Child Custody and Separation
Child Custody Lawyers Townsville
When a court orders a divorce, it must ensure that plans are in place to care for children under 18. This includes children from previous relationships. The court’s priority is to make sure that the children’s needs are met. This may involve determining custody arrangements, visitation schedules, and child support payments.
The court aims to protect the well-being and best interests of the children involved. However, it is not necessary to have formal parenting arrangements in place to obtain the order.
When it comes to deciding on a custody arrangement for your child with your former spouse, there are two options available to you. Firstly, you can formalise a mutual child custody agreement by creating a non-binding parenting plan. Alternatively, you can file an Application for Consent Orders with the court. It’s important to note that consent orders are legally binding and can only be changed if both you and your spouse agree to change them or in some very limited circumstances.
If you are unable to come to an agreement regarding child custody arrangements, you can commence mediation. Mediation can be attended privately with your family lawyer, or in Family Dispute Resolution through Relationships Australia. If you can reach an agreement at this stage, that agreement can be formalised in a parenting plan or consent orders.
If, after mediation or Family Dispute Resolution, you still cannot agree, then you can file an application in the Family Law Courts asking the court to make Child Custody Orders. The Court will make orders that it determines to be in the best interests of the child or children. Our family lawyers in Townsville can help you with this.
Pre-action procedures
Prior to submitting a request for a parenting order to the court, the law mandates that you make a genuine effort to settle disputes with the child’s other parent.
Both parents must attend Family Dispute Resolution to address the situation. This involves mediation with an impartial expert, typically through a Family Relationships Centre, or with an Accredited Family Dispute Resolution Practitioner, or alternatively, privately with your lawyer.
If your situation is urgent, involves family violence or child abuse, you may be able to apply directly to the court without mediation.
Contact our family lawyers in Townsville now for legal advice and support.
Applying for parenting orders
If both parents are in agreement with the parenting order’s terms, the following documents (signed by each party) must be submitted to the Family Court of Australia to make them official:
- Application for Consent Orders
- Minutes of Consent Orders (setting out the terms of the agreement)
- Annexure to Proposed Consent Parenting Orders
- The court filing fee.
If you cannot come to an agreement with your child’s other parent, and wish to initiate legal proceedings, the following documents must be filed in the Federal Circuit Court of Australia:
- Initiating application
- Affidavit(s)
- Mediation Certificate, or Affidavit – Non-Filing of Family Dispute Resolution Certificate
- Notice of Risk
- The court filing fee.
In certain situations, the application might have to be submitted to the Family Court of Australia instead.
Our family law experts can help you navigate the process and protect your children’s best interests. Schedule an initial consultation with one of our family lawyers in Townsville today.