Divorce and Child Custody
You can make child custody arrangements separately from your divorce application. Child custody arrangements can be made any time after you separate from your spouse, and before or after the divorce is finalised.
See our child custody page for more information.
If you find yourself in a situation where there is an urgent need for resolution, you can apply directly to the court. You don’t have to seek mediation if there is family violence, child abuse, or the risk of abuse. If the other parent won’t negotiate, you are also exempt from mediation.
This could work for people who need quick action to keep themselves or their family safe. In less urgent circumstances, going to court can be stressful and take a long time.
Our experienced family law team in Townsville will provide you with guidance and support. We aim to help you achieve the best outcome for you and your child. We can assist you with shared or sole custody and resolving issues with your ex-partner.
Contact us now for legal advice and support from one of our divorce family lawyers in Townsville..
Frequently Asked Questions
Separation and divorce – what’s the difference?
Separation is a term used to describe the situation when a couple decides to stop living together as partners. This can apply to both married and de facto couples. Separation means the couple no longer lives together or shares a home.
On the other hand, divorce is a legal process that terminates a marriage. To get a divorce, a married couple must have separated for 12 months without any chance of getting back together. Once the 12-month separation period is complete, the couple can apply for a divorce and, if granted, their marriage will be officially terminated.
What child custody rights apply to de facto partners?
De Facto couples with children, are treated the same as married couples, as defined in the Family Law Act. If you have separated from your de facto relationship you can still apply for parenting orders and arrange child support under the Child Support Act.
Who gets custody of the child in Australia?
When parents decide to separate, it is common for both parents to share equal parenting responsibility, rather than seeking sole parenting or sole custody arrangements. However, equal responsibility may not be suitable in certain cases. In instances where one of the parents engages in irresponsible or harmful conduct towards their child or the other parent, an alternative arrangement may be made.
If such conduct is proven, the court may refuse to grant shared responsibility to that parent, and instead allocate parenting responsibilities solely to the other parent. This is done to ensure the safety and well-being of the child and to prevent any potentially harmful situations from arising.
What is shared parental responsibility?
Both parents have shared responsibilities concerning children’s matters, playing an equal role in deciding on important aspects of their life such as health or religion. Courts will change this presumption only when it is not in the child’s best interests.
Will the child’s preferences be considered?
When it comes to custody matters, a child’s wishes are considered. However, there is no specific age limit for a child’s wishes to be considered. Instead, the emotional maturity of the child is taken into account. Generally, older children and teenagers’ views are given more weight than younger children’s.