Our experienced Gold Coast child custody lawyers can assist you with parenting matters including negotiations, dispute resolution, parenting orders and court representation when required. Book your free 15 minute consultation to get started.
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At Advance Family Law, we know that child custody negotiations can be a challenging part of separation. We’ve been providing legal support and practical guidance to Gold Coast families since 2012, ensuring arrangements focus on your children’s wellbeing and what is practical for your family.
With more than 40 years of combined experience, Directors Sonya Black and QLS Accredited Family Law Specialist Joshua Peters provide advice on all parenting and family law matters. We’ll clearly explain possible outcomes in line with the Family Law Act 1975 (Cth) and ensure you have clear expectations.
Some of the most important realities are that there is no default parenting ‘split’, such as 50/50, and parents have responsibilities to their children, whereas children have rights – and decisions made need to be in their best interests, not just what mum or dad wants.
We’ll help you to understand your options and work towards creating stable, lasting arrangements for your children, out of court, wherever possible. If court proceedings become necessary, we’ll provide strong representation and advocacy on your behalf. Whether you are negotiating early arrangements, need to update current orders or resolve a dispute, we’ll guide you through the process.
Whether you’re dealing with a family law matter or need advice or representation in court, you can rely on our highly experienced team.
Contact us for a complimentary 15-minute consultation to discuss your situation.
In Australia, the majority of parenting matters are resolved privately between parents, through mediation or with the assistance of a lawyer. Important issues like living arrangements, if/how care is shared, how major decisions for the child are made, communication, changeovers, special occasions and travel can be written into either a parenting plan or a consent order if parents agree.
If parents are in dispute over arrangements to be made, they can attend Family Dispute Resolution if suitable. An FDR practitioner will assess suitability on intake, and may not go ahead if there are family violence, abuse or other concerns.
If FDR is unsuccessful due to either party not co-operating or non-attendance, a 60I certificate can be issued by the FDR practitioner and court proceedings can be commenced. A small number of matters are decided in the Federal Circuit and Family Court of Australia by a Registrar or Judge when parents cannot agree, or there are more complex considerations.
Decisions made in court and advice given by parenting lawyers are based on laws set out in the Family Law Act 1975 (Cth). The central guideline for parenting decisions is what is genuinely in the best interests of a child, based on considerations set out in 60 CA and 60CC, while ensuring children are safe and have stable living arrangements.
Protecting children from harm, and anyone who cares for them, is outlined in 60CC, which shifted in the May 6th, 2024 parenting amendments, placing a greater emphasis on addressing the effects of family and domestic violence. Family violence includes many types of behaviours, including coercive control, and is defined in section 4AB of the Family Law Act 1975 (Cth).
These amendments also repealed the presumption of equal shared parental responsibility under the former section 61DA, which also meant the courts needed to consider making an order for equal time for each parent (such as 50/50). Each parent will still have parental responsibility as per section 61C of the Act, unless a court order states otherwise (61D). The court will now consider if it is the best option when making new orders, instead of automatically presuming it is.
There is no standard ‘right’ or ‘wrong’ amount of care / time arrangement that is set out in Australia – it’s what is going to work best for your child, and be practical for both parents. It may also change over time, based on your child’s needs, and what works best in your circumstances. It may be 50/50, or weekends, or flexible schedules around each parent’s work or other commitments.
It’s also important to note that ‘custody’ is a very outdated term, and terms currently used which are set out in section 64B of the Act are around who a child lives with and spends time with, and parental care and responsibility.
Our team knows how important it is to create practical and fair parenting arrangements. If you need help to organise parenting arrangements or resolve a parenting dispute, please book a free 15 minute consultation to find out how we can help. We have extensive experience handling parenting matters, ensuring that the best interests of your children are placed first.
Step 1
Organise a free 15-minute telephone consultation with our Gold Coast parenting lawyers.
Step 2
We’ll ensure you know your options and can make informed legal decisions.
Step 3
Our team will work closely with you to resolve your child custody matter, so you can move forward with your life.
Sonya Black founded Advance Family Law in 2012 and has more than 22 years’ experience as a family lawyer. She assists clients with complex parenting and property matters, including financially complex settlements involving businesses, companies and self-managed superannuation funds.
Joshua Peters joined Sonya Black as a Director in 2018, bringing more than 19 years’ experience in family law. As a Queensland Law Society Accredited Family Law Specialist, he advises on complex parenting and financial matters, with a strong focus on achieving practical outcomes through negotiation.
