You’ll be supported with empathy, clarity and a plan that puts the best interest of your children first
Most parents arrive here feeling overwhelmed. Afraid of losing time with their child. Anxious about what’s fair. Unsure of how this will affect their child in the long-term.
Whether you are still together and planning ahead, already separated, or stuck in a slow or unfair process, you deserve clarity.
Our first step? Understanding what matters most to you and your child. Explaining how the law applies to your situation, and then work with you to identify the legal path around that.
Quick response – no delays and you will speak with a expert, understanding lawyer who cares
We’ll explain what’s possible and how the law applies to your specific case - in simple, plain English.
Whether you engage us or not, you’ll leave the call with certainty and direction.
Every family is different. Some clients want peace of mind to know what they are doing is in line with the law, and to avoid court. Others need to protect their time with their children, and other have serious safety concerns such as domestic violence, drug/alcohol misuse or mental health concerns.
Some come to us partway through a case frustrated that they aren’t being heard or things aren’t moving.
Your lawyer asks: What do you want to achieve? Then The Law People explain the law and build the strategy backwards from your goal considering the law. And if you don’t need a lawyer, we’ll tell you.
Fiona Maxwell2025-07-04Trustindex verifies that the original source of the review is Google. Very happy with the service, advice I received from Skye, Felicity and team. Very professional, and listened to my needs to provide good advice. Highly recommend Cavell Cooper2024-06-12Trustindex verifies that the original source of the review is Google. Jill and the team are professional, responsive and very knowledgeable. I have no reservations in recommending the law people Tamara McCombe2024-05-24Trustindex verifies that the original source of the review is Google. Jill Johnstone and The Law People team always provide exceptional service from start to finish which is why Rouse Lawyers confidently refers its clients who need expert and experienced family law solicitors to them. The Law People know how to guide clients through every step, making potentially stressful situations more manageable. Clients benefit from The Law People’s incredible knowledge and genuine care for client well-being. Matthew Paul2024-05-22Trustindex verifies that the original source of the review is Google. Jill and the team are fantastic. I highly recommend them for any family law matters. Karen Taylor2024-03-27Trustindex verifies that the original source of the review is Google. The staff at The Law People are total pros. They are friendly, supportive and above all they get results. Highly recommend, particularly if you are a woman who is nervous about being taken seriously. Tegan Robins2024-03-27Trustindex verifies that the original source of the review is Google. Wonderful team to work with.Load more
When everything feels uncertain, it helps to know you’re being guided by a team led by one of Queensland’s most qualified family lawyers.
Less than 3% of solicitors in Queensland hold the title of Accredited Specialist in Family Law. It’s not a marketing term – it’s formal recognition from the Queensland Law Society that Jill Johnstone, Principal of The Law People, is among the top-tier experts in the state.
For you, that means:
In complex or high-stakes matters – especially involving children, property, or financial disputes – that level of expertise can make a real difference in your outcomes.
What truly sets this team apart is that legal skill never comes at the expense of personable service. You’ll feel it from the first conversation – real understanding, practical advice, and guidance that puts your best interests at the centre.
So if you’ve been searching for family law advice you can truly trust – you’ve just found it.
Parenting after separation can feel overwhelming, from working out where the children will live, to how time will be shared, to making decisions about schooling, health and day-to-day care. It’s normal to feel uncertain about your rights and responsibilities, or worried about how the changes will affect your children.
Below, we have answered some of the most common questions parents ask when navigating these issues. This information is general guidance only and not legal advice. For advice specific to your family, please contact The Law People to speak with an experienced family lawyer.
No, the Court does not automatically order 50/50 care.
While the law previously allowed for consideration to be given to an equal time arrangement (if certain conditions were met), this changed in May 2024. The focus is now entirely on what’s in the best interests of the child, with no automatic preference for equal time.
