When separating, we understand that concerns for your children and their welfare will be uppermost in your thoughts. At LGM Family Law, we care about understanding your priorities and assisting you to achieve an agreement that is in your children’s best interests.
The law regarding arrangements for children is complex. Even if relations with your former partner are amicable, it is advisable to obtain legal advice so that you know what are the legal considerations which apply when determining children’s arrangements as well as your obligations.
Child Custody Lawyers Brisbane: LGM Family law & How We May Assist You
LGM Family Law offers a fixed rate initial consultation . When you book an initial consultation, you receive the benefit of our Separation Action Plan which includes our advice regarding separation, arrangements for your children and options available to you in your particular circumstances. We will discuss with you ways to minimise the impact of separation on children. There is no fixed outcome for children prescribed by law but instead, arrangements for children are determined having regard to considerations referred to below. We can also advise you concerning steps to ensure that you maximise your opportunity for continuing and meaningful time with your children post separation.
We can assist you across the range of parenting matters, including:
Our priority is for agreement to be reached through negotiation with your former partner or mediation through which we will guide and support you. If necessary, we will recommend litigation but will continue to seek to settle your matter, bringing any court action to an end.
If agreement is reached without litigation being involved, that agreement may be set out in a Parenting Plan or you and your former partner may seek Consent Orders to be issued by the Court. It is important to realise that Parenting Plans are not registered with the Court and are not enforceable. They may be appropriate, for example, where the relationship with your former partner is amicable or you and your former partner wish to maintain maximum flexibility in your arrangements for the children.
LGM Family Law Can also Assist You
Best Interests of Children
Since each family is unique, the law recognises that it is not possible for legislation to prescribe uniform arrangements to apply for all children. Instead, the Family Law Act 1975 encourages parents to reach agreement regarding their children with the best interests of the children being the paramount consideration. If it becomes necessary to go to Court, the Court must have that same regard when determining what Orders it will make for children.
The law considers that the primary considerations for determining what is in a child’s best interests are:
There are numerous other considerations set out in the legislation to be taken into account when parents (or if necessary, the Court) determines what is in the best interests of children. The following are examples of some of these considerations:
Equal Shared Parental Responsibility
Whilst there are situations, for example involving child abuse or family violence where this will not apply, in the majority of matters, parents will have equal shared parental responsibility for their children and they (or the Court where there is litigation involved) must consider whether a child spending equal time with his or her parents is in the child’s best interests and reasonably practicable.
If spending equal time is not in the child’s best interests and reasonably practicable, then parents (or the Court where there is litigation involved) must consider whether the child spending substantial and significant time with the other parent is in their best interests and reasonably practicable. Substantial and significant time includes weekend days; time during holidays as well as during the week so that the parent is involved in the child’s daily routine and significant days such as birthdays and Christmas and the child can be involved in significant days for the parent.
Arrangements which do not involve equal time or substantial and significant time may however be agreed or ordered by the Court where those arrangements in the particular circumstances of a child promote the child’s best interests.
Where There Are No Court Orders
It is important for parents to understand that unless and until there may be an Order of the Court, whether by consent of both parents or mandated by the Court, which provides otherwise:
Certificate for Family Dispute Resolution
If you cannot reach agreement with your former partner, unless there is family violence or another reason for exemption, you must obtain a certificate from a Family Dispute Resolution Practitioner before you can make an Application to Court for a Parenting Order.
LGM Family Law recommends that as far as possible, parents reach a consensual agreement concerning arrangements for children. This is the better course both for parents and children as well as reducing any associated legal costs. We are happy to give you contact details for services available to assist you in reaching agreement, such as counsellors, mediators and Family Dispute Resolution Practitioners.
Obtain Prior Legal Advice
Even where you do reach a consensual agreement, we recommend that before you enter into discussions with your former partner, you obtain legal advice as to the various issues that are best addressed in an agreement and how you may best approach those issues in order to achieve your goals.
We prefer to meet you in person but are happy to have a telephone consultation if this suits you. At an initial consultation, we will take some particulars from you so that we can provide you with advice about the likely outcome at family law for your particular circumstances and estimated costs if you wish to proceed further.
Free Phone Consultation: (07) 3506 3651
