Following the breakdown of a relationship, there are many things to take care of, including, most importantly, the care arrangements for children. In determining a parenting dispute, the Family Court will always consider the best interests of the children. In determining what orders to make, the Family Court will be guided by the primary and additional considerations set out in the Family Law Act 1975 (Cth) and Family Court Act 1997 (WA).

The two primary considerations in child custody matters are: 

1. The benefit to the child of having a meaningful relationship with both of the child’s parents; and
2. 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 considerations, 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).

With a wealth of knowledge in the area of family and de facto law, the team at Dwyer Durack are experienced and understanding when it comes to legal matters regarding child support and child custody. Our Perth lawyers will help you to understand your legal obligations during this time, keeping you updated and informed every step of the way.

To speak with one of our experienced child support lawyers, contact our leading Perth law firm on (08) 9289 9888. If you’d prefer an in-person consultation, visit our office at Level 8, 40 St Georges Terrace, Perth and speak to one of our dedicated lawyers in a comfortable, confidential environment. 

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