What do you need to do in order to get custody of your child?
In order to obtain custody of a child in Western Australia, a person typically needs to file a court application and demonstrate that it is in the best interests of the child for them to have custody. The court will consider a variety of factors when making a determination, including:
- The child’s relationship with each parent and any other significant people in their life.
- The child’s physical, emotional, and intellectual needs.
- The ability of each parent to meet those needs.
- Any history of abuse or neglect by either parent.
- Any wishes expressed by the child, if they are old enough to understand the situation.
It is also possible for parents to come to a custody agreement through mediation or negotiation, rather than through a court decision.
It is important to note that in Western Australia, the term “custody” is no longer used, and the term “parental responsibility” is used instead. Parental responsibility refers to the legal responsibilities and rights that parents have for their children, including making decisions about their care, welfare, and development.
How can a lawyer help you in a Child Custody matter?
A lawyer can help you in a child custody matter by providing legal advice and representation throughout the process.
A lawyer can also assist you in gathering evidence to support your case, including statements from witnesses, medical records, and other documentation.
They can help you prepare for court hearings and represent you in court, making arguments on your behalf and cross-examining witnesses.
A lawyer can also help you negotiate a custody agreement with the other parent, either through mediation or direct negotiations.
They can help you understand the pros and cons of different custody arrangements and ensure that any agreement reached is in the best interests of your child.
Finally, if the case goes to trial, a lawyer can help you navigate the court system and represent your interests in court, arguing your case and working to secure the best possible outcome for you and your child.
Our aim is to get an agreement with your spouse without the need to attend court, but each case is different, and we stand behind you to assist in getting the best outcome for you and your children.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your custody situation in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.