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Child Custody Attorney
17 May 2024

Child Custody Attorney: Protecting Your Family’s Future

By Family Lawyers Mackay, 17 May 2024
Child Custody

When a relationship ends, it presents many obstacles, often resulting in misery as you make crucial choices. These decisions include dividing assets and setting up living arrangements. If there are children involved, you have to think about child custody and co-parenting with your ex-partner.

Creating parenting agreements is complex and stressful, as these decisions directly impact your time with your children. Prioritising the needs and welfare of your children is paramount. Collaborating with a seasoned family lawyer specialising in child custody matters can simplify this process.

Our family law firm at Family Lawyers Mackay deals with parenting issues and child custody, which means we depend on what you need. With a wealth of experience in various custody matters, our Mackay-based child custody attorney will provide you and your family with advice, research, and representation to ensure the best outcomes.

Contact our child custody lawyer in Mackay today to consult your parenting concerns.

Setting the Framework for Australian Child Custody Laws: The Family Law Act 1975

Section 60CA of the Family Law Act 1975 mandates that making a parenting order must prioritise the child’s best interests.

The above reflects Australia’s dedication to upholding the United Nations Convention on the Rights of the Child. Australian Child Custody Laws prioritise the welfare and interests of the child above all other factors, ensuring that the child’s needs come first.

The Importance of a Lawyer for Child Custody

A lawyer specialising in child custody cases brings several advantages when maneuvering  disputes:

Expertise in Relevant Law:

A lawyer for custody is proficient in the laws and regulations that handle custody arrangements in Australia. They provide insights into parental obligations and rights, ensuring you know all legal alternatives.

Providing Objective Guidance:

Child custody disputes can evoke strong emotions, making it hard to make rational decisions. A skilled custody lawyer provides objective advice, guiding you through legal processes and advocating for your rights while considering your child’s best interests.

Skills in Negotiation and Mediation:

A child custody attorney is skilled in negotiation and mediation to arrive at collaborative solutions. To lessen tension and maintain relationships while protecting parental rights, they investigate methods for alternative dispute resolution like collaborative law and mediation.

Court Representation:

A specialised lawyer is crucial in court proceedings. They represent your interests, present your case persuasively, and navigate courtroom procedures professionally. Their familiarity with the family court system improves your chances of a favourable outcome.

Customised Strategies:

Each child custody case is unique and requires tailored legal strategies. A devoted custody lawyer cooperates closely with you to develop an approach aligned with your goals, confirming the best result for you and your child.


By consulting one of our accredited family law mackay specialists.

Child Custody Solicitors: The Benefits

Engaging in mediation with a team of child custody solicitors doesn’t necessarily prevent a prolonged court battle. Nevertheless, opting for mediation when resolving child access disputes offers additional advantages.

Conserving Parental Relationships

Matters are usually more superficial in divorces or separations without children. Ex-partners can divide their assets and move forward with little interaction.

However, keeping a friendly and respectful relationship between the parents is critical when children are involved. Even after separation or divorce, these former spouses often need to interact regularly for co-parenting.

Unfortunately, contentious separations can make sustaining these relationships difficult. Therefore, it’s valuable to negotiate with your child custody attorney. Additionally, if pursuing a parenting order from the Court, using the services of a skilled negotiator is recommended.

Lessening the Effect on the Child

Divorce can significantly affect a child and their emotional development. Involving children in contentious court battles exacerbates this impact.

Opting for mediation to reach a child custody agreement offers a gentler and quieter approach, which can shield the child from much of the fallout of a divorce or separation.

Reducing the expenses 

Separation proceedings can prove quite expensive. Mediation can shorten the process and reduce costs by sidestepping some exchanges between solicitors and avoiding court appearances.

Family Lawyers Offer Guidance Regarding Child Custody Arrangements

Regarding the 1975 Family Law Act, Family Lawyers Mackay offers current, reliable, and sound advice. Our goal is to represent parents successfully’ and their children’s best interests while aiding them in dealing with family law matters.

Our Mackay-based Family Lawyers are pivotal in securing legal outcomes aligned with your needs. We stand committed to providing you with the essential tools and counsel to fix your family law concerns effectively. Initiate a consultation with one of our seasoned family lawyers by completing a request form.

