Daughter's Refusal
The client is dealing with a child custody issue in Western Australia, where there is no court order in place. Their daughter is refusing to return to her father after school due to feeling uncomfortable and concerns about her brother's safety. The situation involves apprehensions about the father's behaviour and its impact on the children. Guidance is sought on how to manage this situation without a formal custody arrangement.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to ensure my daughter's safety and well-being in the absence of a court order?
If your daughter is refusing to return to her father due to safety concerns, it's crucial to prioritise her well-being. Consider contacting local Children's Services to report any concerns about harm, as they can assess the situation and provide guidance. Additionally, you might want to speak with a family mediator who can assist in discussing the situation with both parties involved. If there's immediate risk, contact the police for urgent safety concerns. It's also wise to document any incidents or evidence of distress, which could support future legal actions.
How can I apply for a child arrangements order to address the current custody situation?
To apply for a child arrangements order, submit a relevant application form to the Family Court, detailing the current custody situation. You must attend a mediation meeting unless exempt. The court will focus on the child's best interests, considering their wishes and well-being. It is beneficial to seek assistance from a family law solicitor to guide you through the process.
Is there any legal action I can take if my daughter's father is causing distress or harm to her or her sibling?
You may consider applying for a Prohibited Steps Order (PSO) to prevent the father from taking specific actions, such as contacting or visiting the children. If there's evidence of abuse, you might also seek a Non-Molestation Order, which can protect the children from harm or harassment.
What evidence or documentation should I gather to support my case if I decide to seek a court order regarding child custody?
To support your case for a child arrangements order, gather evidence of your child's current living situation, communication with the father regarding custody, and records of any incidents impacting your child's welfare, such as diary entries, photographs, or witness statements. Collect evidence of your daughter's expressed wishes and feelings, and seek statements from school staff or family members who can attest to the child's well-being.
Are there any immediate legal protections or injunctions available if I believe my children are at risk of harm?
You may seek immediate legal protection if your children are at risk of harm by applying for an emergency prohibited steps order or a specific issue order through the Family Court. These orders can prevent a child from being taken to certain places or ensure specific actions are taken. The welfare of the child is the court's paramount consideration.
