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Results-driven lawyers for child custody in Caloundra
Are you trying to manage effective co-parenting arrangements with your former partner? Are you struggling in a custody dispute? You need experienced child custody lawyers to guide you through this difficult time.
Our child custody services
Child custody consultations.
Parenting plans and agreements.
Assistance with parenting order applications.
Family dispute resolution and mediation.
Understanding child custody legal services
We understand that child custody matters require a delicate touch. We will work to find the optimal outcome that is in the best interests of your children.
Child custody can be organised in different ways. Informal parenting plans aren’t legally enforceable. However, they can help if you’re on good terms with your ex-spouse. Our lawyers will ensure that the plan is comprehensive and manageable.
Parenting orders can be consensual or implemented to resolve a dispute. We’ll make sure you navigate the process smoothly.
Parenting matters and the Family Law Act
In child custody, Australia’s Family Law Act identifies two main elements:
Parental responsibility. These are the major duties that parents have for their child’s developmental needs. This includes the major decisions that affect the child over the long term. Think about medical and educational matters. There may also be religious or cultural considerations.
Child’s living arrangements. There’s also the matter of where the child will spend time. Will the parents share caring duties equally? Will one parent become the primary carer with the other parent receiving visitation rights?
If you read Australian family law legislation, you’ll find that the word ‘custody’ doesn’t actually appear. In 2006, the law shifted its focus from custody to parental responsibility. It made the change because custody seemed to imply that the child was property to win in a parenting case.
Making parenting arrangements
Custody is usually organised under one of four arrangements.
Sole custody
One parent takes full responsibility for all decisions and has exclusive caring duties. This isn’t common. There typically needs to be an indication that a parent is unable to care for their child or poses a risk. The Family Court may require evidence to support these allegations.
Primary carer with shared responsibilities
One parent will often take on most of the caring responsibilities. The child may then spend time in the other household on special occasions like birthdays and Christmas. When you’re dividing time based on particular occasions rather than a defined weekly or monthly routine, you need to ensure both parties are okay with the agreement. It may be worth sharing alternate holidays for fairness.
Shared responsibilities with substantially shared care
In these situations, the child lives primarily with one parent, while residing with the other party on regular occasions. Be careful about how you split the child’s time. One seemingly rational arrangement is for the child to spend time with one parent on week days and the other parent on the weekend. However, this can cause issues.
The child can end up making positive associations with the parent they stay with on the weekend and negative associations with the parent they’re with during the week. One parent can also resent not spending time with their child at times when they can enjoy fun activities together freely. You may resolve this by alternating weekend custody.
Equal shared care
Some people assume that family law courts tend to award 50/50 custody. In reality, it’s rare for custody to end up that way. Custody is only ever decided by what’s best for the child’s welfare. Working out an equal share of a child’s time is difficult. The employment requirements of one or both parents can be difficult to navigate, as well as situations where the child’s parents live far apart.
Common child custody pitfalls
Child custody arrangements are some of the most fraught family law matters. People can often fall victim to various pitfalls if they’re not careful.
Failing to prioritise the child's best interests
Parents never want to lose sight of their children’s best interests. However, feelings of animosity between co-parents are not uncommon. This can have long-term psychological and emotional effects on children.
Lack of preparation
Do you want to ruin your case as efficiently as possible? Come unprepared. Family law has tight deadlines. If you don’t have your documents ready, you’ll face delays and higher costs.
Unrealistic expectations
Some people come away from custody cases disappointed with the result. However, it’s important to maintain realistic expectations about how visitation will work and other matters.
Are you looking for full custody?
We understand that some parents feel strongly that they should have sole custody of their children. This isn’t a typical arrangement and is usually only granted in particular circumstances. These may include:
There’s a risk of child abuse.
The child may be exposed to physical or psychological harm.
One parent lacks the capacity or willingness to have responsibility for their child.
One parent has demonstrated mental health or substance abuse concerns.
We may advise you on any evidence required to prove your case in court. Evidence you may need to produce includes:
Existing family violence orders.
Medical reports.
Report from a family consultant.
Witness testimonies.
The advantages of Ferrall and Co.'s child custody lawyer services
A Ferrall and Co. child custody lawyer can help you navigate the difficulties of child custody.
Keeping the children central
If a former partner is being uncooperative, we can help co-parents communicate through family dispute resolution and mediation sessions.
Preparation
Our family law experts have extensive Family Court experience and will prepare clients for any contingency. We account for all necessary documentation and ensure clients understand their role.
Healthy mindset
We ensure that our clients are fully informed about their available options and what to expect from the process.
Our Process
Free initial consultation
During a free consultation with a family lawyer, we’ll listen to your story. We want to understand your situation and outline how we can assist. This step ensures our clients feel validated and cared for.
Legal strategy
It’s now time to work out our strategy. There are many ways a case can be handled. The important thing is that our approach is tailored to your circumstances. This strategy clarifies the next step to take.
Implementing the strategy
It’s now time to put the plan into action. We’ll take all the hassle out of organising the necessary documentation for potential court applications and guide you through a mediation process if necessary. This will allow you to focus on moving forward with your family.
Securing parenting orders
We can walk you through the critical steps to getting a court order to settle parenting matters. Here’s the process.
Step one: Dispute resolution
You have to make a genuine effort to settle your differences through a family dispute resolution practitioner. If the dispute resolution isn’t successful, you’ll get a genuine steps certificate. This will be included in your application.
Does the Court always make parties mediate their problems? No. Family violence can make dispute resolution unsafe. And what if you can’t contact your former partner? We can draft an affidavit explaining your situation to the Court.
