Child Custody & Parenting Arrangements – South East Queensland

When families separate, the most important consideration is the wellbeing of the children. At Sunshine Coast Legal, we guide parents across the Sunshine Coast, Brisbane and wider South East Queensland through the process of creating parenting arrangements that are practical, respectful, and in the best interests of the child.

We understand how emotionally charged these situations can be—and we’re here to help you navigate them with clarity, empathy, and firm legal support.

What Is a Parenting Arrangement?

A parenting arrangement (often referred to as custody in everyday language) outlines how separated parents will share responsibility for their children. It can include:

    • Living arrangements (who the child lives with and when)
    • Time spent with each parent
    • Parental decision-making responsibilities
    • Schooling and education
    • Medical care
    • Holidays and special occasions
    • Communication with the other parent

These arrangements can be made:

    • Informally (verbal or written agreement)
    • Formally through a Parenting Plan
    • Legally enforceable through Consent Orders or Court Orders

What Does the Court Consider in Parenting Matters?

The best interests of the child are always the court’s top priority.

Under the Family Law Act 1975, the court considers:

    • The benefit of the child having a meaningful relationship with both parents
    • The need to protect the child from harm (including exposure to violence, neglect, or abuse)
    • The child’s views (depending on age and maturity)
    • The capacity of each parent to meet the child’s needs
    • The child’s relationships with siblings and extended family
    • Practical considerations (such as location, schooling, and stability)

Equal Shared Parental Responsibility vs Equal Time

Many parents assume “equal time” is a given, but that’s not always the case. There’s a difference between:

    • Parental responsibility – the right to make long-term decisions about the child’s upbringing (e.g. education, health, religion)
    • Time spent – the physical time the child lives with or sees each parent

The court may order equal shared parental responsibility, but equal time will only be considered if it is in the child’s best interest and reasonably practicable.

Reaching Agreement Without Court

Whenever possible, we help parents resolve matters amicably and outside of court. Options include:

    • Parenting Plans – A written agreement (not legally binding)
    • Consent Orders – Legally binding orders approved by the Family Court
    • Family Dispute Resolution (FDR) – Mediation that encourages collaboration.

When Court Is Necessary

In high-conflict or complex matters—such as concerns about family violence, substance abuse, or relocation—court intervention may be required. We are experienced in representing clients in the Family Court of Australia and Federal Circuit and Family Court of Australia (FCFCOA).

Why Choose us?

    • Over 35 years in practice,
    • Sunshine Coast based Office, in Coolum Beach,
    • Clear and understandable fee structure,
    • Supportive and respectful legal guidance.

Related Services:

Frequently Asked Questions

Q: Do I need a court order to see my children?
A: Not necessarily. If you and the other parent agree, you can create a Parenting Plan. However, for enforceability, you should formalise the agreement with Consent Orders.

Q: What if we can’t agree on custody?
A: You’ll generally need to attempt Family Dispute Resolution (FDR) before applying to court. If no agreement is reached, you may apply to the Family Court.

Q: Can parenting orders be changed later?
A: Yes, if there has been a significant change in circumstances, the court may consider varying existing orders.