Father's Contact Suspension
The individual is facing child custody and family law issues in Western Australia. In 2020, the child's father engaged in an illegal act against the individual and their child, which was not reported to spare the child from distress. Recently, the father's behavior has worsened due to substance abuse issues. The individual seeks to temporarily suspend all contact between the father and their child until these concerns are addressed. The individual has attempted to resolve the matter through dialogue with the father but is now considering protective legal action for the child's safety.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal steps I need to take to temporarily suspend contact between my child and their father?
To temporarily suspend contact, you will need to apply for a Child Arrangements Order through the appropriate Family Court. You should complete the relevant application form specifying the order you desire and the reasons for your request. Mediation may be advised before court proceedings unless an exception applies. If there are urgent safety concerns, you might also request an expedited hearing. It may be beneficial to consult a family law professional for specific legal advice tailored to your situation.
What evidence or documentation will I need to present in order to support my case?
To strengthen your case for temporarily suspending contact, it is important to assemble evidence that illustrates the father's irresponsible behavior and any potential risks to your child's safety. This could include:
- Witness testimonials: From relatives, friends, or neighbours who can attest to the father's conduct.
- Incident reports: If any relevant events were reported or linked to public disturbances.
- Medical documentation: If relevant, indicating any harm or distress caused to your child.
- Communication records: Such as messages or emails that reflect your concerns.
- Visual evidence: Including photographs or videos proving unsafe environments or reckless behavior.
Organize your evidence clearly to demonstrate the need for a temporary suspension of contact.
Are there any immediate protective measures I can request from the court to ensure my child's safety?
You can petition the court for an emergency child arrangements order if you believe your child is at substantial risk of harm. This may include a Prohibited Steps Order, which can suspend the father's contact until the issues are resolved. It is vital to convey the urgency of your concerns and provide supporting evidence. Additionally, a Non-Molestation Order could be sought if there are indications of harm to you or your child from the father. The child's welfare remains the court's foremost priority.
What are the potential legal consequences for my child's father if I proceed with this action?
Should you proceed with actions to suspend contact, the court may enforce restrictions on the father's interactions with your child, potentially mandating supervised visitation or full suspension of contact until he rectifies his issues. If the court identifies him as a risk, this may limit his parental rights and responsibilities, impacting his decision-making authority regarding your child's welfare. He might also be required to attend programs addressing substance issues or parenting skills.
