Custody Dispute Overview
The client, residing in Western Australia, has two children aged 6 and 8, who recently returned to live with the client after spending two years with their father. The children have expressed a preference to stay with the client, which the father initially agreed to. However, since a specific event, the client's son has refused to visit the father, leading to accusations against the client of influencing the children's decisions. The primary issues involve child custody and visitation rights.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my legal rights regarding the custody of my children now that they have expressed a desire to live with me?
In Australia, if the children are now residing with you and wish to continue living with you, it would be wise to formalise this through a Family Court order. This order establishes the custody and visitation arrangements based on the children's best interests, taking into account their preferences and the ability of both parents to meet their needs. Consulting a family law professional can assist you in understanding the legal process.
How can I ensure that the visitation arrangements are fair and in the best interest of my children?
To create fair visitation arrangements that prioritise your children's needs, consider using mediation services. Mediation can help facilitate a balanced schedule that respects everyone’s preferences. It is key to focus on the children's welfare during discussions. Document any agreed changes and maintain clear communication regarding visitation. If needed, you can seek a court order to formalise arrangements if you cannot reach an agreement.
What steps should I take if my ex-partner accuses me of influencing the children against him?
If you face accusations of influencing your children, it's important to keep open lines of communication with your ex-partner and document all interactions. Record any incidents and ensure your conversations are neutral regarding the other parent. Mediation may help resolve conflicts. Consulting a family lawyer can provide further guidance on handling such accusations.
Is there a legal process to formalise the new living arrangements if my ex-partner and I disagree in the future?
You can apply to the Family Court for an order to formalise living arrangements for your children. This order details who the children reside with and how visitation is managed. It’s advisable to attempt mediation first, as courts often prefer agreements made outside of legal proceedings. Seeking advice from a family lawyer can be beneficial.
What are the potential legal repercussions if my son refuses to visit his father, and how should I handle this situation?
If your son refuses to visit his father, it may lead to legal implications if there is a standing court order for visitation. It is vital to adhere to any existing orders, as non-compliance could lead to enforcement actions. However, a child's wishes can be considered by the court. It's important to communicate with your ex-partner to seek a resolution and, if necessary, involve mediation.
What can I do if my ex-partner threatens to seek full custody of our children, claiming I am unstable?
In response to threats regarding custody, it's important to demonstrate your competence as a parent. Supporting evidence from mental health professionals can show that you’re managing your mental health effectively. The court's primary concern is the welfare of the children, and any documentation demonstrating their well-being will be crucial if the matter goes to court.
What should I do if my ex's new partner is causing distress, such as aggravating situations or controlling behaviour?
Document any incidents involving your ex's new partner that result in distress or property damage and report them to authorities if necessary. You could consider seeking a non-harassment order if the behaviour persists. Having a record can be important if legal action becomes necessary.
