What Happens If Parents Can’t Agree on Child Custody in WA?

Separation of spouses and de facto partners can happen due to loss of connection, infidelity or abuse. Everyone has the right to live their lives on their own terms, and the law supports it.

However, during a marriage or de facto relationship, if a child is conceived or you have children of your own, you need to decide their custody. In such situations, consulting child custody lawyers Perth would be the best course of action.

How to Start Deciding Who Will Take Care of Our Child?

The first step when deciding about child custody is to make a written parenting plan together with your estranged spouse or de facto partner. Draft a precise plan by discussing the finances, living arrangements and amount of time spent with the best child support lawyer.

Sign the document plan and keep it safely as evidence if any disputes arise in the future. To ensure the plan is followed, you can submit this document to the Family Court of WA and ask for consent orders.

What should I do if I can’t agree on our Child Custody?

In case disagreements occur between your spouse or de facto partner regarding child custody in WA, you should consult with a Family Dispute Resolution (FDR). Under the Family Law Act 1975 (Cth), it is mandatory for you to attend a dispute resolution before going to court. You can find a reliable centre that helps to draft a parenting plan through negotiation, family counselling, or conciliation on government-operated authentic online websites.

This step can be skipped if there has been abuse to the child by one of their parents and evidence of family violence. If there is an immediate threat to the child’s safety requiring prompt court orders, the entire process of FDR does not apply.

How Is a Parenting Plan Made in Child Custody?

Parental responsibilities apply equally to each parent unless one of them is abusive or evidence of family violence is found. According to the best child custody lawyer Perth, a parenting plan will include the following:

• Which parent shall the child live with, and how much time should be spent with each parent.
• How much time will the child spend with other familial ties from each parent’s side, for example, grandparents and siblings?
• Which parent will decide certain life aspects of the child? For instance, who will be responsible for the child’s educational institution and medical care?
• The process of communication of the child with the other parent who is not living with them, and how often they can meet.
• What arrangements between the parents will be made on the child’s birthday and holiday period?
• The methods to resolve any minor disputes and to change certain statements of the plan.

How to Bring up Child Custody in WA Court?

A formal application needs to be submitted for the Family Court of WA to take action. According to legal advice for child custody, the FDR practitioner will issue a certificate stating that the negotiation failed due to certain factors. Without this certificate or a valid exemption from FDR due to abuse and violence, the court will not accept a parenting application.

Now, when the matter is brought up in court, judgment will be based on the child’s best interests. This essentially means that the well-being of the child has greater weight than that of the parents. The court will look into the need to protect the child from physical or psychological harm, and if they are subjected to or exposed to neglect, abuse or violence from family.

Apart from that, the court will prefer the child maintain a real ongoing relationship with both parents if they are amicable. That is why the court prefers to draft a parenting plan with equal responsibilities for both parents so that the child feels safe and loved by both.

Other factors that are considered before passing a verdict are stated as follows:

• The Child’s Own Voice: With the help of family law lawyers Perth WA, the child’s view regarding his circumstances is filed and reported to the court. The court does not directly ask the child to express his opinions before the court unless special situations apply. The age and maturity of the child are also taken into consideration.
• Existing Relationships: The closeness of the bond with respect to each parent is determined. Other familial bonds with grandparents and siblings are also noted down.
• Parental Involvement: How much time each parent has spent with their child and taken responsible decisions on their behalf is observed. Parental attitude regarding the amount of care that involves the child’s residence, meals and day-to-day supervision is taken into account.
• Impact of Change: The court takes into account distance, cost and travel difficulties that the child has to go through to spend time with each of their parents. Whether separating them from one of their parents would impact them is determined.
• Parenting Capacity: Each parent’s capability to meet the emotional needs and financial needs is analysed, and the process of child care amount allocation is determined.
• Future Conflict: Any note of family violence is taken, along with the grounds of future conflict. The court focuses on reducing ongoing fights so that the child can grow up in a stable environment.

Conclusion

Once the court files an order, it becomes binding, and the parents of the child need to adhere to it. If one of the parents breaches orders, the other parent can file a Contravention Application with the help of the best family lawyers in Perth. The law always encourages parents to take up proper responsibilities, and for further assistance, the top lawyers are always available to help!