Lauren Baptiste is a family lawyer who helps clients navigate parenting arrangements, property settlements, divorce and domestic violence matters. Admitted in 2022, she brings a compassionate and practical approach to family law, alongside experience in Wills and Deceased Estates.
Advance Family Law has been serving families across the Gold Coast since 2012, with a dedicated focus on family law and parenting matters. Our Directors, Sonya and Joshua, have more than 40 years of combined experience helping clients through separation, parenting arrangements and other family law issues.
We are a small, dedicated team based in Biggera Waters on the northern Gold Coast. We regularly assist families from Runaway Bay, Labrador, Coombabah, Hope Island, Helensvale, Carrara and surrounding suburbs.
Our office is easy to reach by car from Exit 62 at Helensvale, whether travelling north or south on the M1, or via Bayview Street from the Gold Coast Highway. There is ample on-site and nearby street parking.
If you are travelling by public transport, the nearest bus stop is on Brisbane Road at Centre View Drive in Runaway Bay, approximately 300 metres from our office. Helensvale train station is around 4.1 km away and the Gold Coast University Hospital light rail station is approximately 3.3 km away.
There is currently no Federal Circuit and Family Court of Australia registry in the Southport legal precinct. Depending on your circumstances, if court proceedings are necessary, they may be dealt with at the Brisbane registry or, for some families in the southern Gold Coast or Tweed Heads area, potentially Lismore.
If you are dealing with parenting arrangements, a parenting dispute or another family law matter, our local Gold Coast team can help you understand your options and what steps may be appropriate for your family.
We are located at Unit 6, 215 Brisbane Road, Biggera Waters, 4216, and also have an office in Logan if that’s more convenient for you to attend.
Child custody is an outdated legal term that is still commonly used by the public. Parents have a responsibility to care for their children, and current legal terms are ‘care of’, ‘time with’, ‘living arrangements’, ‘parental responsibility’ and ‘time with schedules’. The majority of parenting matters in Australia are organised between parents, often with the assistance of mediation or a lawyer. If a matter reaches court, they are decided in a similar way as they have been for some time, based on what is best for the child and provides stability, and the ability to have a meaningful relationship with both parents, where possible and safe to do so.
However, in May 2024, family law reforms clarified, altered and strengthened some areas of the Family Law Act 1975 (Cth) regarding parenting. This includes a stronger focus on the best interests of a child, a greater emphasis on the voice of a child, and further considerations to the safety and wellbeing of a child and any family violence concerns. Another significant change was the removal of the presumption of equal shared parental responsibility when making parenting orders. All parents have parental responsibility when a child is born. The courts now consider whether this is actually suitable and in the best interests of a child when making a new order, because in certain matters (high-conflict, abuse, family violence, coercive control, serious addiction or mental health issues), sole decision making may be the better option.
If parents cannot agree on parenting arrangements, there are several options available. Attending Family Dispute Resolution or mediation is often the first step, where a mediator will help parents to negotiate a parenting (child custody) agreement. FDR and mediation can be attended with or without a lawyer – and a lawyer can help you to formalise agreements made on the day. Another option is to work directly with a child custody lawyer to negotiate on your behalf.
If these options fail, parents can seek a judgment to be made in the Federal Circuit and Family Court of Australia. The court process involves several stages, including interim (early) hearings, directions (things that need to happen, such as a Family Report or ICL being appointed) and a final hearing, where the judge will decide based on the child’s best interests. Most matters resolve before trial, and parents may be sent back to mediation or FDR during the process, or choose to resolve the matter at any stage.
Finding the right child custody lawyer is important because their involvement in your matter can have long-term consequences for you and your children. As with any professional service, start by asking for word-of-mouth recommendations, look at online reviews and law firm websites and social media local to the Gold Coast. Look at what services they offer, if they specialise in anything or have any Accredited Family Law Specialists on the team.
Call or email firms directly and consider booking in for a free discovery session if offered. Ask who you will be working with, what costs are involved and what your options and likely outcome are. Most importantly, choose a child custody lawyer that you feel comfortable with, because you’ll be working closely with them on a very important and personal matter.
Contrary to popular belief, there is no ‘standard’ or ‘default’ parenting arrangement in Australia such as 50/50 ‘week-about’ or the older ‘every second weekend’ structure. In most cases, parents can make a choice about what’s going to work best for their children and family needs, and agree on terms informally, through a parenting plan or through legally enforceable consent orders.
