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Family Law:
Child Custody Lawyers

Parenting Matters

When parties separate and there is a child or children involved, there may be disagreement as to which parent should retain parental responsibility of the child or children, the living arrangements for the child or children as well as how much time the child or children should spend with the other parent. 

When the parties are determining such matters, it is important to note that the best interests of the child or children will always be of paramount consideration if a child custody dispute comes before the court.

WHY DO YOU NEED A FAMILY LAWYER FOR A PARENTING OR CHILD CUSTODY 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.  Family lawyers have the expertise and experience to advise and represent you in relation to any proposed child custody orders and the effects or consequences of same.

At Brydens Lawyers, our expert child custody lawyers can also advise and represent you in relation to the requirements necessary to initiate proceedings, as well as what orders you can seek in relation to living arrangements, time to be spent with a child or children, and whether the responsibility for the making of any decisions concerning the child or children should be shared parental responsibility or allocated to one parent only.

WHAT WILL THE FAMILY LAWYER ORGANISE FOR YOU?

At Brydens Lawyers our expert family lawyers can advise you as to what you can expect when it comes to proceedings in court relating to parenting and child custody disputes. 

Our expert lawyers can arrange a mediation as between you and the other party in an attempt to reach an amicable agreement.  If such an agreement is made then draft consent orders can be parped and filed with the court.  Our expert lawyers can also prepare all the necessary court documents and represent you in court at the various stages of your proceedings should agreement not be capable of being reached.  Our expert lawyers will 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 child custody proceedings will provide you with expert legal advice throughout the entire process.

WHEN SHOULD YOU CONSULT A FAMILY LAWYER?

You should consult a family lawyer as soon as possible once a dispute or potential dispute arises, and preferably before any Orders are either agreed to or signed by the parties.

It is imperative to consult with a family lawyer with respect to parenting arrangements for children as it will be necessary for such orders to be made by the court so that they are enforceable until the child reaches their adulthood at 18 years of age.

The expert family lawyers at Brydens Lawyers are able to advise you as to the effects and consequences of any proposed arrangements to ensure that these arrangements are practical and in the best interests of the child or children. 

In the event that there is any allegation of family violence or any particular risk identified for the child or children or to the parent to whom the child or children have been allocated for primary care, 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.

WHAT ARE THE COSTS INVOLVED?

The legal fee will of course vary on a case by case basis and is dependent on a number of factors.  It will include the nature of the instructions provided and the work necessary to be undertaken.  It will also be determined by whether or not there are children involved in the separation and what particular arrangements need to be made in that regard.

To discuss the question of costs do not hesitate to contact our expert team of family lawyers at Brydens Lawyers on 1800 848 848.

WHAT DOES THE COURT CONSIDER IN PARENTING/CHILD CUSTODY MATTER DECISIONS?

Under the Family Law Act, in the making of a decision in connection with a parenting matter, the best interests of the child will always be paramount in the court’s consideration.

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 his cultural heritage and the impact, if any, on the court’s orders on such enjoyment.  

For further information do not hesitate to contact our expert family lawyers on 1800 848 848 who will be able to address any concerns that you may have in relation to your parenting matter.

WHAT OPTIONS ARE AVAILABLE IF A PARTY DOES NOT COMPLY WITH PARENTING/CHILD CUSTODY 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 in fact and if so, whether there was any reasonable excuse for such a contravention.

Under the Family Law Act, if the Family 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

HOW CAN I PREVENT MY CHILD FROM LEAVING AUSTRALIA?

In the event that there is a possibility or threat made that a child may be removed from Australia, the court can make orders which include:

  • That the child be restrained from leaving Australia
  • That a request be made of Australian Federal Police to place the child’s name on the Airport Watch List
  • That the Australian Federal Police assist in the implementation of the orders as made by the court

WHY ARE BRYDENS LAWYERS THE RIGHT FAMILY LAW REPRESENTATION FOR YOU?

At Brydens Lawyers, our team of expert child custody lawyers and family lawyers will provide you with expert and concise family law advice, as well as all of the information that you will require when it comes to parenting arrangements for your child or children at a reasonable cost.

Our team of expert and 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 expert team of family lawyers will seek to achieve the best possible outcome for you and for your family. Start the conversation with us today by booking your free* initial appointment. *Conditions apply.

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"I couldn’t be happier with the Family law team at Bryden Lawyers. I dealt with Natalie and Amanda who were both professional and knowledgeable in my case which ran for 2 years. Overall, I was impressed with the way they guided me in that time, and I felt I could make accurate decisions clearly on their advice. This helped achieve a good outcome to the case and in the end, I considered the cost to be very reasonable for the amount of time that was spent on the matter"

Brenden, a client of our Family Law division.

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LIVERPOOL HEAD OFFICE

Lvl 2, 203 Northumberland Street,
Liverpool NSW 2170

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