Children and Parenting

Our Family Law team in Perth can advise you on which parenting arrangement might be best for your child or children upon separation.
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Children and Parenting

Lavan’s family law lawyers will assist with negotiation in relation to children's arrangements, both with respect to who a child will live with and time spent with the other parent; and specific issues such as parental responsibility, education and medical matters.  

It is necessary for arrangements to be made in relation to the children of a relationship following separation. 

Our Family Law team in Perth can advise you on which parenting arrangement might be best for your child or children upon separation.

Lavan’s Family Lawyers can assist with deciding arrangements including:

  • where the child lives.
  • who the child lives with.
  • who the child spends time with, and for how long.
  • travel arrangements, including interstate and overseas travel.
  • the child's educational arrangements.
  • special occasions such as Christmas, Easter and birthdays.
  • specific issues such as medical treatment.

Parties can often reach agreement in relation to children's arrangements following advice from a solicitor, mediation, counselling or Family Dispute Resolution.  In the event that no agreement is reached, a party may commence proceedings in the Family Court seeking appropriate orders.  Lavan will represent parties in the Family Court seeking an appropriate, timely and cost-effective outcome.

The Family Law Act (1975) allows for any person who has an interest in the care, welfare and development of a child to make an application about that child.  This means that under the Family Law Act persons who are not the parents may apply to the Family Court for Orders, including grandparents.

Under the Family Law Act, the Family Court can make Orders which it considers to be in the best interests of the children, despite the apparent conflict with the wishes or the interests of either of the parents or children.  The Family Court’s Order deals only with when a child lives with a parent, or spends time with a parent.  It does not affect other responsibilities that parents have in making decisions about children including medical, dental and educational matters.

The laws of the Family Court state that the welfare of the child is of paramount importance.  If both parties cannot agree, a Judge of the Family Court will make a decision after considering all the relevant factors.  In some cases the Family Court can require that the children be separately represented by their own solicitor.

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