Stewart Family Law assists separated and divorced parents in Brisbane resolve parenting and child custody matters.
At Stewart Family Law, we understand that making decisions about your children’s future after divorce and separation can be emotionally difficult. Our compassionate and practical team of family lawyers are committed to helping you protect your children’s best interests while developing fair and amicable arrangements that work for your family.
Both our Director, Judy, and Associate Director, Temika, have been recognised as Recommended and Leading Parenting & Children’s Matters lawyers in Doyle’s Guide in 2026, ensuring you are working with a highly experienced and knowledgeable team. We’ll guide you through each step, focusing on achieving the best outcome for your family.
Awards & Recognition
At Stewart Family Law, we simplify decision-making about parenting matters (child custody) and understand that every family is unique. We can assist you with drafting a parenting plan or establishing formal parenting consent orders.
If you need assistance resolving disagreements regarding co-parenting or addressing more serious matters in court, you can feel assured that our lawyers will work closely with you to overcome the challenges you are facing.
Reaching a parenting agreement that suits your family can take some time and negotiation, but it should always prioritise your child’s best interests. There are lots of factors to consider when creating a parenting schedule or parenting order, but in most cases, child custody arrangements can be made without the requirement of court proceedings.
Judy Stewart, Director of Stewart Family Law, is a highly regarded Accredited Family Law Specialist with over 20 years of expertise in family law matters. Recently recognised by Best Lawyers as Brisbane’s Lawyer of the Year (2027), Judy focuses on resolving disputes and delivering tailored solutions for your situation.
Our team provides various options to finalise property settlements and parenting arrangements, keeping your family’s needs at the forefront and avoiding the need for court where possible.
In cases where the court is unavoidable, our team’s extensive experience ensures you’ll receive strong, capable representation throughout the family court process.
What Our Clients Say
Rated 4.7 from 66 Google reviews. Read them on Google or see more client reviews.
"Judy is an incredibly experienced, skilled and knowledgeable family law mediator. I really wanted to find a mediator that was fair and child focused, she was that person and more. She guided us through an emotional separation process with compassion and understanding, and was able to help us communicate effectively and come to a fair resolution."
"I had a very positive experience working with Temika. She was patient and took the time to listen to my circumstances in detail, rather than giving a one-size-fits-all approach. She was consistently ahead of deadlines, which gave me peace of mind knowing court dates and important matters would never be missed."
"I can strongly recommend Temika and the team from Stewart Family Law for all family law matters. She kept the matter on the issues at hand and helped lessen the emotional turmoil one goes through when going through a family breakup. I have used the services of Stewart Family Law with Temika at the helm twice now and will definitely use them again if needed."
"I would like to say a huge thank you to Judy Stewart for all her help, expertise and kindness to me and my family, during a very stressful time. Much appreciated. Happily recommend her."
Our legal team includes some of Brisbane’s most experienced family lawyers, including Accredited Specialists and Senior Associates with expertise across all areas of family law.
If you’re seeking an Accredited Specialist in family law or expert family law mediation services, reach out for support with your parenting arrangements or any other family law matters. We’re here to help you through the process with care and expertise.
"*" indicates required fields
In Australia, child custody is now called ‘Parenting Arrangements’. The legal process for organising parenting arrangements primarily involves reaching an agreement between parents and formalising it, focusing on resolving matters amicably outside of court.
Here’s a step-by-step overview:
The first and most crucial step in the child custody process is for parents to agree about their children’s care arrangements. This can be achieved through negotiation, mediation, or family dispute resolution. Most parenting matters are resolved without needing to go to court.
Family Dispute Resolution (FDR):
Before resorting to court, parents are encouraged to engage in Family Dispute Resolution (FDR). This process involves working with an accredited mediator or Family Dispute Resolution practitioner to discuss and resolve parenting issues. The aim is to reach a mutually acceptable agreement regarding child custody, visitation, and other significant aspects of parenting.
Parenting Plans:
A Parenting Plan is an informal, written agreement between parents detailing how they will care for their children. It covers aspects like living arrangements, time spent with each parent, and how significant decisions (such as education and health) will be made. While not legally binding, Parenting Plans offer a flexible and amicable way to manage parenting arrangements.
