Applications for orders affecting children, including who children live with (i.e. child custody), spend time with and communicate with, are called “parenting orders”. If you believe you need to obtain, change or remove an order, you may benefit from speaking to one of the child custody lawyers at our Brisbane firm.

Applications for parenting orders are quite different to other applications in the State and Federal Courts in that the parties to the application are often not seeking to assert their own rights, but rather seeking orders with respect to the rights of the subject child or children. Your child custody solicitor will be able to explain your rights and responsibilities in plain English.

The Family Law Act 1975 (“the Act”) contains in Part VII the law with respect to parenting matters, including setting out in the “objects and principles” what are the rights children enjoy as well as the responsibilities parents have.

The court has a broad discretion to make a parenting order subject to making the “best interests of the child or children” the paramount consideration in making an order.

The Act sets down the best interest factors in section 60CC. The factors are separated into “primary” and “additional” factors; and the weight the court affords to any particular factor will depend upon the circumstances of your case.

Children’s matters can be very emotional and it is important that you retain a child support lawyer in Brisbane who can provide expert child custody advice. Hooper Family Lawyers are Brisbane family lawyers who can assist you in understanding the family law system as it relates to child custody/parenting, formulating a parenting regime that will be best for your children and your family or fighting for the rights of your child in court if necessary.