Child Custody Lawyers Gold Coast
Working out where your children will live, and how much time they will spend with each parent, is often the hardest part of a separation. Getting clear advice early can help you avoid mistakes that are difficult to undo and keep the focus where it belongs: on your children.
Our family lawyers help parents on the Gold Coast, in Cairns and across Australia (by video call) to reach workable parenting arrangements, and to protect their children when agreement is not possible.
Why talk to a child custody lawyer?
Australian law does not use the word “custody”. Instead, the Family Law Act 1975 talks about who children live with, who they spend time with, and who makes major long-term decisions about them. A lawyer can explain how the law applies to your family, what a court would be likely to focus on, and which options will give you certainty without unnecessary cost or conflict.
- Advice on your options before you agree to anything.
- Help preparing for family dispute resolution (mediation).
- Drafting parenting plans and consent orders that are clear and enforceable.
- Representation if your matter needs to go to court.
- Urgent help where a child is at risk or may be taken overseas.
How parenting decisions are made in Australia
Major changes to the Family Law Act took effect on 6 May 2024. There is no longer a presumption that parents have equal shared parental responsibility, and no starting point of equal time. Every decision is based on what is in the child’s best interests.
When deciding what is best for a child, the court considers:
- the safety of the child and the people who care for them, including any family violence, abuse or neglect;
- any views the child has expressed;
- the child’s developmental, psychological, emotional and cultural needs;
- each parent’s capacity to provide for those needs;
- the benefit to the child of a relationship with each parent and other important people, where it is safe; and
- anything else relevant to the child’s circumstances.
The court can order that parents make major long-term decisions (about schooling, health, religion and culture, or a move that affects time with a parent) jointly, or that one parent makes some or all of them.
When it comes to your children, we can help with:
- Parenting plans and consent orders
- Parenting orders and court proceedings
- Family dispute resolution and mediation
- Overseas travel and passports
- Relocating with children
- Changing existing parenting orders
- Contravention (breach) applications
- Urgent recovery and child abduction matters
Reaching agreement without going to court
Most parents settle their parenting arrangements without a court hearing. Before you can apply to the court for parenting orders, you generally need to attempt family dispute resolution and obtain a section 60I certificate. There are exceptions, including where there is family violence, child abuse or genuine urgency.
Once you reach agreement, you can record it in a parenting plan, which is flexible but not legally enforceable, or in consent orders, which are approved by the court and binding on both parents. We can explain which option suits your situation and draft the documents so they work in practice, including for school holidays, special occasions, handovers and communication.
If agreement is not possible, we can prepare and run your application in the Federal Circuit and Family Court of Australia, including interim (short-term) orders while the case is decided.
We also help parents with:
- Changing existing consent orders
- Updating arrangements as children grow
- Relocations and moves
- Travel arrangements for children
- Changing a child’s name
- Same-sex and blended family parenting arrangements
- Parentage disputes
Get in touch with our team to talk through your situation.
Talk to a family lawyer about your children
Every family is different, and the right arrangement for your children depends on their age, their needs and your circumstances. We give straightforward advice about what is realistic, what it is likely to cost and how long it may take, so you can make decisions with confidence.
To book a free discovery call, call 1300 225 393 or book online. We meet clients at our Gold Coast and Cairns offices, or by video call anywhere in Australia.
FAQs
We offer a free discovery call so you can understand your options before deciding how to proceed. Call 1300 225 393 or send us an enquiry and our team will arrange a time, either in person or by video call.
The Family Law Act 1975 makes the child’s best interests the most important consideration in every parenting decision. Since 6 May 2024, the court considers a shorter list of factors, with the safety of the child and their carers first. Parents are generally expected to attempt family dispute resolution before applying to the court, unless an exception such as family violence or urgency applies.
If a parent wants to move with a child in a way that would make it significantly harder for the child to spend time with the other parent, that is a major long-term decision. It needs the other parent’s agreement or a court order, particularly where there is a joint decision-making order in place.
You are not required to have a lawyer, and some parents represent themselves. However, parenting cases involve strict procedures, sworn evidence and deadlines, and the outcome affects your children for years. Legal advice, even if you do not engage us for the whole matter, can help you avoid costly mistakes and present your case clearly.
No. Since the 2024 changes, there is no presumption of equal shared parental responsibility and no requirement for the court to consider equal time. Some families do share care equally, but only where it suits the children. The court looks at what arrangement is in each child’s best interests, taking into account safety, the child’s needs and the practical realities of each household.