Why Do You Need an Experienced Family Lawyer for a Parenting Matter?
When the parties cannot agree to the arrangements for the care and maintenance of a child or children, then a family lawyer is required. At Brydens Lawyers, we have the expertise and experience to advise and represent you in relation to any proposed child custody arrangements and the effects or consequences of such orders.
Our child custody lawyers can also advise you on the necessary requirements to initiate proceedings, as well as what orders you can seek in relation to living arrangements and time to be spent with a child or children. We can also provide legal advice about whether the responsibility for making any decisions concerning the child or children should be a shared parental responsibility or allocated to one parent only.
What Are the Costs Involved?
The legal fees will vary depending on a number of factors. These legal fees will be dependent on the nature of the instructions provided and the work necessary to be undertaken.
If you would like to speak to one of our family law experts about your personal circumstances and how we can help, then please do not hesitate to get in touch with us.
Why Are Brydens Lawyers the Right Family Law Representation for You?
At Brydens Lawyers, our team of expert family lawyers can provide you with expert family law advice, as well as all of the information you require when it comes to parenting arrangements for your child or children at a reasonable cost.
Our team of experienced family lawyers are aware of the sensitivity that can arise in every family law matter and understand that every person’s circumstances are different. Our team of family lawyers will seek to achieve the best possible outcome for you and your family. Start the conversation with us today by booking your free* initial appointment.
*Conditions apply.
How Can I Prevent My Child From Leaving Australia?
In the event that there is a possibility or a threat made that a child could be removed from Australia, the court can make orders which include:
Restraining the removal of the child from Australia.
Requesting that the Australian Federal Police (AFP) place the child’s name on the Airport Watch List following a court order.
Requesting the AFP to assist in the implementation of the order.
What Will a Family Lawyer Organise for You?
At Brydens Lawyers, our expert family lawyers can advise you on what you can expect when it comes to court proceedings relating to parenting and child custody cases.
Our expert lawyers can arrange a mediation between you and the other party in an attempt to reach an amicable agreement. If such an agreement is made, then consent orders can be prepared and filed with the court. Our lawyers can also prepare all the necessary court documents and represent you in court at the various stages of your proceedings should an agreement not be reached. They will also advise you as to the particular matters that need to be addressed in all the documentation prepared, including the supporting affidavits. The lawyer representing you in any parenting proceedings will provide you with expert legal advice throughout the entire process, keeping you up to date across all developments.
What Does the Court Consider in Parenting and Child Custody Matter Decisions?
The best interests of the child will always be paramount in the court’s consideration when making a decision about a parenting matter under the Family Law Act.
Matters that are brought into account will include:
The benefit to the child in having a relationship with both parents.
The need to protect the child from family violence (physical or psychological harm).
Any views expressed by the child.
The nature of the relationship that the child has with each parent.
The extent to which the child’s parents have taken, or failed to take care of, the child.
The likely effect of any changes in the child’s circumstances.
The capacity of each child’s parents to provide for the needs of the child.
The maturity, sex, lifestyle and background of the child and either of the child’s parents.
Any history of family violence.
In the event that the child is of Aboriginal or Torres Strait Islander descent, then further consideration will be given to the child’s right to enjoy their cultural heritage and the impact, if any, on the court’s orders on such enjoyment.
What Options Are Available if a Party Does Not Comply with Parenting Orders?
Should a person fail to comply with a parenting order as made by the court, then the following options are available:
The parties attend a family dispute resolution conference.
A contravention application is filed with the Family Court.
In the event that a contravention application is filed with the court, the court will determine whether there has been a contravention. If so, the court will then assess whether there was any reasonable excuse for such an infringement. Under the Family Law Act, if the Court finds that a party has failed to comply with a parenting order without reasonable excuse, the court has a number of options available to it, including:
Ordering a party to attend a post-separation parenting program.
Varying the primary order.
Requiring that party to enter into a bond.
Ordering a party to pay a fine.
Ordering a party to pay compensation for reasonable expenses lost as a result of the contravention.
When Should You Consult a Child Custody Lawyer?
You should consult a family lawyer as soon as possible once a dispute or potential dispute arises, and before any Orders are either agreed to or signed by the parties. This is important, as any court orders that are made will be enforceable until the child reaches adulthood at the age of 18.
The expert family lawyers at Brydens Lawyers are able to advise you as to the effects and consequences of any proposed arrangements. This will ensure that these arrangements are practical and in the best interests of the child or children.
If there is an allegation of family violence or a particular risk identified for the child or the primary caregiver, it is imperative that you immediately consult with one of the expert lawyers at Brydens Lawyers to ensure that these risks are identified and appropriately addressed. If you feel as if there is an immediate risk to your child or yourself, please call the police on 000 immediately.
At Brydens Lawyers, we understand that all matters related to family law can be complicated and stressful for all parties involved. Tha is why we aim to provide supportive and caring family law services that can help you reach the best outcome for your family. Our team of expert family lawyers are here to help you in regard to child custody matters, as well as other areas of family law such as child support, property allotment, and more. If you would like to discuss your case with one of our reputable family law experts, please call us on 1800 848 848 or contact us online.
