Child Custody Lawyers Brisbane
Child custody law is complex — with Cudmore Legal on your team you can be assured of the best child custody legal representation.
Clear, compassionate advice
We provide clear, practical and compassionate legal advice for emotionally complex custody disputes, prioritising children's welfare while offering strategic dispute resolution.
What is 'child custody' in Australian law?
Australian law now uses the terms 'parental responsibility' and 'living arrangements' rather than 'custody'. Key considerations include the child's best interests, safety, relationships with both parents, and each parent's ability to meet the child's needs.
Frequently asked questions
How does the court determine living and care arrangements?
The child's best interests come first, alongside safety and protection from harm, the child's relationships with each parent, and each parent's willingness and ability to meet the child's emotional, physical and educational needs.
What are parenting plans?
Written agreements outlining living arrangements and decision-making. They're not legally binding, but can be used as evidence, and can form the basis of legally binding Consent Orders.
Can children choose which parent to live with?
There's no specific age threshold — courts consider a child's views based on their maturity and understanding of the consequences.
What if an ex breaches parenting orders?
You can apply for a contravention order, which can result in fines or a change to the arrangements.
How are special health conditions considered?
Courts consider which parent is better equipped to meet a child's healthcare requirements.