrangements for children. It is agreed jointly.

The parties to a parenting plan do not need to go to Court. However, all parties to the parenting plan should seek legal advice before entering into the arrangement.

A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by a Court.

Consent orders are arrangements agreed upon by parents, made by the Federal Circuit and Family Court of Australia.

Even though consent orders are made by agreement, they are legally binding. They can be made without a court hearing but are legally binding because they are court orders.

Both parents must support children financially after separation, regardless of who they live with. Parents can manage this between themselves or apply for a child support assessment.

Suppose you wish to negotiate a parenting arrangement or are involved in a parenting dispute. In that case, it is essential to obtain legal advice from an experienced family lawyer at the earliest opportunity. Contact CLO Lawyers using the enquiry form below to arrange for a consultation with a dedicated family lawyer.