Unlawful Child Retention

To apply for a parenting order in Queensland, you need to file an application with the Family Court of Australia or the Federal Circuit and Family Court of Australia. Before filing, you must attend Family Dispute Resolution (FDR), unless exceptions like family violence apply. If agreements can't be reached, obtain a section 60I certificate from the FDR practitioner to include in your application. Complete the application form and an affidavit detailing your relationship with your child, living arrangements, and any pertinent factors. Once filed, the court will allocate a date for the initial hearing to discuss interim arrangements. It's advisable to seek legal advice for guidance through this process.

To support your claim for custody or visitation rights, gather evidence that demonstrates your involvement in your child's life and your capability to provide a stable environment. This could include: 1. Documentation of Communication: Records of phone calls, messages, or emails showing attempts to contact your child and maintain a relationship. 2. Witness Statements: Testimonies from family, friends, or professionals attesting to your relationship and role in your child's life. 3. Proof of Stability: Evidence of your stable living conditions, employment, and financial ability to support their needs. 4. Parenting Plan: A proposed parenting plan that outlines how you plan to share responsibilities with your ex-partner. For more guidance, review the Family Law Act 1975 which governs such matters in Australia.

In Queensland, the Family Law Act 1975 is applied to determine custody arrangements based on the child’s best interests. Your chances of being granted shared custody can depend on several factors, including your current relationship with your child, ability to provide for their welfare, and willingness to facilitate a relationship between your child and your ex-partner. Since there are no existing legal documents, the court will assess these elements alongside any history of family violence or safety concerns. The court generally supports shared parental responsibility unless it's not in the child’s best interests. For further guidance, consider consulting a family lawyer who can help tailor advice to your particular circumstances.

The process to establish legal custody arrangements in Queensland can vary significantly depending on the specifics of the case. Usually, it involves mediation and, if unresolved, court proceedings. Mediation through a Family Dispute Resolution (FDR) practitioner is a prerequisite, except in cases of urgency or risk. After mediation, if necessary, you can apply to the Family Court or Federal Circuit Court. The timeline can range from a few months to over a year, subject to court availability and compliance by both parties.

If your ex-partner refuses to comply with a court order regarding child custody, you may apply to the Family Court or Federal Circuit and Family Court of Australia for enforcement. The court could impose various penalties on your ex-partner, such as fines or community service, or even alter the existing custody arrangements. You will need evidence showing non-compliance, such as documented missed visits or communication records. If urgent, consider applying for a recovery order to ensure the child's return. In some cases, involving the police may be necessary, especially if there are concerns for the child's safety.