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.

Yes, it’s possible to make parenting arrangements without a child custody lawyer. You and your child’s other parent may easily agree and you can choose to keep your parenting plan an informal arrangement or you may be able to formalise the agreed arrangement through a consent order.

While you don’t need to work with a lawyer, having one on your side can make your child custody matter a lot easier to resolve. A lawyer can offer advice on particular legal issues, as well as practical solutions for various outcomes, thereby ensuring you’re not entering into any arrangements that are not in the best interest of your child.

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.

The benefit an experienced family lawyer brings to contested child custody and parenting matters is immeasurable.

Slip-ups, including seemingly innocuous non-compliance with Court Rules or short-sighted tactics, can severely damage a litigant’s case.

Where this occurs in family law parenting / child custody proceedinforgs, a litigant may end up with undesirable child custody Orders and suffer other adverse consequences, including Orders requiring payment of the opponent’s legal fees. For this reason, an essential component of successful child custody litigation is an experienced family lawyer.

If you’re involved in a contested child custody or parenting matter in the Townsville and Mt Isa region of Australia, don’t leave it to chance; choose to work with the experienced family law team at Barram Family Law.

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.