Children Legal Services

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Although equal shared parental responsibility is assumed under the Family Law Act, it does not always become a reality. One of the parents involved within a dispute may be opposed to the idea of co-parenting and therefore seek to exercise equal parental responsibility for the children independently. This is why it is important to seek legal advice from a professional to ensure that the best interests and outcome for the children are kept a priority. If you believe there are extenuating circumstances that disapprove of equal shared parental responsibility between both parties, then our dedicated solicitors are here to fight for your rights.

Prioritizing the children’s best interests determines how much time each parent will spend with them.

However, in most cases it is usually of a great benefit to the children involved to spend as much time as possible with both parents.

Quality time spent with both parents is necessary for the children to enjoy their company and to receive their support, love, and care.

If you and your ex-partner have come to terms on an agreement that oversees the time each party will be spending with the children, along with in what way the time and days are divided, a formal Parenting Agreement or an application to the Court for a Parenting Order should be seriously considered.

Therefore, it is crucial to seek expert legal advice from an experiences child custody lawyer to assist with taking the necessary steps in putting an Agreement or Order in place, so that your rights are fully property if any issues present themselves.

For more information contact our office.

If you are currently experiencing a dispute in relation to the arrangements that have been agreed upon, you should seek legal advice to resolve the dispute and matter as soon as possible.

At BWJ Law our team of solicitors have extensive experience advising on and representing clients that are involved in a child custody matter.

Prior to submitting an application with the Court requesting an Order in relation to a child custody matter, the Family Law Act 1975 requires the parties to firstly attend mediation and secondly obtain a certificate from a registered Family Dispute Practitioner.

Our solicitors at BWJ Law will make sure that you are informed and prepared of the process of mediation, however, there are certain circumstances where a certificate is not necessary, these include urgency and violence.

If you believe that you or a loved one are in the midst of a matter of urgency, or experiencing violence, you should reach out to any relevant authorities and contact us immediately on 07 3390 2344.

A child support agreement being in place is important as it ensures that both parties will have a mutual understanding of the financial commitments that will be involved.

At BWJ Law we provide Fixed Fee Services that include negotiating and drafting a fair child support agreement for you.

If you are financially struggling with a child support agreement that is already in place, you should seek legal advice.

Our family law solicitors may be able to assist you to avoid any penalties.

Furthermore, if you lose your job and receive an income-tested benefit your assessment will reduce to a minimal amount.

Prior to departure, a written agreement or Court Order will be required for either party to travel or move interstate/overseas with the children.

If either party fails to provide this, it may result in criminal charges against them and a Court Order for the return of the children.

You should seek legal advice as soon as possible if your ex-partner is planning on travelling/moving with your children.

One of our experienced family solicitors will be there to assist you.  

• If the terms used within it are legally incorrect.
• If the Orders proposed are not in the best interests of the children.
• If the agreement is not fair and equitable in circumstances.