FAMILY LAW

Parenting Matters

When a relationship ends, it is the closing of one chapter; and the beginning of another. This is none more true then when you are transitioning from spouses to coparents. An intimidating prospect, and one that a lot of families don't always get right. Our team have the necessary skills to lead you through your separation with guidance and support.

Our Approach to Parenting matters

The Family Law Act stipulates that arrangements need to be made in the best interests of children. However, they must also ensure that children are not exposed to any unacceptable risks of harm. Risks of harm can include alcohol or substance abuse, domestic or family violence, excessive physical discipline, anger management issues, mismanaged or undiagnosed mental health problems, or other problems that pose an unacceptable risk of harm to a child.

Our approach is to work with you to understand your current situation and the impact it may be having on your children. We do this so as to identify exactly what the concerns and goals are for your family. This allows us to tailor our advice to address these matters.

Utilising knowledge of the development of children, an understanding of the applicable law, and a caring attitude; our team will identify a bespoke plan to assist you and your family. Where necessary, we are able to refer you to a network of professionals to assist you including psychologists, psychiatrists, counsellors, and social workers. We can assist you with how best to engage with these professionals so as to assist your family and gain the most benefit from your engagement with them.

If your matter proceeds through the litigation process, then our team, led by Ms Sarah-Jane MacDonald - Accredited Specialist in Family Law, is very experienced in the court process. Boasting excellent advocacy skills and are exceptional at crafting a case plan for you.

A case plan includes preparing your case holistically, all of the evidence, witness statements, documents, expert material and anything else required. Proper preparation and an empathetic understanding of your situation will place you leagues ahead in any family law proceedings before the Federal Circuit and Family Court of Australia.

Resolution Focus

Whether you are hoping to achieve a shared care or equal care arrangement (also known as week about time), or you think that supervision might be necessary; we are focused on achieving a resolution for your family.

We know that uncertainty for parenting arrangements is a difficult time for you, and most importantly can have a long lasting impact on your children. However, it is imperative that you have the benefit of making informed choices when it comes to your children. The decisions you make can have life long impacts on your family. It is our hope to guide you through the possible options available and achieve a resolution of your matter.

Resolving conflict between parents will benefit your family by allowing you to get back to focusing on parenting your children and implementing a Consent Order or Parenting Plan which has been agreed to. Our team is experienced in drafting these agreements to cover all parenting matters including parental responsibility, where the children live, how much time they spend with the other parent, school holiday time, changeover locations, school attendances, vaccinations, participating in extra curricular activities and many other parenting matters.

If your matter does resolve without the intervention of the Court, it is important that you consider engaging a lawyer to prepare legally binding consent orders. This will offer you and your family the safety and protection of a legally binding consent order. If your former partner has approached you about a consent order, it is important that you obtain legal advice about the impact and obligations which these orders will force upon you. You should definitely consider a consent order Brisbane, Toowoomba or broadly across Australia. Our experienced family law team are here to help.

If your matter is not able to be resolved amicably through an alternative dispute resolution process such as mediation or direct negotiation, then the matter will proceed to resolution through the Federal Circuit and Family Court of Australia.

No matter how a resolution is achieved, we hope to assist you to reach an outcome which

Our Ms Sarah-Jane MacDonald is also fully qualified as a Parenting Coordinator and regularly assists parents with their ongoing compliance with final Orders, and post separation communication. For more information on Parenting Coordination, you can click here.

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"Utilising knowledge of the development of children, an understanding of the applicable law, and a caring attitude; our team will identify a bespoke plan to assist you and your family."

Need help in another family law area?

Domestic Violence

Learn more about domestic violence support

Property Settlement

Reach an agreement to divide property between you and your ex

During a Relationship

Also known as a pre nuptial agreement

Divorce

Formally apply for divorce so you can move forward

Service above and beyond what I expected. With a very difficult and sometimes stressful seperation and divorce Sarah -Jane ... kept me on track throughout. Highly recommend them for the quality service and attention. - Kevin

I can't thank people at MacDonald Law enough for their help and support during my separation proceedings. They were always professional, compassionate and were always there for advice when needed. I would especially like to thank Sarah-Jane ... for all of their assistance and hard work. I would recommend MacDonald Law to anyone needing assistance with family matters. - Cristina

I want to express my deepest appreciation to each of you for guiding me through this process and bringing it to a successfu l conclusion. Personally, this journey has been incredibly taxing, and looking back, I wish I had engaged your services years ago, as I am certain it would have been resolved much sooner. Your support, advice and guidance were invaluable every step of the way.... I understand that this is your profession, but for me, your efforts have had a significantly positive impact on myself and my family. -Scot

Frequently Asked Questions

What is family law?

Family law is a broad term to describe a number of other sub categories of the law. Family law includes parenting issues or custody disputes, property settlement, divorce, child support, spousal maintenance, surrogacy applications, adoption, prenuptial agreements.

Who can apply to the Court for parenting Orders?

Contrary to popular belief, it is not only parents who can apply to the Federal Circuit and Family Court for parenting orders. Applications can be made for either or both of the child's parents, grandparents of the child, or any other person whom is concerned with the care, welfare and development of a child. For instance this can be step parents, or the child's Aunt or Uncle.

What is a Parenting Plan?

A Parenting Plan is a written document which sets out an agreement reached between parents for the arrangements for their children. Unlike Orders, a Parenting Plan is not enforceable by a Court but it does indicate what the parents agreed were the arrangements that would be best for the children and should be implemented at the time of signing.

Do children's wishes matter?

The paramount consideration in parenting matters is the best interests of the child. Whilst a broad term, the Family Law Act sets out that views or wishes expressed by a child should be taken into account. The Court will consider how much weight should be given to those wishes. Generally speaking a more mature, older child's wishes will be given significantly more weight than that of a younger or more immature child.

Costs

$1,100 - $1,430 professional fees for a standard Application for Divorce (depending on if a Court appearance is required)

$2,200 - $3,300 – Parenting Plan where no negotiations required

$3,300 – $4,400 - advice on a pre-prepared Binding Financial Agreement

Payment plans available

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