Contact Schedule Dispute
The client is experiencing issues with child arrangements in Western Australia. The primary concern is the father's inconsistent contact days, which is causing problems. The client is seeking clarity and consistency in the arrangement. The situation involves common questions around child custody and child arrangements.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I address and prevent the frequent changes in contact days by the other parent?
To address and prevent the frequent changes in contact days, consider establishing a written agreement with the other parent. This document should clearly outline agreed-upon contact days and any conditions for changes. If direct communication with the other parent is challenging, using a mediation service can help facilitate a mutually acceptable arrangement. Mediators can offer a neutral environment to negotiate and resolve disputes. If informal agreements are ineffective, you might also consider keeping a detailed log of missed or altered contact days to support your case should legal intervention be required. Consider seeking advice from a family law solicitor to explore further preventive measures.
What are the legal steps to formalise a consistent child arrangements schedule?
To formalise a consistent child arrangements schedule in Western Australia, consider these steps: Firstly, attempt mediation with the child's other parent. Mediators can facilitate a mutually agreeable schedule and are often a required step before court. If mediation is unsuccessful, apply to the Family Court for a Child Arrangements Order. This requires completing a necessary application form and potentially attending a court hearing. The court's primary consideration will be the child's welfare. Once issued, this order legally binds both parents to the agreed schedule. You might also benefit from seeking legal advice to navigate this process effectively.
Can I request a court order to establish fixed contact days, and what is involved in that process?
Yes, you can request a court order to establish fixed contact days by applying for a Child Arrangements Order through the Family Court. This process involves submitting an application form, and if safety concerns exist, a separate form may be needed. Before applying, you must attend a Mediation Information and Assessment Meeting unless an exemption applies, to explore alternative dispute resolution. The court will prioritise the child’s welfare in their decision-making. A Child Arrangements Order sets out specific contact days and times for the other parent and is legally enforceable, helping to reduce issues with inconsistent contact schedules.
What factors will the court consider when determining a stable contact schedule for my child?
When determining a stable contact schedule, the court will prioritise the child's welfare, considering factors like the child's age, emotional needs, and the existing relationship with each parent. The court also assesses the parents' ability to cooperate and the child’s routine. Stability and continuity in the child's life are crucial, as is ensuring that the child maintains a meaningful relationship with both parents, provided it is safe and beneficial.
How can I ensure that any agreement reached is legally binding and enforceable?
To ensure a child arrangements agreement is legally binding and enforceable, it is advisable to have a Consent Order approved by the court. A Consent Order is a legal document that confirms your agreement and is enforceable by law. To obtain this, both parties must agree on the arrangements, and then submit the drafted Consent Order to the court. The court will review it to ensure it serves the child's best interests.
