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Arbon Legal Group

Child Custody Lawyers Gold Coast

Contact us at Clarity Legal Group to discuss your parenting case. Our team of experienced and compassionate Gold Coast family lawyers are here to take on your case with the full force of their knowledge, expertise, and care for the best outcome possible.

Do you need help with

Family Law parenting case?

Whether you are seeking to establish or modify a parenting agreement, our lawyers will provide thorough legal representation to ensure that your rights and interests are fully protected.

At Clarity Legal Group we can take care of everything needed for you to get the outcome you desire.

We can help draft and advise you about Parenting Plans.

We can help prepare and apply for Parenting Orders by Consent.

We can help you apply to the Court to have a judge decide the outcome.

Help with

Child Custody issues

We have been through the process of parenting disputes many times and understand what it takes to get the right outcome for your child. We are well-versed in the law on parenting arrangements (which used to be called child custody), from matters regarding parental responsibility to living arrangements, time with each parent and child support.

Our lawyers will provide comprehensive legal advice and representation for all stages of a Family Law parenting dispute, including representing you in court if necessary. At Clarity Legal Group, we strive to obtain the best outcome for your case while also staying mindful of the emotional toll that can come with this type of proceedings.

We are here to help you through these difficult times and will provide advice and support along the way, so don’t hesitate to get in touch if you have any questions or concerns about your child’s case.

Our services range from full-scale legal representation to more informal consultations including:

  • Family Law

  • Dispute Resolution

  • Mediation

  • Consent Orders

  • De Facto Relationship

  • Courtroom Advocacy

  • Binding Financial Agreements

  • Parenting matters

  • Family Provision claims

  • Litigation

  • Domestic Violence Issues

  • Property Settlement

Let Clarity Legal Group be your trusted law firm for Family Law parenting matters. Family law issues can be complex, stressful, and emotionally draining. With a top rated team of family lawyers at your side, you can have the confidence and assurance that your case is being handled by professionals with the best interests of everyone involved in mind.

Family law and children

Experienced Family Lawyers

When parents of a child (or adopted child) or children under 18 separate, they will generally both have an equal parental responsibility for the child unless a Court Order states otherwise.
It is important to distinguish however, between:
1. equal shared parental responsibility; or
2. equal time with the child.

Best interests of the child

Whatever your situation, the law aims to protect children in two ways:

  1. Ensure that children enjoy a meaningful relationship with both of their parents; and
  2. Ensure that children are protected from harm.

Equal shared parental responsibility

Equal shared parental responsibility is the presumption that both parents will have a role in making decisions about major long-term issues, for example:

  • Where a child goes to school;
  • Treatment for major health issues.
This presumption may be quickly rebutted in instances where a parent has been violent or abusive. The key here is to understand the impact of the situation on the child and whether a parent is at risk of harming the child, either physically or emotionally.

Equal shared time

Equal shared time is available to parents when:

  1. they can agree to this arrangement; or
  2. a court finds that equal time is in the best interests of the child and is the most suitable arrangement.
Equal shared time is usually on a week about or fortnightly schedule where parents can pick up/drop off children at school, day care, sport, public place etc.

Family Dispute Resolution

Unless there is an urgent risk of harm to the children, such as abuse or abduction, each party must make a genuine effort to resolve disputes before filing Court Proceedings.

The parties will need to book a FDR conciliation conference and make a ‘genuine effort’ with the Family Dispute Resolution Practitioner to resolve the children’s issues. The effort should be one that is realistically directed at resolving the issues that are the subject of the application to a court.

After the conference, a Section 60I certificates will be issued to each of the parties indicating one of the following:

  1. one party refused to attend;
  2. one party did not attend because the practitioner did not consider it would be appropriate;
  3. the parties attended and made a genuine effort to resolve the issue;
  4. the parties attended but one or more of them did not make a genuine effort to resolve the issues in dispute; or
  5. the parties started the conference, but part way through the practitioner decided it was not appropriate to continue.

The Court in some rare instances may award costs against a party based on their failure to attend or make a genuine effort.

Once a section 60I certificate has been issued, the parties may file proceedings in Court to have matters finalised.

At Clarity Legal Group our team are highly experienced in resolving court and non-court parenting arrangements in Family Law. We can guide you through the process and help you to achieve the best outcome for your children.

Contact us today on (07) 5562 0444 or send an email to admin@claritylegalgroup.com.auor you can get started online by clicking here.

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