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Child Custody Lawyers in Caloundra
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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 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:
Existing family violence orders.
Medical reports.
Report from a family consultant.
Witness testimonies.
Our Partnerships
Meet Rowena Ferrall
After completing a Bachelor of Laws at James Cook University in Townsville in 2002, Rowena completed her initial legal training at the Aboriginal & Torres Strait Islander Legal Service (ATSILS) in Townsville. She then finalised her Post Graduate Diploma through the Australian National University in Canberra in 2004, the same year she qualified to practice as a solicitor.
Rowena is admitted to practice in Queensland and in the High Court of Australia, allowing her to appear in all Courts in Queensland as well as Federally based Courts across the country.
Rowena has worked in Townsville, the Sunshine Coast and Brisbane in general litigation since her admission in 2004. After working as a generalist for several years, Rowena decided that she could best serve her community by opening her own boutique legal practice with a relaxed approach to client consultations, a manageable fee structure, as well as incorporating two furry friends who provide additional support for clients when in need.
What Our Clients Say
Are you feeling overwhelmed by the challenges of your child custody matter?
Other Family Law Services
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.
Here For You
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.
Book an obligation-free meeting so we can discuss your options and the range of family law services we offer. 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
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Our Service Areas
Call for In-House Services
- Sunshine Coast
- Caloundra
- Aroona
- Baringa
- Wurtulla
- Caloundra West
- Currimundi
- Golden Beach
- Moffat Beach
- Pelican Waters
- Little Mountain
Contact Us.
Ready To Get Started?
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back.
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Frequently Asked Questions
What about child support?
Child support is often a vital part of child custody cases. Often, one party is less financially secure than the other parent. In these situations, our team can help you secure financial support through a limited or binding child support agreement.
If you’d like to know more or need expert guidance, visit this article on the Child Custody Lawyers for comprehensive information and support.
What if there's family violence involved?
The safety of you and your children are of the utmost importance to us and the Court. The Court may appoint an independent children’s lawyer to advocate for the child’s best interests and wellbeing. If necessary, we can work with the police to put a protection order in place for your family’s safety.
How does the law handle parental responsibility?
The Family Law Act defines parental responsibility as all the duties, powers and responsibilities a parent has for their child. According to recent amendments, the Court no longer begins with the assumption of equal shared parental responsibility. However, we still consider it in a child’s interest to have a meaningful relationship with both parents and will work towards that goal as appropriate.
Where does the child custody process begin?
If you’re looking to make parenting arrangements, begin by having an open and honest conversation with your former partner if you can. Try to establish some mutual understanding. After that, we recommend you seek legal advice. Our team will guide you to getting a child custody agreement in place.
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