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Family Lawyers Perth | Divorce Lawyers | Family Law | Dimond Family Law

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Children's Issues & Parenting Orders in Perth.

Experienced Family Law Firm Based in Perth.

Our advice is designed to bring your matter to the best possible outcome in the shortest amount of time. 

About Dimond Family Lawyers

The leaders in Family Law matters in Perth.

Helping you achieve a successful plan.; settlement.; mediation.;outcome.

When going through a separation, it’s crucial to take into account the potential effects your living arrangements may have on your children. This includes deciding on who they will live with and how they will divide their time between parents. It’s important to prioritise the safety of your children, and if there are any risk factors such as family violence, it may not be safe for them to spend time with the other parent until those issues have been addressed.

We understand that disputes involving children and parenting arrangements can be emotionally charged and complex, and we work tirelessly to help our clients navigate the legal system with confidence and clarity. Whether you are seeking to resolve disputes over child custody, visitation, or support, our team can provide you with the legal support and advocacy you need.

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    Parenting Matters

    Our Legal Practice Director, Erryn Dimond, talks about aspects involving parenting matters.

    Children & Parenting Orders.

    When a couple decides to separate, it is crucial to consider the impact of the separation on their children. The decisions made during this process can have a significant impact on their emotional, psychological, and developmental well-being. Therefore, it is essential to approach the separation from a child-centered perspective.

    In our experience, parents are generally best placed to devise the most practical and efficient plans to care for their children. If it is possible for you and your partner/spouse to agree on the care arrangements for the children, we can assist you in the preparation of a structured Parenting Plan.

    A Parenting Plan is not an enforceable document but is a strong statement of the intention of the parties. A Parenting Plan can be used as evidence to support any future Family Court Application for parenting orders of a similar structure, if necessary. If it is possible to agree financial and children issues on a final basis, and you want an enforceable Family Court Order to ensure both parties adhere to what has been agreed, then it is still not necessary to go to Court.

    We can encapsulate the terms of your Parenting Plan in a Form 11 Application for Consent Orders which is filed with the Family Court and considered in Chambers (i.e., not in Court) by a Registrar. If your Application for Consent Orders is approved by the Family Court, then these terms become enforceable as part of a Family Court Order.

    If you cannot agree on the care arrangements for the children, defined pre-action procedures require parties to attend mediation before making application to the Family Court for assistance.

    Extraneous factors such as evidence of the existence of family violence can provide an exemption to parties having to attend mediation before commencing Family Court proceedings.

    For more information regarding mediation options and exemptions, please speak to our team.

    If mediation is unsuccessful, then you will be provided with a Section 60i certificate, which entitles you to make application to the Family Court for assistance in resolving issues in dispute.

    Our experienced professional team can advise you on the appropriate strategy for your specific circumstances as well as provide you with the most time and cost-effective approach.

    One important consideration when separating is the living arrangements for the children. This includes deciding where they will live and how they will spend time with each parent. It’s important for parents to ensure that the arrangements are consistent with the best interests of the children, whilst also providing stability and security.

    Keep in mind that divorce & separation can be a difficult time for children. Parents should strive to minimise the disruption to their children’s lives and ensure that they maintain meaningful relationships with both parents, as long as it is safe to do so.

    However, in some situations, it may not be safe for children to spend time with their other parent. This could be due to certain risk factors that need to be addressed before the children can have contact with the other parent. For example, if there is a history of family violence or other forms of abuse, children may be at risk if they spend time with the abusive parent.

    In such cases, the safety and well-being of the children must be the top priority. We recommend that parents speak to our experienced lawyers to ensure that appropriate protections are implemented to shield children from harm. Alternatively, we can help parents to work together & develop a plan to address the risk factors and ensure that their children can safely spend time with both parents.

    If you would like more advice on what you need to achieve a pain-free and amicable separation please call us for a free 15-minute consultation or send an enquiry using our online form. 

    Why Choose Dimond Family Lawyers?

    Parents who are going through a divorce or separation often face complex legal issues related to their children. These issues can include parenting arrangements, child support, and custody agreements. Dimond Family Lawyers can provide expert legal advice and representation to parents who need help with children’s issues and parenting orders.

    One of the key reasons why parents should book an appointment with us is our extensive experience in handling family law matters. Our Perth lawyers have a deep understanding of the legal complexities of family law and the emotional toll that these issues can take on parents and children alike. We work closely with our clients to ensure that they understand their legal rights and options, and we strive to find the best possible outcomes for our clients.

    Another reason to work with Dimond Family Lawyers is our commitment to providing a personalised service. We understand that every family is unique, and we take the time to get to know our clients and understand their specific needs and concerns. This personalised approach allows us to develop tailored solutions that meet the needs of each individual.

    Our team is known for our compassion and empathy. We understand that family law matters can be emotional and difficult for everyone involved, and we work hard to provide our clients with the support and guidance they need throughout the process.

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    Frequently Asked Questions.

    A parenting order is a legal document issued by the Family Court of Western Australia that sets out the arrangements for the care and welfare of children after separation or divorce. The order may cover issues such as living arrangements, visitation, communication, and decision-making responsibilities.

    When making a parenting order, the Family Court will consider factors such as the child’s relationship with each parent, the need to protect the child from an unacceptable risk of harm, the practicality of each party’s proposed living arrangements, and the child’s emotional, social and developmental needs.

    The Family Court of Western Australia is responsible for making decisions about parenting orders in Perth. The court will consider the best interests of the child when making these decisions and may require both parents to attend mediation before a decision is made.

    Grandparents in Perth, Western Australia may be able to get visitation rights, but this will depend on the specific circumstances of the case. If a grandparent has an existing relationship with the child and it is deemed to be in the child’s best interests to continue that relationship, the court may grant visitation rights.

    Yes, a parenting order can be changed in Perth, Western Australia. If there is a final parenting order in force, and parents can reach agreement on a subsequent parenting plan, the terms of which will be considered enforceable as if it were an order.

    If it is not possible to secure agreement upon changes to a parenting plan, then parents must first attend mediation and then if necessary, make application to the Family Court.
    If there is already a final order in force, and a subsequent application is made to the Family Court for further orders, the applicant must establish that there has been a significant change in circumstances that has occurred since the final order was made.

    Supervised visitation in Perth, Western Australia is when a parent is only allowed to spend time with their child under the supervision of a third party. This may be necessary if there are concerns about the safety or welfare of the child during unsupervised visits.

    If a parenting order is not being followed in Perth, Western Australia, you can apply to the court for enforcement. The court may issue a warrant for the child’s return, impose penalties on the non-compliant parent, or make changes to the parenting order to ensure it is followed.

    A parent in Perth, Western Australia can only relocate with a child if they have the permission of the other parent or if the court grants permission. The court will consider the best interests of the child when making this decision and may require both parents to attend mediation before a decision is made.

    Call us on (08) 9443 1111