Children Issues and Parenting Orders
Following the breakdown of a relationship, amongst other things, parties will need to carefully navigate the care arrangements for their children. At difficult times like these, the wellbeing of your children must remain at the forefront of both parties’ minds.
With a wealth of knowledge in the area of Family Law, the team at Dwyer Durack are experienced and understanding when it comes to legal matters regarding child support and child custody. Our lawyers will help you to understand your legal obligations during this time, keeping you updated and informed every step of the way.
In many cases, the Family Court will consider the best interests of the children when determining a parenting dispute. To this end, the Family Court will give regard to various primary and additional considerations as set out in the Acts, when considering whether or not to make a parenting order.
The two primary considerations are:
- The benefit to the child of having a meaningful relationship with both of the child’s parents; and
- The need to protect the child from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence.
Amongst the additional consideration, the Family Court will consider:
- The child’s age, maturity, attitude, sex, lifestyle, background and any views expressed by him/her;
- The nature of the relationship between the child and each parent and any other person;
- The willingness or ability of each parent to facilitate the relationship between the child and the other parent;
- The capacity of each parent to provide for the child’s various needs;
- The likely effect on the child of any changes to the child’s circumstances;
- Any family violence; and
- Each parent’s attitude to the child and to the responsibilities of parenthood (for example, making decisions about the child’s long term issues, spending time and communicating with the child and maintaining the child).
The Family Court may also need to consider the child’s living arrangements, including whether the child should spend equal time with each parent or whether it is in the child’s best interests to live with one parent and spend substantial and significant time with the other parent.
In order to do so, the Family Court will give regard to the applicable provisions of the Acts and the circumstances of the child/children at the time the Family Court deals with the case.
Substantial and significant time includes the child spending time with the relevant parent on days that fall on weekends and holidays, as well as days that do not fall on weekends and holidays.
To speak with a professional child custody lawyer today, contact our leading Perth law firm on (08) 9289 9888.
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