Affordable Brisbane child custody lawyers. At LGM Family Law, we are very conscious that you are consulting us at what is likely a very difficult time in your life. Obtaining legal services is an extraordinary thing in most people’s lives. The most effective way to contain legal fees is by moving to resolve your child custody issues as soon as possible.
Our Brisbane child custody lawyers promise to look for ways to resolve your child custody issues in a prompt manner and to make real efforts to do this in an amicable way with your former partner. Most people’s child custody matters do settle without ever having to go to court. If however it turns out that you do need to go to court, we promise that we will continue to seek an agreement with your former partner so that the child custody action can be brought to an end as soon as possible.
If you need assistance, contact our affordable Brisbane child custody lawyers. We offer free initial phone consultations to provide you preliminary advice. You are welcome to speak to one of experienced family lawyers Brisbane or family lawyers North Brisbane.
You may be separated or considering separating. If you and your former partner have children, you are probably concerned about child custody and what your separation will mean for your children. For most people, our children and their welfare are the most important things in our lives. If you have been closely involved in your children’s lives on a daily basis, it can be very difficult to imagine a time when your children will be away from you, spending regular time with the other parent.
Best Interests of the child
It is something however with which you are likely to have to come to terms. The approach of the Family Law Act 1975 (Cth) (FLA) to child custody is to focus on what is in the best interests of a child (see section 60CC FLA). Provided that family violence or child abuse is not an issue, “best interests” is generally understood to involve the child having a meaningful relationship with both parents.
Equal time or substantial and significant time
Where children live mainly with one parent, the other parent may seek that the children spend equal time with each parent. If the child custody matter was before the court, the court must first consider if equal time is in the best interests of the children and reasonably practicable. If the court decides that it is not, then the court must consider whether the parents each having substantial and significant time with the children is in their best interests and whether that is reasonably practicable. That time will generally mean time during the week as well as weekend time and time on special days and holiday time.
Why should I care if I am not at court?
You may ask how does child custody law apply to you if your child custody matter is not at court. Well, even if you are not at court, you should expect that the way that you and your former partner negotiate child custody arrangements is likely to be influenced by the way that a court would likely approach your matter if you were at court.
Can I just take my children?
If there are no child custody orders providing for parenting arrangements for your children, then the answer is generally yes so long as you are not breaking the law when you do that (for example by unlawfully entering your former partner’s property). Some people remove their child from their child care centre without the agreement of the other parent.
However, it is not recommended that you remove or take your child without the agreement of the other parent. A child may suffer real confusion and emotional harm if he or she is unilaterally removed from the care of the other parent and then withheld from seeing that parent.
If a parent removes a child and withholds the child from seeing the other parent, it is also very likely that your action will not be well regarded by the family courts if the other parent brings child custody proceedings before the court.
Contact LGM Family Law, affordable Brisbane child custody lawyers and speak to one of experienced family lawyers Brisbane or family lawyers North Brisbane. We have the experience to assist you to resolve your child custody issues so that you and your family can get on with life.