Custody Dispute Case
The client, who is based in Western Australia, is experiencing a custody issue with an ex-partner regarding their two children. They have a previously agreed arrangement where the children stay with the client on certain days of the week and for a week during the school holidays. The client is concerned about one child's well-being, noting that the child, who has special needs, experiences behavioural challenges with the mother but is calmer with the client and desires to spend more time with them. Recently, the ex-partner has refused access for a period of time, citing behavioural issues. The client continues to provide child maintenance as agreed.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to enforce the current custody arrangement and ensure my children can see me as agreed?
To enforce the existing custody arrangement, you may apply for a formal Child Arrangements Order through the relevant Family Court. This order can specify living arrangements and visitation schedules. If the ex-partner is breaching an existing court order, you can apply for enforcement. The court may consider various measures for enforcement. Legal representation may be advisable to navigate this process.
Can I apply for a specific issue order regarding my child's well-being, considering their special needs, and how would that process work?
You can apply for a specific issue order to address concerns regarding your child's well-being, particularly in light of their special needs. This order can cover adjustments to parenting arrangements or specific medical decisions, and the application would go through your local Family Court. Mediation may be required prior to applying, unless exceptions apply. If granted, the court will focus on the child's best interests.
What are my rights if my ex-partner continues to refuse contact with my children without a valid reason?
If the ex-partner continues to refuse contact without a valid reason, you may have grounds to claim a breach of the existing child arrangements order if such an order exists. You could consider applying to the court to enforce the order. The court may impose penalties or adjust arrangements to ensure compliance.
Is it possible to request a variation in the custody arrangement to better accommodate my child's needs, given their special needs?
Yes, you can request a variation in the custody arrangement to better meet your child's needs. The court may revisit the current arrangements if they do not serve the child's best interests. You would apply for a variation through the Family Court, demonstrating how your proposed changes will support the child's welfare.
How can I gather evidence to support my case if this matter goes to court, especially regarding my child's behaviour with me compared to their other parent?
To support your case, keep a detailed diary documenting your child's behaviour during visits. Gather witness statements from individuals who have observed these interactions and collect any reports from professionals involved in your child's care. These documents can illustrate patterns in behaviour that may be important in court.