The Court considers things like the child’s relationship with each parent, practical arrangements, safety, and the child’s views (depending on their age and maturity). In some cases, equal time is appropriate, in others, it’s not and the arrangements for each family entirely turn on their own set of facts.
Navigating this can feel overwhelming, but you don’t have to figure it out alone. We can help you understand how the law applies to your family’s circumstances and build a plan that works and keeps your child’s wellbeing front and centre.
You don’t have to have a lawyer, however having the right legal support can make a world of difference.
With the recent changes to family law, including the new criteria for determining parenting arrangements and a stronger focus on children’s safety and views, understanding your rights (and obligations) can feel daunting. The Court still expects you to follow the proper rules and present your case clearly, whether you have a lawyer or not.
We’re here to take that pressure off you. With us in your corner, you will feel confident, informed, and supported every step of the way. We’ll help you prepare thoroughly, avoid costly missteps, and focus on getting the best possible outcome for you and your children.
There’s no one-size-fits-all arrangement. The way time is shared depends entirely on the unique needs of your child, the logistics of your lives, and the broader circumstances of your separation. Common setups include:
Under the new family law reforms, the Court uses a simplified list of factors to assess what’s in a child’s best interests, focusing on things like safety, stability, and maintaining strong relationships.
We can help you work out what’s safe, practical, and in your child’s best interests, whether that’s by agreement or through the Court process. Having us on your side means less stress, less confusion, and a clear path forward.
You deserve to feel confident about your child’s future. Let’s take the next step together.
In Australia, the law doesn’t use the term “custody” anymore – instead, it talks about parental responsibility (who makes the major decisions about a child’s life) and living arrangements (who the child lives with and spends time with).
To get “sole custody,” you would usually be asking the Court to grant you sole parental responsibility and for the child to live primarily with you. This is only ordered in cases where it is in the best interests of the child, often where there are concerns about family violence, abuse, neglect, or an inability of the other parent to care safely for the child.
Every case is different. If you are seeking sole parental responsibility or restrictions on the other parent’s time, you will need to provide evidence showing why such an order is necessary to protect your child’s welfare. The Court’s guiding principle is always the child’s best interests.
Parenting arrangements are designed around the developmental needs of children, so the schedule often depends on their age and stage:
There’s no fixed “one-size-fits-all” schedule. The Court and mediators encourage arrangements that are practical, child-focused, and tailored to each family. What matters most is stability, safety, and supporting the child’s relationship with both parents (where safe to do so).
Yes, you can represent yourself in family court proceedings. Some parents do, particularly in early stages of the Court process. However, parenting matters can be legally and emotionally complex, especially when safety concerns, relocation, or high conflict are involved.
Self-represented parties are still expected to follow all court rules and procedures, which can be overwhelming without legal training.
There’s no perfect script, but honesty and reassurance are key. It’s important to:
It can help to plan the conversation together (if safe), maintain routines, and give your children space to ask questions.
Yes. Under the Family Law Act 1975, grandparents (and other significant people in a child’s life) can apply to the court for parenting orders. The Court does not presume automatic rights for grandparents, but it will consider whether time with them is in the child’s best interests, especially where there has been an existing and meaningful relationship.
If agreement cannot be reached with the parents, legal avenues are available to seek formal arrangements.
If the other parent does not follow a parenting agreement or court order, the next steps depend on the type of arrangement:
If you believe your child is at risk in the other parent’s care, due to family violence, abuse, neglect, substance use, or other serious concerns, it’s important to act. You may need to:
The Court prioritises child safety and will consider all risks when making or adjusting parenting arrangements.
If there are serious concerns about safety, we strongly recommend speaking with one of our lawyers who can help you work out what’s safe, practical, and in your child’s best interests, whether that’s by agreement or through the Court process. Having us on your side means less stress, less confusion, and a clear path forward.
If there is family violence or a genuine concern for your child’s safety, you may be justified in withholding contact, but this should be carefully considered and we strongly encourage you to speak with us first. The Court expects parents to comply with existing parenting orders, so if you stop contact without legal grounds, it may affect your case.
