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Free Guide to Hiring a Family Lawyer
In Perth, Australia, the law places a firm emphasis on the best interest of the child when determining child custody matters. This often relates to maintaining a meaningful relationship with both parents post-separation or divorce, and ensuring the child's safety. Various factors such as the child's views, the parent's attitude towards responsibilities, the effect on the child of changing circumstances, and others are considered by the court while making custody decisions.
Legal assistance is often needed when parents separate or divorce and need to make arrangements for their child's residence, contact, welfare, and other aspects that might impact the child's well-being. This is particularly true when the parents cannot reach an agreement, a parent wishes to relocate with the child, or there are concerns about the safety of the child. A lawyer can help ensure that you're well represented, your voice is heard, and your child’s best interests are upheld throughout the legal process.
In Perth, and across Australia, the Family Law Act 1975 governs matters related to child custody. This Act emphasizes that children have the right to enjoy a relationship with both parents. Under the law, joint parental responsibility is deemed in the best interest of the child unless significant factors, such as domestic violence or child abuse, destabilize this presumption. The child's welfare remains the paramount consideration in all decisions.
Equal shared parental responsibility is a legal principle under which both parents share decisions on long-term issues like schooling, health, and religious upbringing. It doesn't necessarily mean equal time with the child.
'Best interest' is determined by factors like the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, views expressed by the child, etc.
If there is no formal agreement in place, the parent with whom the child lives usually makes the decisions until a court or an agreement specifies otherwise.
Relocation of a parent with a child may impact the other parent's ability to maintain a relationship with the child, hence, it usually requires court approval.
Yes, under the Family Law Act, grandparents or other relatives can apply for custody or access to the child. Again, the determination will be based on the best interest of the child.
The Family Court of Western Australia provides extensive resources and guides on child custody matters. Additionally, Legal Aid Western Australia, the Department of Human Services, and the Family Relationship Centre can also provide supportive resources and advice.
If you need legal assistance, consider seeking the counsel of a lawyer specializing in family law. Prepare important details about your case, such as living arrangements, financial status, and other key factors to discuss with your lawyer. Know that a lawyer can help to negotiate an agreement or represent you in court if necessary. Remember, your prime focus should always be the well-being of your children.
