Children + Parenting

Children + Parenting Issues

Who are the best family lawyers near me? We are! And we would love to help you. We have experienced family lawyers who regularly assist people in working out parenting arrangements. Our lawyers offer empathetic advice, representation and practical solutions to guide you to make the best possible arrangements for your children after separation.

Parents who separate need to work out appropriate living arrangements, post separation, for their children. We can help you do that. Our experienced family lawyers advise and assist parents negotiate and reach agreement that is in the best interests of the children. They also draft Consent Orders and Agreements to formalise arrangements. When parents are unable to come to an agreement (usually because one parent is unreasonable) our lawyers arrange Mediation, prepare applications to the Court and appear in Court on behalf of our clients to seek Orders.

Living Arrangements for your Children

It can be difficult, but decisions must be made. Where should children live after separation?

Making decisions that are in the best interests of your children can be difficult as there are many things to consider. Its also hard to remain clear minded when separation is emotional and communication is strained.

We deal with these situations every day. We advise people about all aspects of parenting and arrangements for their children. This includes decisions about where kids will live, the time they spend with each parent, schooling, holidays, where they are for special occasions, overseas travel, religious upbringing, medical decisions, communication and keeping the children safe.

The Family Law Act sets out many guidelines to assist making these decisions. Our lawyers know these guidelines and can give you customised advice that will allow for negotiation or mediation so an appropriate agreement can be reached and properly documented. If parents can't reach an agreement, we can prepare an application to the Court - who will make a decision based on the paramount consideration: what is in the best interests of your children.

Communicating with your ex about the children.

How you communicate with your ex affects how smoothly arrangements for the children can be put in place and sustain. Getting some advice from an experienced family lawyer, early on, gives you an understanding of what the laws consider appropriate. Making informed decisions early on, will have a significant impact on the well-being of your children.

Our lawyers have professional networks with counsellors, psychologists and psychiatrists to assist in achieving the best possible outcomes for a positive future for children and our clients.

Our family lawyers are compassionate, experienced and practice exclusively in family law.

Call us

For:

advice about the future arrangements for your children
pre or post separation advice on how to maximise your opportunity for future time with your children
help to negotiate an agreement about arrangements for the children
advice and/or representation for mediation - in order to reach an appropriate agreement
representation to prepare an application to the court for parenting orders
representation for enforcement or variation to parenting orders
assistance to prepare parenting consent orders
recovery order applications
urgent applications to the court regarding children

We can also apply for urgent orders if you or your children are in physical or emotional danger; where there is family violence; or where a child has been taken away by your ex-partner and you are unaware of their whereabouts.

Kidnapping or ‘Holding Over’ can be a very serious concern for many parents. If you are worried about the other parent spending time with the children and not returning them to you as agreed, we can assist you by negotiating some temporary, interim or final orders so that the other parent’s failure to return the children to you would be in breach of these orders. If you find yourself in this situation where the other parent refuses to return your children to you, we can assist by filing an urgent application in the court for interim orders and for what is referred to as a recovery order.

Child Support

It is important to consider how the children will be looked after financially. If your children are living with you most of the time, this may affect your ability for full time employment and to support them financially.

Applications for Child Support can be made to Services Australia - Child Support. They provide a child support estimator on their website.

We can assist by:

advising of your options regarding child support - including private child support agreements
assisting you to alter Services Australia child support amount so it better suits your circumstances - eg to include payment of private school fees or other child related expenses.
seeking orders for lump sum child support
advising about recovery of unpaid child support

Fees and Prices

We are transparent about fees. We give quotes and estimates and keep you informed every step of the way. First Appointments are a low fixed fee of $330. We have more information about fees on our Fees and Prices page.

Fees and Prices

Client Library - FAQs

We have many free resources on our website and we regularly update our online client library with useful information. For answers to frequently asked questions about separation and divorce, feel free to have a look at our family law resources page.

Family Law FAQs and Free Resources

Relocation with Children

Relocating with children after separation is a difficult issue. If a parent wishes to relocate this will impact the time the children can spend with the other parent. This is challenging. Even Judges find it difficult to balance the freedom of one parent to move for valid reasons (like work opportunities and family support) with the right of the children to grow up in close proximity with both parents. The guiding principle here is to make a decision that is in the best interests of the children.

Relocation with children after a divorce or separation needs to considered carefully. We can assist by listening to your situation; giving you customised advice; and are available for negotiation and/or mediation with a view to obtaining an agreement/consent orders. We always recommend that advice should be sought as early as possible.

Request A Call Back

O'Shea Dyer Solicitors - Family Lawyers Townsville, Queensland and Interstate.

At O'Shea Dyer Solicitors we can assist you with all issues arising from your separation. Make an appointment to see our experienced family lawyers sooner rather than later and let us put your mind at ease. Take the first step towards feeling in control again. We would love to help you.

Call Us