Step two: File the initiating application
We’ll help you fill out the application and ensure you have the necessary supporting documents. You’ll need to pay a $435 filing fee. You may also apply for interim orders if your circumstances are urgent. We can then organise the application to be served on your former spouse.
Step three: Interim and procedural hearings
Preliminary court hearings are held to ensure that the application is correct. The judge will also inform the parties of the next steps to take. If you’ve applied for interim orders, the Court may also make a determination on those.
Step four: Family reports
The Court may order a family consultant to prepare a report to assess your child’s situation. This report may make recommendations about the custody arrangements the consultant considers most appropriate.
Step five: Final hearing
We’re nearly to the end of the process. You now make your final case in front of the judge. There are a lot of facets to this, such as:
Making opening statements.
Presenting evidence.
Examining witnesses.
Cross-examining opposing witnesses.
Making final submissions.
We may represent you in the proceedings. It may feel overwhelming. But with professional help, you can make your case.
Step six: Granting the order
You’ve made your case and are awaiting the Court’s decision. It usually takes about three months to get the result. Complex cases may take longer. If you’re successful, you and your former partner are now bound by the parenting order. Unfortunately, court proceedings can be lengthy. Depending on the complexity of your case, the process may take 1-2 years to complete.
Why choose our child custody lawyers?
We get what you need from a family lawyer. You want someone who understands you and will fight for you. Our firm provides legal support and a compassionate approach.
Expertise across various domains
Did you know we have expertise beyond family law? We can assist with areas, including:
Family law.
Criminal law.
Personal injury.
Local presence
We’ve been proud Caloundra residents for many years. We’re committed to providing the best quality legal help to our local community. We’re well-acquainted with local resources and regulations.
Client-centric approach
Everything we do is aimed at protecting our clients and their families. We treat every case individually. We take the time to understand your needs and create the path forward.
A team you can trust
We have decades of combined experience to bring to bear for your benefit. We take a compassionate approach to all clients since we know how difficult legal cases can be. You’ll always know exactly what to expect and can depend on our fee transparency.
What our clients say
Rowena Ferrall has been my lawyer/legal representative for over 10 years. Rowena has represented me on many occasions, with outcomes that have met or exceeded my expectations. Personally I have always found Rowena to be approachable, honest and reliable. I highly recommend Rowena Ferrall, as I have in the past to my friends and family.
Thanks Rowena, from Ferrall & Co Lawyers for your very knowledgeable friendly professional attitude to getting my case solved. Would highly recommend her to anyone needing legal advise or court representation.
Five stars for a five star company. Excellent staff and excellent legal advice. I would highly recommend them to you.
I cannot recommend Rowena more highly! She is a caring lawyer that fights for her clients and she will ensure you get the best possible result. There is no one better! If you need legal assistance call Ferrall & Co Lawyers and you wont regret it. They will help you through the process making sure you feel supported every step of the way.
I can highly recommend Rowena Ferrall and her legal service to any prospective clients. Rowena's advice to me in my recent legal matter was concice, accurate and correct, it was also delivered in understandable English and not legalese. I have used several legal firms over the years, including some high profile legal practices, and Rowena was equal and better than them. I have all confidence in recommending this company to the public.
Are you feeling overwhelmed by the challenges of your child custody matter?
07 5491 2159
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Other family law services
We offer a wide range of family law services that go beyond just divorce. Our goal is to provide complete support for any family matter.
Divorce
When a married couple’s relationship breaks down due to issues that cannot be resolved, the couple has a right to divorce according to Australian law.
Parenting Arrangements
Ferrall & Co. are passionate about supporting families and seeing the best outcomes achieved, especially for the children involved in a family separation.
Property Settlement
When couples separate, they need to fairly divide their property that they acquired during their relationship. Property in this case doesn’t just mean real estate.
De Facto
If you have been in a relationship where you were not legally married, you may be considered a de-facto couple.
Same Sex Rights
Under the Family Law, same sex couples have the same rights in both de facto relationships and in marriage as heterosexual couples.
We want to help
Don’t let the legal process overwhelm you and hinder your path towards a positive future.
Our divorce lawyers in Caloundra can help you move forward confidently. Feel comfortable in our welcoming office environment, and we will give you the guidance you need to apply for and finalise your divorce.
There’s no pressure to move forward with our services. Meet us for an obligation-free discussion. We can explore your options and how our services can help. Rest assured, we set fixed fees for divorce cases, so you won’t be surprised with an unexpected bill.
We’re here for you every step of the way.
Where's your life right now?
Without Legal Guidance
DIY could lead to long-term consequences.
You may be disadvantaged in legal negotiations without skilled negotiators, potentially leading to less favourable terms or settlements.
The emotional burden of facing legal challenges without support can be overwhelming, affecting mental health and overall quality of life.
You may miss critical legal nuances and rights, leading to missed opportunities for a more favourable resolution or making costly mistakes in your legal approach.
With Ferrall & Co.
Improve your chances of achieving favourable outcomes in your legal matters with strategic and effective representation.
Receive legal protection and advocacy to safeguard your rights and interests throughout the legal process.
Save time and resources with efficient legal processes and solutions designed to minimise the duration and cost of your legal issues.
Reclaim your future
Step 1
Book a free 30-minute consultation.
Step 2
Discuss your legal case.
Step 3
Embark on a new chapter of positivity.
Our service areas
Sunshine Coast
Caloundra
Aroona
Baringa
Wurtulla
Caloundra West
Currimundi
Golden Beach
Moffat Beach
Pelican Waters
Little Mountain
Ready to get started?
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back.
