Child Custody Concerns
The client is currently involved in court proceedings regarding the custody of their two children, residing in Western Australia. They have successfully obtained a court order granting them custody of the eldest child. The children's mother has a history of domestic violence, particularly with her previous partner, with whom she is currently in an unstable relationship. Concerns have been raised by the client about the mother's environment, including her involvement in concerning activities alongside her mother, and her ability to manipulate social services. The client's primary concern is the safety and welfare of the children, especially given existing prohibitions against the mother's partner having contact with them.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure the safety of my children given the domestic violence history of their mother?
To ensure your children's safety, consider applying for a Child Arrangements Order that specifies conditions on their mother's contact. You can seek a Prohibited Steps Order to prevent her from exposing the children to risky situations, including contact with her partner. If there's immediate danger, seek an Emergency Protection Order. Document any incidents of concern and report them to the authorities and children's services. Engage with a local support service for guidance on handling domestic violence cases. Ensure any safety concerns are communicated to social services to maintain accurate records.
How can I modify the current custody order to limit or supervise the mother's access to our children, considering her past behaviour?
To modify the current custody order in Western Australia, you can apply to the Family Court for a variation of the child arrangements order. You may request supervised contact or limited access by the mother, citing her behaviour and safety concerns. Ensure you provide evidence of her conduct and its impact on the children. Consider an evaluation by a professional service that assesses children’s needs and any risks posed by the mother. If violence or substance misuse is a concern, the court may need to address these in its decision.
What evidence do I need to gather to support my case for full custody, and how can I present it effectively in court?
To support your case for full custody, gather evidence demonstrating the mother's unfitness, such as her history of violence, substance abuse, or any relevant records. Collect police reports, witness statements, and documentation from social services regarding her interactions. Obtain testimony or reports from professionals illustrating the impact on your children. Ensure all documents are organized to provide a clear narrative. Present this evidence in court with the assistance of a legal professional who can ensure it's admissible and persuasive.
Are there legal restrictions or measures I can seek to prevent the mother's partner from having contact with my children?
You can seek a non-molestation order against the mother's partner to prevent them from having contact with your children. This order is designed to protect you and your children from potential harm and can include provisions preventing the partner from approaching or contacting your children. Additionally, you might consider applying for a prohibited steps order, which can specifically prevent certain actions regarding the children. To pursue these measures, gather evidence of any harmful behaviour and consult a family law solicitor.
What role do social services play in this case, and how can I address any misinformation that might have been provided to them?
Social services are crucial in assessing the children's welfare and ensuring their safety. They may conduct visits and interviews with you, the children, and the mother. If misinformation has been provided, it's essential to give social services accurate evidence of the mother’s behaviour, including any documentation or witnesses. Request a meeting with the social worker involved in your case to discuss concerns and present clear facts. Emphasise any inconsistencies in the mother's statements and support them with evidence.
