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Child Custody Lawyers Brisbane

At Hartley Family Law, we understand that navigating child custody matters can be one of a parent’s most emotionally challenging experiences. The weight of the decisions you make in light of new parenting arrangements and the feeling of overwhelm can seem too much. Here's where our child custody lawyers in Brisbane come in.

As compassionate and experienced family lawyers, we are dedicated to supporting you through this difficult time. We don’t just handle legalities; we understand the emotional toll this takes. Your family lawyer will be a source of guidance and a shoulder to lean on as you navigate this complex process.

We work tirelessly to achieve the best possible outcome for your child’s life, considering not just the legalities but also the emotional well-being of your family. Our child custody lawyers’ goal is to help you find a solution that fosters a healthy and secure environment for your children, even amidst the challenges of separation.

Experience the benefits of personalised legal representation with Hartley Family Law

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What is Child Custody Law?

Child custody law governs the legal arrangements surrounding a child’s living situation and upbringing after a separation or divorce. It’s a complex area of family law that aims to prioritise the child’s best interests. Here’s a breakdown of key aspects of child custody services:

Key Decisions:

  • Primary Residence: This determines where the child will live most of the time.
  • Decision-Making: This outlines how major decisions regarding the child’s welfare will be made (e.g., healthcare, education, sole parental responsibility). Often referred to as “parental responsibility” in legal terms.
  • Spending Time (Access): This specifies the amount of time the child spends with each parent.

Reaching Agreements:

Reaching an agreement with your former partner outside of the family court process is generally the preferred approach. This can be achieved through mediation or negotiation with the help of child custody lawyers. A legally binding document called a parenting plan then formalises the agreed-upon parenting arrangements.

Court Involvement:

Sometimes, situations necessitate family court involvement to determine child custody arrangements. In such cases, the court will consider various factors outlined in the Family Law Act (specific to each jurisdiction) to determine the best interests of the child.

Focus on the Child’s Best Interests:

The core principle of child custody law is to prioritise the child’s well-being. Family court judges consider factors like the child’s age, wishes, relationship with each parent, needs for health and education, and the stability each parent can provide. Additionally, factors like any history of family or domestic violence or abuse and the practicalities of geography are also considered.

Understanding Your Specific Situation:

Family law and child custody outcomes can vary slightly depending on the jurisdiction. For specific details and how they apply to your situation, consulting with one of our Brisbane family lawyers who specialises in child custody is highly recommended.

How Do I Legally Document A Child Custody Agreement?

Consulting with a child custody lawyer is highly recommended when creating a child custody agreement. An experienced child custody lawyer will undertake the following:

  • Draft a clear and comprehensive parenting plan: The lawyer ensures the agreement covers all necessary aspects and is legally sound.
  • Advise on your rights and obligations: Child custody lawyers can clarify your legal rights and responsibilities regarding child custody.
  • Protect your interests: Experienced family lawyers can ensure the agreement reflects your best interests and your child’s best interests and needs.
  • Navigate the court process (if needed): If consent orders are desired, our child custody lawyers will guide you through the family court application process.

Experience Our Child Custody Lawyers Brisbane

The Hartley Family Law team has a proven track record of successfully resolving complex child custody disputes. Our lawyers offer the following:

  • Compassionate & Empathetic Approach: We understand that when parents separate, they are facing immense emotional strain. We strive to provide a supportive and understanding environment.
  • Clear Communication: Throughout the process, our family lawyers will keep you informed of your options, legal rights, and the potential outcomes of your family law case.
  • Negotiation Skills: Our lawyers are adept at negotiating fair and workable parenting plans that prioritise your child’s well-being.
  • Litigation Expertise: We are prepared to represent your interests in court effectively if necessary.

Moving Forward with Confidence

At Hartley Family Law, we understand that child custody disputes are deeply personal. We offer a supportive and confidential environment where you can discuss your concerns openly. Our experienced child custody lawyers will work tirelessly to achieve an outcome that prioritises your child’s best interests and helps your family move forward with confidence.


When you seek legal advice, costs for child custody lawyers in Brisbane can vary depending on the complexity of your case, the family lawyers’ experience, and the amount of time spent working on your case. Hartley Family Law offers flexible fee structures and can provide a transparent cost estimate after an initial consultation.

Judges consider information gathered during the legal proceedings and weigh it carefully to make a decision that serves the child’s best interests. The family court aims to create parenting arrangements that promote a strong and healthy relationship with both parents, where possible.

The Family Law Act 1975 outlines the legal framework for child custody arrangements in Queensland. Hartley Family Law’s team of experienced child custody lawyers is well-versed in family law and can advise you on its application to your specific circumstances.

Queensland courts are hesitant to give sole parental responsibility or to prevent a parent from having any contact with their child. However, a parent might be deemed unfit if there is evidence of:

  • Severe neglect or abuse of the child.
  • A risk of harm to the child’s physical or emotional well-being
  • A documented history of drug or alcohol addiction that significantly impacts the ability to care for the child.

It’s important to note that these are just general guidelines. Every case is unique, and our child family lawyers can provide specific advice tailored to your situation.

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