Law Firms

Parenting Plans & Custody

During what can be a very emotionally stressful time, it is not unusual that after separation parents find themselves unable to reach an agreement on their child’s living arrangements and disputes often arise. It is important not to involve children in the dispute or expose them or put them in the middle of any conflict. It is best to explain your separation to your children, as early and as impartially as you can, and to communicate it in a way that makes the child feel as secure and as stable as possible.

Each family is unique and so too are the parenting arrangements for your children. A parenting arrangement that may benefit the children in another separated family may not suit your children. Waller Family Lawyers take this into consideration and develop a parenting plan to meet the individual circumstance and needs of your children. Resolving disputes about parenting arrangements for your children is generally best achieved by participating in mediation with your former spouse. Mediation, however, may not be appropriate in cases involving issues of family violence and abuse, or in the case of urgency (e.g. a spouse relocating or threatening to relocate the children interstate or overseas).

  • FLPA

    Member of
    Family Law
    Practitioners'
    Association
    of Queensland

  • Family Law Section

    Family
    Law Council
    of Australia

  • Doyles

    Doyle’s Guide
    Recommended
    In Qld

  • FLPA

    Member of
    Family Law
    Practitioners'
    Association
    of Queensland

  • Family Law Section

    Family
    Law Council
    of Australia

  • Doyles

    Doyle’s Guide
    Recommended
    In Qld

Parenting & Custody Lawyers

We understand that Parenting & Custody can differ & be complex.

We can assist with the following:

  • General Property Disputes

    Mediation

    Waller Family Lawyers can assist you in the mediation process by

    Read on below

  • Writing

    Considerations

    The essential considerations in preparing for mediation to resolve a parenting dispute are

    Read on below

Meeting Table

Mediation

Waller Family Lawyers can assist you in the mediation process by:

1. Recommending a mediator (called a dispute resolution practitioner);
2. Preparing you for the mediation, to ensure that the mediation is effective and has the best chance of you reaching agreement with your former spouse;
3. While not essential, attending with you at the mediation; and
4. When an agreement is reached, preparing the legal documents to record the agreed parenting arrangements, known as either a Parenting Plan or a Consent Order.

Hand shaking with a customer

Considerations

The essential considerations in preparing for mediation to resolve a parenting dispute are:

1. Formulating a plan for the children’s living arrangements that benefit and suit the children, not necessarily you;
2. Ensuring that a parenting proposal is both realistic and practical so that you can reliably care for the children for the time you propose and not risk letting the children down when they are expecting to see you;
3. While equal time with your children may work, it is not mandated by any law and children benefit from the quality of time, not the quantity of time with each parent;
4. The law does expect that, in the absence of issues of family violence and abuse, parents have an equal role in the making of the major long term decisions of their children; and
5. To identify and address any hurdles that may be getting in the way of effectively communicating and co-parenting with your former spouse for the benefit of your children.

Your parenting & custody questions, answered
  • Question

    Answer