There are many factors that may influence a child’s living arrangements and time with each parent, and plans may change over the years. If parents can agree and abide by the terms of their agreement, there is no need to go to court or organise orders. If they can’t they will need to go to mediation or FDR, have lawyers assist with negotiation or in rarer matters, have the courts decide. Regardless of the amount of time with each parent, arrangements should reflect what is in the best interests of a child, create stability and be practical for parents.
Yes, but they don’t get to make the decision on their own. Many parents are unsure how much say their child has in where they live as they grow up, or even when parenting arrangements are first made. A child may express that they want to be with one parent more often, or may tell both parents they want to be there all the time, or express resistance at visiting the other parent.
Parents can choose to work around what their child expresses, or will need to make a shared decision here – or have the matter decided in court if they can’t agree. If parenting orders are in place, both parents have a legal obligation to adhere to the orders in place, and discuss any long-term decisions before acting on them. A child’s views will be considered if a matter goes to court in line with section 60CC (2)(b)of the Family Law Act 1975 (Cth).
This may include direct opinions of a child, information gathered in family reports or counselling or by an ICL, depending on the child’s age and maturity. While a child’s view is important, this factor alone doesn’t mean a child can simply say they want to be in one home, or one parent decides that works and that’s what happens. Unless one parent has been granted sole decision-making, parents are encouraged to consult with each other regarding long-term decisions as set out in section 61CA of the Act, if it is safe to do so, and where they live is a major decision. If consent or parenting orders for joint decision-making are in place (many orders made before May 2024), parents are obligated to consult with each other and genuinely attempt to reach a joint decision, and adhere to living arrangements in orders. If the court decides on where a child lives, the situation will be assessed based on what is in the best interests of a child.
In Australia, when a child is born, both parents have parental responsibility, which is automatic. This means both parents make decisions about long-term matters such as schooling, healthcare, culture and other important choices. If parents divorce or separate, this continues, regardless of how much time a child spends with each parent, as a baseline.
However, before 2024, when separated parents made consent or parenting orders, it was presumed (in court, and by family lawyers) that in almost all matters, parents would both be given equal shared parental responsibility and decision-making, regardless of whether care was shared equally. In May 2024 family law amendments occurred, which removed the presumption of equal shared parenting responsibilities when making new consent or parenting orders. The court now considers whether this is in the best interests of a child before granting sole or joint decision-making. Orders made before this time are not affected by this change.
Family and child custody lawyers offer specialised legal advice based on the Family Law Act 1975 (Cth), and can help parents to have realistic expectations of how parenting matters will be assessed if they go to court. They can help with negotiation, mediation and dispute resolution, ensuring you understand your rights, responsibilities and obligations.
Family lawyers will also help you to gather evidence, any specialised reports or assessments required, and represent you in court during complex child custody issues, such as when a parent seeks to obtain full custody of their child, or sole vs shared parental responsibility. They can also assist with urgent orders if immediate action is required, such as location or recovery orders. They can help you organise supervised time if you have concerns about your child’s safety or wellbeing, and provide legal support to address family violence, parental alienation or ongoing disregard for parenting orders.
Mediation and Family Dispute Resolution (FDR) are neutral spaces run by trained third-party facilitators to address parenting matters or disputes, without needing to resort to court proceedings. For many separated couples, most agreements can be reached in one, or a few, sessions. The process encourages collaborative decision-making by parents rather than having a court decide.
If matters cannot be agreed upon in mediation, a court application can be made to have disagreements resolved. In most cases, unless the matter is urgent or there is a safety risk, you will need to provide a Section 60I certificate with your application to the court, to show that you have already attempted to resolve matters.
A parenting plan and consent orders are both essentially a written agreement between separated parents that outlines living arrangements, visitation schedules, changeovers, communication, information sharing and decision-making for children. Parenting plans are set out in section 63C of the Family Law Act 1975 (Cth), and parenting orders are addressed in section 64B.
Both help parents to have clear expectations and outline practical considerations and responsibilities of each parent. The difference is that a parenting plan is not generally legally enforceable, and consent orders are. The courts can consider a parenting plan, but they are not court orders. Having consent orders in place means that if either parent is not adhering to the agreement, further action can be taken to enforce the terms set out.
Consent orders and parenting orders are both the same legal document, which are set out in section 64B of the Family Law Act 1975 (Cth). The difference is that consent orders are made when both parents agree and consent to the orders, whereas parenting orders are decided on by the courts. Both are legally binding, and can be enforced if either parent is not honouring the terms of the agreement. Parenting plans are made between parents and are not legally enforceable, but courts can consider them, and consent orders can be based on them.