If there’s an immediate risk, you can possibly:
The Court will take evidence of family violence seriously and may order supervised contact or suspend time altogether, depending on the circumstances.
If there are serious concerns about safety, we strongly recommend speaking with one of our lawyers who can help you work out what’s safe, practical, and in your child’s best interests, whether that’s by agreement or through the Court process. Having us on your side means less stress, less confusion, and a clear path forward.
If drug or alcohol use is affecting your child’s safety or wellbeing, the Court can consider this when making or reviewing parenting arrangements. You may need to provide evidence such as:
Depending on the risk, the Court may order:
If there are serious concerns about safety to the child/ren as a result of drug and/or alcohol use, we strongly recommend speaking with one of our lawyers who can help you work out what’s safe, practical, and in your child’s best interests, whether that’s by agreement or through the Court process. Having us on your side means less stress, less confusion, and a clear path forward.
Yes, in serious cases where a parent poses a risk to the child’s safety or wellbeing, the Court can make an order that there be no contact between the parent and child. This is usually only done in situations involving:
The Court will always prioritise the best interests of the child, and in most cases will aim to preserve some level of connection. It is somewhat rare for a Court to order that there be zero contact between a children and a parent.
If there are serious concerns about safety, we strongly recommend speaking with one of our lawyers who can help you work out what’s safe, practical, and in your child’s best interests, whether that’s by agreement or through the Court process. Having us on your side means less stress, less confusion, and a clear path forward.
If you or your child are protected by an Apprehended Violence Order (AVO) or Domestic Violence Order (DVO), this can affect parenting arrangements. A protection order may:
A parenting order made by the Family Court can override a protection order, but the Court will consider the conditions of any existing protection order when making parenting decisions.
It’s important to make sure all orders are clear, consistent, and safe to follow.
We strongly recommend speaking with one of our family lawyers about any AVO/DVO that is in place to ensure inadvertent breaches do not occur.
Family Dispute Resolution (FDR) is a mediation process designed to help separated parents reach agreement about parenting arrangements without going to court. It is conducted by accredited Family Dispute Resolution Practitioners, and often required before applying to court for parenting orders.
At FDR, both parents are supported to:
If agreement is not reached, the practitioner may issue a section 60I certificate, which allows you to proceed to court. FDR is not appropriate where there are serious safety concerns or a history of family violence.
Not necessarily. You only need a parenting order if:
Parents can make informal arrangements or create a parenting plan (a written agreement signed by both parties), which isn’t legally enforceable but can work well if both parents are cooperative.
If certainty, enforceability, or protection is needed, especially where there is conflict or risk, you can apply to the Court for consent orders (if you agree) or parenting orders (if you don’t).
If you and the other parent can’t agree, the Court will hear evidence and make decisions based on what is in the best interests of the child.
The process usually includes:
The Court may make temporary or final parenting orders that determine how much time the child spends with each parent, who makes decisions, and how contact occurs.
The Court does not make decisions based on parental rights — it decides based on the best interests of the child, as set out in section 60CC of the Family Law Act 1975.
Key considerations include:
The outcome depends entirely on the facts of the case – not on assumptions of 50/50 care or parental entitlement.
You cannot move your child to another state or country without the other parent’s agreement or a Court order, if such a move would impact existing parenting arrangements or the other parent’s ability to spend time with the child.
If you relocate without consent or an order, the other parent can apply to the Court for:
If agreement can’t be reached, the Court will decide whether relocation is in the child’s best interests, considering the impact on the child’s relationship with each parent and the practicality of maintaining that relationship.
It depends on your parenting arrangements and whether any court orders are in place.
Overseas travel usually requires both parents’ written consent, unless a court order states otherwise. If you’re concerned about travel plans, especially international, you should seek legal advice promptly.
