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Child Custody

Child Custody

When you separate, you and your former partner need to make important decisions about the future care of your children as well as how to divide your property, money and belongings. Working through these issues is often difficult and emotionally challenging. Separation can be a particularly stressful time for your children, and that is why it’s important for parents to work collectively to prioritise their children’s needs and interests.

We can provide information on how best to support your children at such a difficult time, based on the recent social science research and guided by approaches adopted by the Courts.

We can help you work out parenting arrangements that will best suit your children. We can also assist grandparents and/or extended family who are experiencing difficulty in spending time with children.

At the moment there is no equal time or 50/50 presumption in law in relation to parenting arrangements. The courts, however, take the view that generally children will benefit from a meaningful relationship with both parents and that parents should share important decision-making (such as regarding schooling and health), unless there is very high conflict, violence or abuse.

In law, parenting arrangements can cover:

  • Living arrangements for children and how their time with each parent will be apportioned;
  • How parents will communicate with each other, particularly about matters such as education and health;
  • How future decisions will be made.

The type of parenting arrangement that may suit your children will depend on factors such as:

  • The ages and personalities of your children and their educational commitments and activities;
  • Whether you and your former partner can communicate well and cooperate together as parents;
  • How far away you live from each other;
  • The level of commitment that each of you have to making your parenting arrangements work.

At North Brisbane Law, our Solicitors are highly experienced in assisting clients with sensitive and complex matters when it comes to determining the best care arrangements for children involved in separation.

The Law in relation to children’s matters is complex and our Solicitors are able to provide you with specific advice about your particular situation.

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