The cost of obtaining child custody in Australia after a divorce varies based on factors such as case complexity, the need for court involvement, and the level of agreement between parents. But other than legal fees, there are also some additional or hidden costs and fees that one should consider.
1. Additional Expenses:
- Mediation Services:
Engaging in mediation to resolve disputes can cost between $1,000 and $10,000, depending on the mediator and the number of sessions required. - Expert Witnesses:
In cases requiring expert testimony, such as child psychologists, fees can range from $200 to $500 per hour.
2. Cost-Saving Measures:
- Alternative Dispute Resolution (ADR):
Opting for mediation or collaborative law can be more cost-effective than court litigation. - Legal Aid:
Individuals with limited financial means may qualify for legal aid, which provides free or reduced-cost legal services.
3. Regular and Potential Costs of Child Custody
Legal Representation:
Hourly Rates:
Family lawyers in Australia typically charge between $300 and $600 per hour, excluding GST.
Total Legal Fees:
- Uncontested Cases:
If parents reach an agreement without court intervention, legal fees might range from $5,000 to $10,000. - Contested Cases:
For disputes requiring court proceedings, costs can escalate to between $20,000 and $80,000, depending on the case’s complexity.
Court Fees:
- Filing Fees:
Initiating an application in family court involves fees, such as $385 for a parenting or financial final order application, and $515 for combined final and interim orders. - Hearing Fees:
If the case proceeds to a defended hearing, setting down for hearing fees are $945 in Division 1 and $695 in Division 2, with daily hearing fees of the same amounts for each subsequent day.