If there are no parenting orders, either parent can take a child overseas with a valid passport, unless the other parent objects. However, if there are Court orders in place, taking the child overseas usually requires:
If you’re concerned your ex may take the children overseas without permission, you can apply to the Court for:
These are complex cases to run through the Court, and we strongly recommend speaking with The Law People before making a Court Application.
The Family Law Watchlist (commonly referred to as the airport watch list) is maintained by the Australian Federal Police. It is designed to prevent children from being taken out of the country without consent or in breach of a court order.
To place a child on the watch list, you must:
Once on the list, alerts are triggered at international departure points if an attempt is made to take the child overseas. The watch list remains active until the Court orders removal.
Australian law does not use the term “custody.” Instead, it refers to parental responsibility and living arrangements.
After separation, both parents generally retain equal shared parental responsibility, meaning they jointly make long-term decisions (e.g. about schooling, health, religion). This doesn’t mean the children live with both parents equally.
Living arrangements depend on the child’s best interests. The law encourages meaningful involvement with both parents, where safe and practical, but does not favour any default arrangement. Time may be shared in a range of ways depending on the family’s situation.
If there are court orders in place, both parents are legally required to comply with the arrangements. Failing to do so can result in enforcement proceedings or changes to the orders.
If there are no orders, and there are no safety concerns, it is generally expected that children spend time with both parents. However, if you believe your child is at risk, you may be justified in refusing contact, but this should be backed by legal advice or Court orders.
The Court prioritises the child’s safety and wellbeing, but also values the benefit of the child having a relationship with both parents where it is safe.
Yes, many separated parents choose a week-about or 50/50 shared care arrangement, especially where:
However, shared care is not suitable for every family. The Court will only order equal time if it is in the child’s best interests and reasonably practicable — which includes considering the logistics of school, work, and emotional stability for the child.
Week-about works well when parents can manage routines consistently and support the child’s relationships in both homes.
If you believe it’s in your child’s best interests to live with you full-time, this can be arranged:
The Court does not automatically favour one parent over the other. It will consider factors such as:
Each case is assessed on its individual facts, and the Court’s priority is the child’s best interests.
You can withhold overnight time only if there are valid concerns about the child’s welfare, for example, if the child is very young, unsettled by overnights, or there are safety issues like family violence, alcohol misuse, or unsuitable accommodation.
If you have an informal arrangement or parenting plan, you can try to renegotiate terms. If there’s a court order in place, you must follow the order unless:
Any refusal of overnight visits should be based on the child’s best interests, not parental conflict.
Supervised time means that a parent spends time with the child while being observed by a third party, such as:
Supervised time is often used where:
Supervision provides a safe environment for children to maintain contact while protecting their emotional and physical wellbeing.
Special occasions like birthdays, Christmas, school holidays, and religious celebrations are commonly addressed in parenting plans or court orders.
Parents often agree to:
If no agreement is in place, and parents can’t decide together, either party can apply to the Court to set out arrangements that reflect the child’s best interests and support both parental relationships.
Yes, parenting arrangements should evolve as children grow and their needs change. What works for a toddler may not suit a teenager.
If you have a parenting plan, it can be updated at any time by agreement. If you have court orders, you’ll need to either:
Changes may relate to school, health needs, work schedules, or a child’s own preferences as they mature.
A parenting plan is a written agreement between parents about the care and arrangements for their children after separation. It can cover:
To be valid, a parenting plan must:
Parenting plans are not legally enforceable, but courts may consider them if a dispute arises later.
A parenting plan is an informal, flexible agreement between parents, it’s not enforceable by law.
Parenting orders are made by the Court and are legally binding. These can be:
If a parenting order is breached, the Court can impose consequences, including make-up time, fines, or changes to the orders.
You can ask the Court to turn your parenting plan into consent orders to make it enforceable.
No, you don’t have to go to court if you and the other parent can reach an agreement.
You can:
You only need to go to court if:
In most cases, you must attempt Family Dispute Resolution (FDR) before applying to the Court, unless an exemption applies.
