The role of a child custody lawyer is to work with their clients – usually a parent of the child or significant person in the child’s life – to ensure that arrangements made for the care of the child are in the best interests of the child. This might mean we work with the respective person and the child’s other parent to negotiate living arrangements, time spent with the child, communication and decision-making. It could also include working out child support and financial support as well as who is responsible for making decisions for the child.

The role is multifaceted and also includes providing legal advice and options available to the client for their specific matter, negotiation, mediation and representation in court.

A lawyer is not mandatory for negotiations when it comes to your child custody arrangements. However, while it’s not mandatory to have a lawyer, it is highly recommended. Family law in Australia is complex and when it involves your children, this can be emotionally overwhelming.

As family lawyers, it’s our job to provide guidance and information so that you can focus on your child and moving forward with your life. We can assist you by not only negotiating for you but also by helping you to understand all of the options available to you. You don’t need to go through any aspect of child custody alone.

Decisions about family law matters that involve children must be made in the child’s best interest which means that the child’s wellbeing is the most important factor rather than issues that may have led to the breakdown of the parent’s relationships.

It can be difficult to remove emotions when making decisions regarding children, however, decisions regarding children need to be made so children are protected and their welfare promoted.

In the family law system, decisions affecting children should have the following two key considerations in mind to ensure the best interests of the child are taken into account:

• the child has a right to have meaningful relationships with both parents.
• the child has a right to be protected from harm, like abuse, neglect and violence.

The second consideration takes precedence over the first.

Other factors play an important role when working out the child’s best interests, including but not limited to:

• the nature of the child’s relationship with their parents (and other significant people),
• the child’s age,
• whether changing the child’s circumstances will impact them,
• the child’ culture,
• the wishes of the child.

A parenting plan refers to a documented agreement that you create together with your ex-partner regarding the parenting arrangements for your children. It is your responsibility, along with your former partner, to determine the specific details to be included, such as:

• The residence of the children.
• The division of their time between parents.
• School enrolment decisions.
• Financial responsibilities and contributions.
• Arrangements for special occasions like birthdays.
• Provision of medical care.

It is important to note that the parenting plan does not hold legal authority unless you seek court approval to establish consent orders based on the plan. Nonetheless, it serves as a valuable written record of the agreement reached between both parents.

The factors considered when establishing parenting arrangements vary based on individual circumstances. Some key considerations may include:

• Proximity to your children’s school
• Involvement in your children’s extracurricular activities
• Specific caregiving needs
• Medical treatment and healthcare requirements
• Distribution of financial responsibilities between parents
• Communication methods with the other parent
• The expressed preferences of the children, particularly if they are older

Feel free to contact us for further information and guidance on parenting arrangements.

We understand how frustrating it is when you and your child’s other parent cannot agree on matters regarding your children – especially child custody matters. That’s why we dedicate ourselves to helping you find the right outcome through negotiations and our array of family law legal services.

Our goal is to help you avoid undesirable parenting plans or orders and instead find the right solution that offers your child the support they need, ensuring you have a meaningful relationship with your child.

Don’t leave parenting negotiations to chance, choose to work with a family lawyer that understands and cares.

Whether you parenting arrangements are stuck at a deadlock or you’re only getting started, we’re here to help you negotiate your child custody arrangements today. Call us on 07 4426 1980.

Our family law firm is based in Townsville, Queensland, and while we work with many people in the local area and surrounding region, including in Mt Isa, all of our family law services, including those related to property settlement proceedings, are available to people Australia-wide.

Get in touch with us by calling us on 07 4426 1980 or booking a free consultation here.