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CHILD RESIDENCE
CHILD RESIDENCE & CONTACT
Divorce can be a very distressing process not just for the parties involved
but also for close family members. It is important to comfort your children
through the process and make sure they understand what is going on and that it
is not their fault. It is most important to keep the interests of the children
in mind and ensure that they suffer as little as possible both during the
divorce and in whatever arrangements are made for them subsequently.
Once you have separated from your spouse or partner, it is important to make
suitable living arrangements for the children and ensure that both parents have
contact with them.
The Family Law Act sets out the following principles: unless it would be
contrary to a child’s best interests:
- children have the right to know and be cared for by both
their parents regardless of whether their parents are married, separated, have
never married or have never lived together;
- children have a right of contact on a regular basis with
both their parents and with other people significant to their care, welfare
and development;
- parents share duties and responsibilities concerning the
care, welfare and development of their children; and
- parents should agree about the future parenting of their
children. Parents are encouraged to agree on matters concerning their children
rather than seeking an order of the court.
If you and your partner can agree about the parenting of the children, who
they should live with and the contact they should have with the other parent,
then you may wish formalise that agreement through the Family Court. There is no
obligation to do so.
If parents cannot agree about the parenting of their children, then an
application can be made to the Family Court for its assistance in resolving
disputes. Through the court process, the Family Court will encourage parents to
reach their own agreement about the children but ultimately, if parents are
unable to agree, the Family Court can make parenting orders about a child. A
child residence order is a parenting order.
Whenever the court makes any orders about children, the most important
consideration is what is in the best interests of the child.
FURTHER INFORMATION
This Information Outline is provided courtesy of Dwyer Durack Barristers
& Solicitors who are experienced in this area of law. They are located
at Dwyer Durack House, 40 St. Georges Terrace, Perth, WA 6000 or call
them on (08) 9325-9277 if you would like more information on this legal
topic, or you wish to obtain formal advice regarding your situation.
Established in 1914, Dwyer Durack is one of Western Australia's most
respected and progressive law firms. It is the leading legal firm in Western
Australia for the provision of a comprehensive service in the private client
areas of personal injuries, family law, employment law, criminal law, consumer
law and wills and estates. The firm comprises 13 Partners and a total compliment
of 120 personnel. Dwyer Durack is a member of the Australia-wide PeopleLaw
group.
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