We provide expert assistance in various aspects of child-related legal matters, including:

  • Child Custody in Your Family Law Case
  • Parenting Plans
  • International Travel for Your Children
  • Consent Orders
  • Court proceedings related to child custody 
  • Parenting Arrangements
  • Child Relocation


By consulting one of our accredited family law mackay specialists.

Will We Need to Appear in Divorce or Family Law Court for Custody?

Court proceedings are typically unnecessary and deemed a last resort in child custody matters.

Many individuals are concerned about involving a lawyer, fearing it may damage their somewhat amicable relationship with their former partner or yield no progress. However, a proficient child custody lawyer can educate you about your rights and advise on the most effective strategies to achieve them without escalating tensions.

Both you and your former partner must attempt to resolve issues before resorting to court intervention. This process, known as ‘family dispute resolution’, is mandatory in all matters involving children. It minimises legal expenses and court involvement while boosting parental agreements.

You must have representation in mediation by an educated and competent attorney. You can access particular amenities without the need for attorneys. If mediation cannot resolve the issue, you can ask the Court to hear the case.

What are Consent Orders for Parenting Under Family Law?

Parties reach consent orders for parenting matters via mutual agreement without the Court’s involvement. These orders carry the same weight as if a judge had issued them, being both final and binding. Typically, parties agree on care arrangements, document them, and then apply to the Court for an order. This process confirms certainty and transparency for the future.

Legal advice for parenting plans

A parenting plan offers a less formal means of recording an agreement. Although not legally binding, parenting plans can be considered when deciding child custody arrangements. They provide flexibility during the initial settling period, allowing children to adapt before reaching final decisions.

Factors Considered in Family Law Child Custody Matters

The typical factors considered include:

  • Personal views of the children.
  • Competing proposals from the parents.
  • Physical or mental health issues affecting all parties.
  • History of violence by either parent.
  • The relationship between the child and each parent.
  • The home environment that each parent can offer.
  • Recommendations from expert social workers and psychologists.

This list needs to be completed.

How can Family Violence Impact the Arrangements Under Family Law for Child Custody?

According to Section 4 of the Family Law Act, family violence constitutes conduct, whether actual or threatened, by one person towards another person or the property of, or a member of, the person’s family. This conduct causes the affected member or any other member of the person’s family to fear for their well-being or safety reasonably.

The Presumption of Shared Responsibility Law

The law presumes shared parental responsibility in child custody cases, covering decisions like schooling, extracurriculars, and health matters. This doesn’t automatically mean equal time with each parent.

Rejecting the Presumption

The presumption can be challenged under Section 61DA of the Family Law Act if there’s been abuse of the child or another family member or if there’s been family violence. However, rebutting the presumption doesn’t guarantee sole custody for one parent; custody decisions weigh various crucial factors.

Expectations from Us

By preferring Family Lawyers Mackay as your child custody lawyers, you achieve a team that:

  • Listens to you.
  • Provides customised advice and data relevant to your particular cases.
  • Prioritises the requirements of your children above all else.
  • Aim to reach the best outcome for your family.
  • Keeps constant communication with you.

We take pride in our professionalism, knowledge, and perseverance. Our goal is to achieve the outcome that is right for you, and we accomplish this by:

  • Always acting in the best interests of you and your children.
  • Ensure you are always informed of your options to make the right decisions for your children.
  • Offering upfront and transparent information about our costs.
  • Respecting your confidentiality.

Parenting and children’s matters can be complex and stressful, so performing with a caring team is crucial.

Your Initial 20-minute Consultation is Free.

Finding the correct attorney can be difficult, but it’s crucial when addressing sensitive issues such as parenting and children’s matters.

Your child custody lawyer should possess not only extensive experience but also instil a sense of comfort.

To ensure the best outcome for your situation, complete trust in your lawyer is imperative. Establishing this trust can prove difficult if you feel uncomfortable with them.

Before committing to our services at Family Lawyers Mackay, we offer a 20-minute free evaluation. During this meeting, you can engage with our family lawyer, pose inquiries, and ultimately ascertain whether they align with your needs.


By consulting one of our accredited family law mackay specialists.

Where Do You Begin Your Search for a Child Cistody Attorney Near Me?