If parents reach an agreement about the time the children are to spend with each of them, they can formalise the agreement through a Consent Order. If parents reach an agreement about child support and payments for children they can formalise that agreement in a Binding Child Support Agreement. This formalisation provides legal certainty and ensures that the arrangements are enforceable, and based on the best interests of your child.
Consent Orders:
If parents agree on parenting arrangements, they can apply to the Family Court of Australia for Consent Orders. These orders are legally binding and enforceable. They are designed to give parents peace of mind by providing a clear, court-approved framework for child custody and related matters.
Binding Child Support Agreement:
Parents can enter into a Binding Child Support Agreement for child support arrangements. This formal document outlines each parent’s financial contributions towards their child’s upbringing, including school fees and other expenses. It is legally binding and provides clear expectations for both parties.
If parents cannot reach an agreement through mediation or FDR, or if one parent is unwilling to participate, the next step is to apply to the Federal Circuit and Family Court of Australia for Parenting Orders. The court will then make decisions based on the best interests of the child, considering factors such as the child’s needs, any views expressed by the child, the capacity of the parents to care for the child and any issues of family violence.
Child custody matters are often resolved out of court through negotiation and formal agreements like Parenting Plans and Consent Orders. Engaging in these processes early and effectively can save time, reduce stress, and help ensure that decisions are made in the child’s best interests. For those who need assistance, seeking guidance from experienced Family Lawyers can help navigate the legal process smoothly and achieve a favourable outcome for all involved.
If you need to modify an existing child custody arrangement, the first step is to seek legal advice to understand your options. Most child custody disputes can be resolved through mediation before court.
If mediation does not resolve your disputes, you may apply for a court order through the Federal Circuit and Family Court of Australia.
If there is an existing court order you will need to be able to show the court that there has been a significant change of circumstances since that order was made. Our family law firm can assist you at every step to ensure the best possible outcome for your child’s wellbeing.
The Family Court considers various factors when making decisions about child custody, including the child’s best interests, any views expressed by the child, the capacity of the parents to care for the child, and any history of domestic violence or family violence.
The court aims to facilitate a meaningful relationship between the child and both parents while ensuring the child’s safety and wellbeing. Legal representation is crucial to navigating this complex process effectively.
A Parenting Plan is a flexible, informal agreement that outlines parenting arrangements and can be modified by mutual consent. In contrast, Parenting Orders are formal, legally binding court orders that provide clear instructions on parenting arrangements and must be adhered to by both parties. There can be repercussions if parents do not follow Parenting Orders.
Parenting Orders are often used to resolve ongoing child custody disputes and ensure that all legal rights of the children and responsibilities of the parents are upheld.
Parenting Plans are often entered into where children are young or there is a recent separation. Parents may wish to trial an arrangement and then review how that arrangement is working. This is easier with a Parenting Plan than a Court Order.
Child support arrangements are not usually included in Parenting Orders and Parenting Plans. Child Support Arrangements can be documented in a separate document called a Binding Child Support Agreement. A Binding Child Support Agreement can provide clarity and ensure consistent financial support for the child. Binding Child Support Agreements and Consent Orders are formal methods to ensure that child support payments are made as agreed and children spend time with each parent as agreed.
If you suspect non-compliance with a Parenting Plan or court order, you can first attempt to resolve the issue through mediation. If this is unsuccessful, you may need to seek enforcement through the Federal Circuit and Family Court, in the form of a contravention order.
This can only be done if existing Orders are in place. Our family law team provide legal services to help ensure compliance and that the child’s needs are met according to the court order. If you have a parenting matter in which a child is being withheld, you can apply for recovery orders through the court. These are usually urgent situations where mediation may be bypassed.
Allegations, or the presence of family violence, can significantly impact child custody arrangements. The court takes such allegations seriously and may issue Orders or injunctions to protect the child and parent. Family violence can affect decision making on custody, time spent with children, and parental responsibility to ensure the safety and wellbeing of the child.
