Are you worried about what will happen to your children after a divorce or separation? Do you need to understand how Brisbane’s child custody laws will affect your family’s future?
Knowing what child custody involves is crucial for ensuring your child’s well-being during this challenging time. A clear custody arrangement helps your child feel secure, valued, and supported, even as family circumstances change.
Please note: This is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: www.vmfamilylaw.com.au/contact
What Is Child Custody?
Child custody refers to the responsibilities parents have for their child’s care, welfare, and development after separation or divorce.
Under Australian law, the term “custody” is no longer used. Instead, the Family Law Act 1975 (Cth) uses:
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“Parental responsibility” to describe decision-making power over a child’s major life issues, such as health, education, and religion.
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“Lives with” and “spends time with” to describe the child’s living arrangements.
All custody and parenting decisions must prioritise the child’s best interests, which are the central principle under the Family Law Act. Courts also recognise that children benefit from having meaningful relationships with both parents, provided they are safe from harm.
Why Child Custody Arrangements Matter
A well-designed parenting or custody arrangement can:
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Provide consistency and stability for the child.
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Clarify parental responsibilities and reduce conflict.
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Maintain strong relationships between the child and both parents.
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Support shared decision-making about education, medical care, and daily routines.
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Protect the child’s emotional and physical well-being.
The Different Types of Child Custody Arrangements
In Queensland, custody or parenting arrangements can vary depending on family circumstances. Here are the main types recognised under Australian family law.
1. Joint Custody (Shared Parental Responsibility)
Both parents share responsibility for major long-term decisions about the child’s welfare, such as schooling, medical care, and religion. This does not necessarily mean equal time, but rather shared input in key decisions.
2. Sole Custody (Sole Parental Responsibility)
In a sole parental responsibility, one parent is granted the authority to make all major decisions for the child, often due to safety concerns or inability to cooperate. The other parent may still spend time with the child, depending on the court’s decision.
3. Shared Care Arrangements
The child spends significant time with each parent, often under structured schedules. Shared care encourages ongoing relationships and participation from both parents in daily life.
4. Physical Custody
This determines where the child lives and who provides daily care. It may be shared between both parents or primarily with one.
5. Supervised Time
If the court believes a child’s safety could be at risk, visits with a parent may be supervised by a family member, professional supervisor, or community organisation.
How to Obtain Child Custody in Queensland
When parents separate, they are encouraged to reach parenting agreements without going straight to court. The steps below outline how to obtain legal custody or a parenting order.
Step 1: Seek Legal Advice
Consult a qualified family lawyer to understand your rights and responsibilities under the Family Law Act. A lawyer can explain options for parenting plans, mediation, and court applications.
Step 2: Attend Family Dispute Resolution (Mediation)
Before applying to court, most parents must attempt Family Dispute Resolution (FDR). A neutral mediator helps both parties reach an agreement that supports the child’s best interests.
Step 3: Develop a Parenting Plan
If mediation is successful, parents can document their agreement in a Parenting Plan, which outlines arrangements for living, care, and communication. This plan is not legally enforceable but demonstrates cooperation.
Step 4: Apply for Parenting Orders
If mediation fails, either parent can apply to the Federal Circuit and Family Court of Australia for Parenting Orders. The court will assess evidence and issue binding orders about where the child lives, how time is shared, and who has parental responsibility.
Step 5: Follow Court Orders
Once made, court orders must be followed. Breaching them can have legal consequences. Orders can later be varied if significant circumstances change.
Rights and Responsibilities of Parents
Rights of Parents
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To make decisions about their child’s care, education, and health.
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To spend meaningful time with their child.
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To access information such as school or medical records.
Responsibilities of Parents
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To provide for the child’s basic needs, including food, housing, and education.
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To protect the child from harm.
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To facilitate a positive relationship with the other parent where it is safe to do so.
Modifying Child Custody Arrangements
Child custody arrangements can be changed if there is a significant change in circumstances, such as relocation, safety concerns, or new family dynamics. Parents can renegotiate parenting plans or apply to the court for variations to existing orders.
Domestic Violence and Child Custody
If family or domestic violence is present, the safety of the child and parent is the court’s top priority.
In such cases, the court may:
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Grant sole parental responsibility to one parent.
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Order supervised contact for the other parent.
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Issue or consider existing Domestic Violence Protection Orders under Queensland’s Domestic and Family Violence Protection Act 2012 (Qld).
If you or your child is in danger, call 000 immediately or contact DVConnect (1800 811 811) or 1800RESPECT (1800 737 732) for confidential help.
Frequently Asked Questions (FAQs)
What does child custody mean in Queensland, Australia?
In Queensland, the term “child custody” is commonly used but has been replaced legally by “parental responsibility” and “parenting arrangements” under the Family Law Act 1975. It refers to who the child lives with, spends time with, and how decisions are made about their care.
Who gets custody of a child after separation in QLD?
Australian family law starts with the presumption of equal shared parental responsibility, meaning both parents are involved in major decisions unless the court decides otherwise. Custody is based on the best interests of the child, not automatically awarded to one parent.
How is child custody decided in family court?
The court considers factors like:
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The child’s best interests
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The child’s relationship with each parent
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Safety concerns including family violence or abuse
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The capacity of each parent to meet the child’s needs
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The child’s views, depending on age and maturity
Can we make our own custody arrangements without going to court?
Yes. Parents can agree on parenting arrangements without going to court. These can be documented in a Parenting Plan (not legally enforceable) or formalised as Consent Orders, which are legally binding.
What happens if we can’t agree on child custody in QLD?
If parents can’t agree, they must first attempt Family Dispute Resolution (mediation). If no agreement is reached, a Section 60I certificate is issued, allowing either party to apply to the Family Court for parenting orders.
At what age can a child decide which parent to live with?
There is no fixed age in Australian law. The court may consider a child’s wishes if they are mature enough, but the decision will still be based on the child’s overall best interests, not just preference.
Do grandparents have rights to child custody or contact in Queensland?
Yes. Under the Family Law Act, grandparents can apply for parenting orders if it’s in the child’s best interests. The law recognises the importance of extended family relationships, especially where parents are unavailable or unwilling.
Worried About Child Custody? Let’s Find the Right Path Forward
Navigating child custody can feel overwhelming, but you don’t have to do it alone. At VM Family Law, we provide clear, compassionate guidance to help you make confident decisions about your child’s future.
Whether you’re working through parenting arrangements, child support, or need help with family dispute resolution or mediation, our Brisbane-based legal team is here to support you every step of the way. We focus on what matters most — your child’s well-being and your peace of mind. Let us help you reach fair, child-focused outcomes that are legally sound and emotionally supportive.
Call 07 3447 8966 or visit www.vmfamilylaw.com.au to book your confidential consultation today. Your child’s future deserves clarity, care, and experienced legal support.
Official Information Sources
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Queensland Law Handbook – Parental Responsibility and Parenting Orders
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/family-law/parenting/parenting-orders/ -
Queensland Government – Family and Legal Relationships
https://www.qld.gov.au/families/legal -
Queensland Law Society – Family Law Guidance and Legal Assistance
https://www.qls.com.au/
