Children and the law

Parenting & Children's Matters

When parents separate, divorce or in other situations there may be a need for increased certainty regarding the care arrangements for children.

The Family Law Act 1975 (Cth) sets out a range of powers and procedures that ensure the best interests of children are not only considered by parents and other parties but are given effect to (there is a short article on this in our Law Blog).

Some ways in which family law can come into play in Queensland regarding children and parenting include:

• court orders about who the child spends time with and on what basis (Parenting Orders and Parenting Plans)
• relocating children
• the payment of child support by one parent (or step-parent) to the other
• changing a child's name
• the involvement of family counsellors, family dispute resolution practitioners and family consultants
• international & interstate child abduction
• addressing Centrelink issues
• dealing with child abuse matters
• addressing domestic violence

Unlike other areas of law, family law and in particular family law involving children should not be navigated with a 'guess and check' methodology. It is possible to research the law yourself for other legal matters (such as conveyancing) and come to an agreeable result, but in the case of children the stakes are always too high for this.

We recommend you consult an Australian Legal Practitioner as soon as you realise you have a legal matter involving children and we encourage you to check on the level of experience the lawyer has with family law issues. You may also find our page which discusses the criteria a court may take into account to make Parenting Orders useful reading, and to learn more about who pays court costs in family law matters visit this page.

The Australian Government has set up a number of Children's Contact Services, which are neutral and safe locations where children can be dropped off and picked up to facilitate shared parenting arrangements. Click here for a list of Children's Contact Services in Queensland.

Contact us for more information, and especially if you are expecting to go to court.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.