Child Return Dispute

If your former partner is refusing to return your child from Western Australia, you may consider contacting the local authorities as a first step, especially if you believe your child is at risk. They may carry out a welfare check to ensure your child's safety. Additionally, consider initiating a mediation process to resolve the issue amicably, as it's often encouraged before resorting to court proceedings. Should the situation not improve, you might need to apply to the family court for a Child Arrangements Order to formalise custody and return arrangements. Consulting with a family law solicitor for tailored guidance on these steps can be beneficial.

To establish a formal custody arrangement in Western Australia, you can apply for a Child Arrangements Order through the Family Court. This order can determine who the child lives with, spends time with, or has contact with. It's advisable to attempt mediation first, as it is often required before court proceedings unless exceptions apply. If mediation is unsuccessful or inappropriate, you can complete a necessary form to start the court process. Legal representation isn't mandatory but can be beneficial. Consider any financial implications as legal aid is limited.

To ensure your child's welfare and safety, consider maintaining open communication with your former partner to understand the situation and express your concerns about your child's wellbeing. Involving a neutral third party, such as a family mediator, may facilitate discussions. It's crucial to keep a detailed record of all interactions, including dates and times. If you're worried about your child's immediate safety, you may contact local social services for guidance. Always prioritise your child's safety and emotional wellbeing in these discussions.

To support your case in a potential custody dispute, gather evidence such as text messages, emails, or any written communication showing previous agreements with your former partner regarding child arrangements. Document any instances of non-compliance with these agreements and keep a detailed record of related interactions. Obtain character references from individuals who can testify to your parenting abilities. Collect any relevant school or medical records to demonstrate your involvement in your child's life.

If your former partner is obstructing the return of your child and there are no existing custody arrangements, consider applying for an emergency Child Arrangements Order from the family court. This can compel your former partner to return the child. For immediate concerns about the child's safety, contact the local authorities to conduct a welfare check. Keep a detailed record of all communications and incidents, which can be crucial in court proceedings.