An FDR practitioner assists parents in resolving parenting disputes through mediation, aiming to reach a mutually acceptable agreement about children’s matters without court proceedings. This process helps avoid the stress and costs associated with litigation and can lead to a more amicable resolution, benefiting both parents and children.
To address your child’s needs effectively in a Parenting Plan, ensure that the plan includes detailed provisions on education, medical care, and daily routines. Consider the long-term wellbeing of the child and any special needs they may have. Consulting with an experienced family lawyer can help tailor the plan to your child’s best interests.
If you cannot agree on child custody with your former partner, you can pursue several options, including mediation, applying for Parenting Orders, or attending upon a Family Report Writer. The Federal Circuit and Family Court system provides mechanisms to resolve these disputes, ensuring that all parties’ responsibilities and the child’s best interests are considered.
You can obtain copies of Parenting Plans or Parenting Orders through your lawyer or by contacting the Federal Circuit and Family Court where the orders were issued. If the agreements were made privately, ensure you retain a written, signed and dated copy for your records.
When drafting a Binding Child Support Agreement, consider including details on the amount and frequency of payments, provisions for future adjustments, and coverage of additional expenses such as school fees. Ensuring clarity in these areas can prevent future disputes and provide financial stability for the child.
To appeal a Federal Circuit and Family Court decision, you must have valid grounds for appeal, such as procedural errors or misinterpretation of the Family Law Act 1975. You must file your appeal within the required timeframe. You should seek legal representation to guide you through the process and represent your interests in court.
Yes, same-sex couples have the same legal processes for child custody and parenting arrangements as heterosexual couples. They can use the Family Law Act and other legal frameworks to address child custody matters and meet their child’s best interests.
The Family Law Act 1975 provides the legal framework for child custody decisions, focusing on the child’s best interests and their safety, and parental responsibility for the child. The Act guides the Federal Circuit and Family Court in making decisions in child custody cases that are in a child’s best interests and ensure their safety.
Family Lawyers provide comprehensive support in handling child custody cases, offering legal advice, representation, and assistance throughout the court proceedings. They work to achieve the best possible outcome for your family, ensuring that all legal aspects are addressed and your child’s wellbeing is prioritised.
No, shared care refers to the child’s physical time with each parent. In contrast, shared decision-making responsibility focuses on both parents having an equal say in major decisions affecting the child’s life, such as education or medical care.
Both aspects are considered in family law issues. The court does not presume that it is in the best interests of the child for the parents to make joint decisions and each case is considered on the facts and evidence as to what is in the child’s best interests and what arrangements will best promote the child’s safety. Orders for joint decision making does not automatically mean that a child will live equally between the parents.
While equal time, or a 50/50 split, is sometimes encouraged, it’s not the default in Australian family law. The court prioritises the child’s best interests and may order different parenting arrangements based on family law issues like parental capacity, the child’s needs and circumstances, and the child’s views.
Sole custody, where one parent has primary responsibility for the child, is less common in Australia than shared care (joint custody) but can be granted in cases involving allegations of child protection concerns, family violence, or where shared care is not in the child’s best interests.
Family law services help navigate these challenging times with expert advice. It must be stated that while parents still offen refer to sole custody and joint custody these are not the terms used by the Court.
The Court refers to the time and communication that children have with their parents and who the children live with. There are many different ways for children to spend time with each parent.
Under the Family Law Act parents do not have rights but they have responsibilities. Responsibilities include making critical decisions about a child’s life, such as education and health, even after separation. Under Australian family law, children have rights and their best interests and their safety is emphasised whether the parents are in a de facto relationship or marriage.
Under Australian family law, grandparents and other family members can apply for parenting orders if they have a significant role in the child’s life. Our family lawyers can offer expert advice on family law services and how best to proceed in these family matters.
“I wanted to let you know, Temika – how very grateful I have been to have you represent me over the past few years. You have certainly seen my worst side and kept me sane when I have really needed it! Your professionalism is second to none and I couldn’t have asked for any one better to be on my side! So from the very bottom of my heart thank you!!”
– KD