Searching for a family attorney nearby can feel overwhelming, leaving you wondering whether you need guidance. However, various resources are available to help you find reputable attorneys or private lawyers in your area who specialise in family advocacy.

If you are comfortable sharing, asking friends or colleagues for suggestions is best. Their advice will prove invaluable, mainly if they have previously engaged a family attorney. Additionally, online reviews from others who have used an attorney nearby can provide valuable insight.

Making Use of Government and Local Legal Directories

One way to seek legal services is by utilising local legal directories from your state government. These directories list attorneys and their contact information, often including reviews and ratings from past clients, though only sometimes. However, we suggest contacting Community Legal Centres (CLCs) before relying solely on these local legal directories. CLCs are independent community organisations that offer free legal advice and services.

While some CLCs cater to specific geographic areas and specialise in distinct areas of law, which may only occasionally include family law, consulting with a nearby family attorney like Family Lawyers Mackay is often beneficial. You can contact us at (07) 4847 0198 or our website. We’re here to assist you and can direct you to the right resource if it is vital.

Asking Friends and Family for Suggestions

Friends and family facing a similar legal situation can offer invaluable recommendations for finding a reputable family attorney nearby. These recommendations are based on personal experiences and can offer insights into the attorney’s professionalism, expertise, and approach to handling cases.

However, it’s essential to remember that each case is unique, and what was adequate for one person, including their choice of lawyer, may not be suitable for you. Ultimately, assessing the attorney’s suitability for your specific needs and objectives is crucial – which we’ll explore now.

Look For The Top Family Lawyer At Family Lawyers Mackay

Family Lawyers Mackay takes pride in offering family law services to families throughout Mackay. We aim to positively influence our clients’ experiences as they operate their separation and divorce, delivering outcomes they rightly deserve as promptly as possible. We can assist you in achieving practical and appropriate custody arrangements that reflect your needs and the best interests of your children.

At Family Lawyers Mackay, our team can guide you through the core legal principles and clarify complex terms like equal shared parental responsibility and significant and substantial time in practical terms for you and your children. We will help you explore all available options for devising parenting solutions that suit you and your partner.

Contact us today to discuss the particulars of your parenting matter. Arrange your free 20-minute consultation today to commence as soon as possible.


By consulting one of our accredited family law mackay specialists.


What if I already have family law proceedings, including child custody? Can you still assist me?

We can help if you’re already involving the Family Law Court process and need representation. Our team collaborates with top family law barristers to ensure the best legal representation for child custody matters, protecting your and your children’s legal rights.

What will a Mackay child custody attorney suggest about my separation?

In Australia, we uphold the “best interests of the child” doctrine, prioritising the child’s well-being in court proceedings. The Court evaluates multiple factors to determine the child’s primary residence and which parent should make important decisions about education, religion, and healthcare. Child custody arrangements may also involve grandparents or other caregivers. Our child custody attorneys will operate your case with the care, confidentiality, and compassion you and your family deserve.

What does child custody law entail?

Child custody law regulates a child’s care, welfare, and growth. The term ‘custody’ is no longer used in family law proceedings. When discussing a child’s care arrangements, the Court favours the terms’ lives with’ and ‘spends time with’.

Can a parent who holds sole custody alter a child’s name?

In most circumstances, both parents on the birth certificate must decide to modify a child’s name. Suppose one parent has sole parental responsibility under a Family Court order. In that case, they cannot request a name change unless the order explicitly allows it. If you’re contemplating changing a child’s name under sole custody, it’s best to seek guidance from a legal professional.

Remarks from our family law clients in Mackay

Family lawyers Mackay and in particular Elise Foote have represented me for a number of years through my divorce and parenting plan process.  Finalising these matters have at times being extremely difficult and trying. However Elise’s knowledge in family law, support and empathy was unwavering. Her professionalism and compassion allowed me to remain focused on the importance of my goals and what is best for my children and our future.  I can’t thank Elise and Family Lawyers Mackay enough for everything they have done. – Tanya Szepanowski

Initial consultation was professional and clear guidance about the process also very honest with costs estimaters. Overall I found helpful. – Shahid Masud

Get in touch today!

We take pride in customer service and look forward to handling your matter.