Commonly Asked Child Custody Questions
Who gets custody of the kids?
Ultimately, what meets a child’s best interests will depend on variables such as their age, maturity, living arrangements, their relationships with the parents and other important people, and whether there exists any high risk issues such as family violence or drug usage.
Can we immediately go to Court?
Parties are required to participate in mandatory mediation before initiating Court proceedings. There are of course exceptions to this rule, for example where family violence exists or where there is a real risk of harm to the child.
The other parent and I have agreed on parenting arrangements, where to now?
You may choose to have these arrangements turned into a Parenting Plan or filed with the Court through Consent Orders.
We have attended mediation and it failed, where to from here?
If you have not yet been issued with a “Section 60I certificate” from the mediator, request one.
The next step is to prepare the required Court documents and commence a Parenting case in the Federal Circuit and Family Court of Australia.
How long does a parenting case take in Court?
While the results of the recent reforms will be determined in time, our goal is to resolve your case wherever possible. Settlement options can be pursued at any stage of the Court process and we will work with you to ensure there is no wastage in time, money and emotional resources.
Do our kids get any say in the parenting arrangements?
While children’s views may be influential, they are only one of several factors the Court must take into account when making orders that reflect the children’s best interests.
How common is a 50/50 equal shared custody arrangement?
Not every case is suitable for an equal shared care arrangement. Without limiting the scenarios, for example: where there are very young children (e.g. under 3) whom have a strong primary attachment to one parent; where the communication between parents is poor or non-existent; or where the distance between the parents’ residences makes it unworkable.
In the end, each case will depend on its unique facts and circumstances, and the Court will be guided by the best interests of the children as the guiding consideration.
How do parenting arrangements work with child support assessments?
Child support is calculated on several factors, one of which is the number of nights within a fortnight that the children spend with each parent.
Child Custody Fees
I Charge Differently to Most Lawyers
- My pricing is based on the value I deliver to you, not the time spent.
- My pricing encourages resolution, not stalling.
- My pricing does not back you against a wall, it empowers you.
- My fees are transparent from the start, not uncovered after the fact.
- My fees are competitive in the marketplace.
- My communication with you is included in the cost, not billed with every email sent.
- My fees facilitate greater trust in the lawyer/client relationship, less skepticism.