To make parenting arrangements legally binding, you must apply to the Court for consent orders or have the Court make parenting orders after a hearing.
Consent orders:
Parenting plans, while useful, are not enforceable unless converted into court orders.
Yes, many separated parents work out parenting arrangements themselves or with the help of a mediator, without needing lawyers or the court.
You can:
If you want your agreement to be legally enforceable, you can formalise it through consent orders. Lawyers can assist with drafting these, but their involvement is not mandatory.
Children do not have the legal right to decide where they live, but their views are taken into account by the Court as one of several important factors. The weight given to a child’s view depends on their age, maturity, and understanding of the situation.
The Family Law Act requires that decisions be made in the child’s best interests, which may or may not align with the child’s stated preference. The Court may consider the reasons behind the child’s view, including whether it has been influenced by a parent or other factors.
There is no set age at which a child can legally choose where to live. However, the older and more mature a child is, the more likely the Court will give significant weight to their preferences.
Generally:
In practice, once a child reaches about 16 or 17, it’s uncommon for a Court to make an order contrary to their wishes, but this is not a legal rule.
Equal shared parental responsibility means both parents share the duty to make major long-term decisions about the child, such as:
It does not mean equal time or shared custody.
Unless the Court orders otherwise (e.g. in cases involving family violence or abuse), equal shared parental responsibility is presumed to be in the child’s best interests. Day-to-day decisions (like meals or bedtimes) are typically made by whichever parent the child is with at the time.
If you and the other parent can’t agree, you must usually attend Family Dispute Resolution (FDR) before applying to the Court. If agreement is still not possible, the Court can decide the arrangements for you.
The Court process involves:
In urgent or high-risk cases (e.g. safety concerns), you may be able to apply to the Court without attending FDR.
Yes, parenting arrangements can be changed — but how depends on the type of agreement:
The Court will only consider changing existing orders if there has been a genuine, material change in circumstances that has occurred since the last order was made.
Perfect — those are very real concerns many clients bring up. Here’s a set of specialised FAQs for your parenting cases page that focus on parental alienation and children with health/mental health needs (ADHD, autism, OCD, depression, suicidal ideation). I’ve written them in plain English, but still accurate and reassuring:
Parental alienation is when a child is influenced (intentionally or unintentionally) by one parent to reject or distance themselves from the other parent, without good reason.
It is also often called parental enmeshment, parental estrangement and alignment with one parent.
The court takes this issue very seriously, as it can harm a child’s emotional wellbeing and their relationship with both parents. If you believe this is happening, it’s important to seek advice quickly. The court can order interventions such as counselling, family therapy, or changes to parenting arrangements to protect the child’s best interests.
Sometimes children resist contact for genuine reasons, such as past conflict, safety concerns, or loyalty to one parent. Other times, they may have been influenced by the other parent. The court looks carefully at the reasons behind a child’s reluctance. Independent professionals, such as family consultants or child psychologists, may be involved to help the court understand the child’s views and experiences.
When a child has additional needs, the court focuses on what arrangements will best support their stability, health, and development. This may mean:
Judges may give weight to expert evidence from medical specialists, therapists, or schools when making decisions.
Mental health concerns are taken extremely seriously.
If a child is struggling with depression, anxiety, or suicidal ideation, the court prioritises safety and access to proper treatment. Parenting arrangements may need to be adjusted to ensure the child receives consistent care, stability, and access to professional support. Both parents are expected to cooperate with medical advice and treatment plans. If there is a dispute, the court may rely on expert reports and psychiatric evidence to guide its decision.
If parents can’t agree on major health decisions, such as medication for ADHD, therapy for autism, or mental health treatment, the court can step in and decide. The court will rely on expert medical evidence and always focus on what’s in the child’s best interests.
Yes. The court can order family therapy, parenting courses, or counselling for children if it believes this will help improve relationships, reduce conflict, or support a child’s wellbeing.