Your Rights to Child Custody in Perth as a Father, Mother, or Grandparent - Havilah Legal

1. Your Rights to Child Custody in Perth as a Father, Mother, or Grandparent Presented by Perth’s experienced Family Lawyers - Havilah Legal

2. In dealing with child custody issues, the law’s main concern is to ensure that a child’s best interests are met by being protected from physical or psychological harm and having both parents involved meaningfully in their lives if possible. • Many factors are considered by a court in deciding what types of arrangements are in a child’s best interests. Child Custody What Is Considered?

3. The law encourages both parents and other people interested in a child’s welfare, which could include grandparents and step-parents, to agree on arrangements, including where they’ll live, how they’ll be financially supported and what their relationship with family members will be. • Indeed, children have a right to spend time with people significant to their care, welfare and development, including grandparents and others, to the extent it is in their best interests. Child Custody What Is Considered? Continued

4. However the Court’s primary concern when resolving or determining child custody issues is determine what is in the best interests of children and in considering what the child’s best interests are, the most important considerations are: • protecting children from physical and psychological harm, being neglected or being physically or psychologically hurt; and • the benefit of children having a meaningful relationship with both parents. • If these two conflict, then the need to protect the child is given greater weight by the court. The Best Interests of the Child

5. any views of the children, having regard to how much they understand and how mature they are. (However they do not have to give their views if they don’t want to); • the kind of relationship children have with their parents and other significant people, including grandparents, step-parents, brothers and sisters, and other relatives; • the extent to which each parent has been involved (or not) with decisions about major long-term issues about the children; • how much time each parent has (or has not) spent with and communicated with the children; The Court Will Also Take into Consideration:

6. whether each parent has supported the children financially or failed to do so, for example paying child support on time; • the likely effect of any change to where children have been living or staying, including separating them from either parent, grandparents, brothers and sisters, other relatives or people important to their welfare; • the practical difficulty and expense of children seeing each parent, and whether that will affect their right to have a relationship with each parent (this includes spending time with and/or communicating with each other); The Court Will Also Take into Consideration: Continued

7. how much each parent and any other person (including grandparents and other relatives) can provide for the children’s physical, emotional and intellectual needs; • the maturity, background (including culture and traditions), sex and lifestyle of the children and of each parent, and anything else about the children that the court thinks is important; • the right of children who are Aboriginal or Torres Strait Islander to enjoy their culture; The Court Will Also Take into Consideration: Continued

8. each parent’s attitude to the responsibilities of being a parent and towards their children in general; • any family violence involving the children or a member of their family; and • any other considerations the court thinks are important. The court can also look at the events that have happened and circumstances that have existed since the parents separated. The Court Will Also Take into Consideration: Continued

9. The law does not require a parent to see their child. • However, parents must not stop or interfere with the other parent's rights or responsibilities under the custody order. • The court will only consider making orders that the children do not see one parent in special circumstances, such as where the court considers the child to be at serious risk of harm. This is rare. Other Things to Consider

10. If the court considers that children may be at risk in the care of one parent, it can order that they spend time or communicate with that parent under certain conditions or under supervision by another person who has been agreed to by the court. • This can be another relative or at a contact service which is a place where children can be dropped off and picked up or spend supervised time with a parent. Other Things to Consider Continued

11. There is no defined age when children can decide on their own living or communicating arrangements. • The law takes into account the emotional and intellectual maturity of children as well as their age when considering their wishes. Other Things to Consider Continued

12. You should get legal advice before deciding what to do. • A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. • A lawyer can also help you to try to reach an agreement with the other party without going to Court. Seek Legal Advice

13. Want to Find Out More? For more information visit federalcircuitcourt.gov.au or contact our experienced family lawyers in Perth today. Presented by Perth’s experienced Family Lawyers - Havilah Legal