About Child Custody Law in Perth, Australia
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.
Why You May Need a Lawyer
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.
Local Laws Overview
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.
Frequently Asked Questions
What is 'equal shared parental responsibility'?
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.
How is the 'best interest' of the child determined?
'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.
Who gets custody if no formal agreement is in place?
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.
Can a parent relocate with the child?
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.
Can grandparents or other relatives apply for custody or access to the child?
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.
Additional Resources
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.
Next Steps
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.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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