Australian Family Lawyers

How our Brisbane child custody lawyers help

Parenting matters require a clear understanding of both the law and your children’s individual circumstances. Our Brisbane team provides practical, outcome-focused advice at every stage.

On a fixed fee model, we assist with:

• Advising on parenting rights and responsibilities under the Family Law Act 1975
• Negotiating parenting arrangements directly between parties
• Drafting parenting plans that reflect agreed arrangements
• Applying for Consent Orders to make parenting arrangements legally binding
• Representing clients in contested parenting proceedings before the FCFCOA
• Advising on urgent applications, including relocation matters and family violence situations
• Supporting grandparents and other significant people seeking to maintain contact with children
• Advising on child support arrangements alongside parenting matters

Where matters involve family violence, substance misuse, or significant conflict, our team provides structured advice and full representation tailored to the complexity of the situation.

Understanding parenting arrangements in QLD

What does “child custody” actually mean?

The term “child custody” is widely used, but Australian family law does not use this language. Instead, the law recognises two key concepts:

• Parental responsibility — who has the authority to make major decisions about a child’s life, including education, healthcare, and religion. Equal shared parental responsibility is the default position under the Family Law Act, though this can be varied by the court.
• Time arrangements — where the child lives and how much time they spend with each parent. This is what most people mean when they refer to custody.

What do courts consider?

The primary consideration in any parenting matter is the best interests of the child. Courts look at a range of factors, including:

• The benefit of the child having a meaningful relationship with both parents
• The need to protect the child from harm, including exposure to family violence or abuse
• The child’s own views, depending on their age and maturity
• Each parent’s capacity to provide for the child’s physical, emotional, and developmental needs
• The likely effect of any change to the child’s current arrangements
• The practicalities of proposed arrangements, including the proximity of parents and existing schooling

No two parenting matters are identical. The weight given to each factor depends on the specific circumstances of the family.

If agreement cannot be reached

Before applying to court, parties are generally required to attempt family dispute resolution (FDR) with an accredited mediator. A Section 60I Certificate is required to file most parenting applications, confirming that FDR has been attempted or does not apply.

Court applications are reserved for situations in which FDR has been attempted and failed, or in which urgency or safety concerns make FDR inappropriate.