Parenting & Child Custody Lawyers Gold Coast

MEDIATION AND NEGOTIATION

Often, outcomes negotiated directly between the parties can lead to more sustainable long-term management of parenting issues following separation. For this reason, the Family Law Act generally requires parties to attempt to resolve parenting matters through mediation or negotiation, unless there are factors that make this inappropriate.

Mediation may be avoided before court proceedings where the matter is not suitable for mediation, including where there has been significant violence, controlling behaviour, urgency or the risk of family violence.

FACTORS CONSIDERED BY THE COURT

The court considers a range of factors when determining what is in the best interests of the children, including:

• the attitude of each parent towards the child and the responsibilities of parenthood;
• the benefit to the child of having a meaningful relationship with both parents;
• the need to protect children from family violence, including threats of violence, self-harm, controlling behaviour and financial abuse;
• the nature of the child’s relationship with each parent and other significant people, such as grandparents, step-parents and siblings;
• the capacity of each parent to provide for the needs of the child, including emotional and intellectual needs;
• the maturity, sex, lifestyle and background of the child and each parent, including culture and traditions.

CHILD CUSTODY AND SHARED CARE ARRANGEMENTS

Many parents have questions about child custody, shared care arrangements and how parenting time is determined following separation. Every family situation is different, and arrangements are assessed based on what is in the best interests of the children and the practical circumstances of each parent.

COURT PROCESS AND DECISION-MAKING

The court follows a structured process to determine what is in the best interests of the children and what orders should be made. This includes deciding who is responsible for long-term decisions such as health, education and other significant aspects of a child’s life.

The initial stage is often an interim hearing, which can be challenging as the court is generally limited to the written affidavits filed. Where facts are disputed, the court is not always in a position to determine what has occurred at this stage.

A more detailed examination takes place at a final hearing, where evidence can be tested and witnesses cross-examined before final decisions are made.

OUR SUPPORT

We will work with you to navigate the process and the challenges that can arise throughout parenting proceedings. If you need tailored advice, contact us.