If either parent breaches the order, for instance, not returning children at changeover, deciding to relocate without agreement, refusing to share information, or any other areas set out in the orders, parents can apply to the court to take action to make the other parent comply with orders (enforcement orders), return a child (recovery orders), or address the parent breaching them. The court may respond in a number of ways, such as ordering make-up time or changing the orders in place (contravention orders).
If a parenting order is breached, you can consider if mediation, FDR or lawyer assisted communication can resolve the breach. If those avenues are not successful in resolving the issue, you can make a Contravention application through the Federal Circuit and Family Court of Australia under Division 13A of Part VII of the Family Law Act 1975. These applications are heard in a streamlined manner via the National Contravention List.
Making an application itself is free of charge, and can address non-compliance with orders. The court has two separate pathways if an application is upheld and there was no reasonable excuse for the breach. They can enforce the order (request the other party follow the order), or they can impose penalties, depending on the seriousness of the breach. An overview of contraventions is outlined in section 70NAA of the Family Law Act 1975 (Cth).
It depends on the circumstances. A short move that doesn’t affect the other parent is generally fine. A move that both parents agree on is also workable, but it’s a very good idea to get any agreement here in writing, or have it reflected in a consent order. A move that would make it harder for the other parent to spend time with their child can be more difficult, and if they object, you can apply for a relocation order. For this type of order to be granted, the court may consider the reasons for moving (employment, support network) and how they will impact the child and the child’s relationship with the other parent.
If you have existing parenting orders in place, they can be changed if both parents agree and apply for new orders, or may be able to be changed if one parent applies and there have been significant changes that make it sensible for them to be changed, and the changes are in the best interests of the child or children concerned. Parents can’t just change orders because they feel like it, and choosing not to adhere to orders in place can lead to legal enforcement or breaches.
In Rice & Asplund (1979) FLC 90-725, after an ongoing dispute about which parent the child should live with, the Full Court emphasised that parenting orders should not be changed on a whim, or without good reason, to maintain stability for a child and to prevent ongoing disputes and litigation. In May 2024, this was added to the Family Law Act 1975 (Cth) under section 65DAAA. If you can agree on the changes, it may be possible to create a parenting plan, which can “override” existing orders in some cases, rather than seeking new consent orders, but get legal advice before you sign anything, as this can void the current orders for good. If you don’t agree, it’s important to seek legal advice regarding altering orders currently in place.
Child custody lawyers help parents to negotiate and draft parenting plans and consent orders. They can help from early discussions about which time and care arrangement will best suit your child and co-parenting circumstances, negotiate terms with the other party, ensure the right details are in the documents, draft the necessary legal documents, and submit orders to the Federal Circuit and Family Court of Australia for approval.
They’ll make sure you understand the terms before signing anything, and your obligations to adhere to orders, or advise on the suitability of a less formal parenting plan. They can help you ensure that arrangements are fair, practical, and in the child’s best interests, and that living arrangements, time schedules, and decision-making responsibilities are all addressed properly. They can also assist with obtaining parenting orders in court if no agreement can be reached for consent orders.
If parents can’t agree on where a child lives or other parenting matters, they will generally be required to attend mediation or FDR to discuss the matter before going to court. If your matter does end up in court in Australia, the court will prioritise what is in the best interests of the child while reaching a decision, in line with section 60CC of the Family Law Act 1975 (Cth).
Determining what is in a child’s best interests considers which arrangements promote the safety of the child and each person who has care for the child, meeting the developmental, psychological, emotional and cultural needs of the child, and the capacity for each parent to do this, and the benefit to the child of having a meaningful relationship with both parents, where it is safe to do so. The courts focus on arrangements that provide stability for the children, and consider any other factors relevant to the child when making a final decision.
Seeking legal advice early in parenting matters can help to ensure your rights are protected and your child’s best interests are central to any arrangements made. Even in an amicable split where an informal parenting plan is in place, understanding your obligations and responsibilities is important. Lawyers will guide you through the legal process and ensure arrangements are legally sound.
If you and the other parent cannot agree, or there is a history of “high-conflict” behaviour, lack of co-operation, family violence or safety concerns, it’s really important to access legal advice as early as possible to avoid matters escalating, and to take the necessary steps to put formal agreements in place.
There are different ways that child support can be organised in Australia, which is either through Services Australia or through private agreements that are made legally binding. You can find out more about child support here.
