Child Contact Arrangements

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The client is seeking advice on child contact arrangements in Western Australia due to conflicting work schedules. They work Monday to Friday and every other Saturday, while their ex-partner works on weekends. The client is interested in having contact on Wednesday and Thursday evenings and every other weekend but faces challenges because their ex-partner works every weekend. This situation involves navigating child custody and parenting arrangements to find a schedule that accommodates both parties' work commitments.

Questions about this case

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What legal steps can I take if we can't agree on a suitable child contact arrangement?

If an agreement on child contact cannot be reached, you may apply to the court for a Child Arrangements Order. This order determines the living arrangements and contact schedule for your child. Before doing so, you'll typically need to attend a Mediation Information and Assessment Meeting (MIAM) to explore alternative resolutions. The court will prioritise the child's welfare and aim to establish a stable environment that accommodates both parents' schedules and the child's needs.

How does the court decide on child contact arrangements when parents have conflicting work schedules?

When deciding on child contact arrangements, the court prioritises the child's best interests, considering factors such as emotional needs, stability, and the parents' work schedules. In cases of conflicting work schedules, the court may propose flexible arrangements that allow regular contact, such as alternating weekends or midweek overnight stays if feasible.

Can a formal arrangement be modified if our work schedules change in the future?

Yes, a formal child arrangement can be modified if your work schedules change. If the arrangement is court-ordered, you would need to apply for a variation through the family court, demonstrating the change in circumstances.

What are the potential consequences if my ex-partner does not adhere to our agreed child contact arrangement?

If your ex-partner does not adhere to the agreed child contact arrangement, you may face several potential consequences. Initially, it's advisable to engage in dialogue to understand any underlying issues. However, if non-compliance persists, you could consider applying to the Family Court for enforcement of the arrangement.

Are there any alternative dispute resolution options available to help us reach an agreement on child contact?

In resolving child contact disputes, mediation is a key alternative dispute resolution option. Mediation involves both parties working with a neutral third-party mediator to reach a mutually agreeable arrangement.

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