Family Law

At Affinitas Legal, we understand that your child’s best interests are paramount following divorce or separation.

As a parent, your child’s best interests come first. However, agreeing on child custody arrangements during an already difficult time can be highly emotional and complex.

Affinitas Legal is a Family Law Firm in Perth, WA. To ensure the fairest, safest and most suitable outcome for your loved ones, our child custody lawyers can guide you through the entire process with tailored and professional legal support.

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Family Law services for all child custody matters

Our accredited family lawyers can help you create child custody arrangements that will protect your child’s best interests following a family breakdown. We assist with a wide range of Family Law issues, including complex parenting matters.

Whether you are striving for shared or sole custody, we will support you in reaching a negotiated settlement that respects all parties and any Court-ordered childcare arrangements.

If you are unable to reach an agreement outside of Court, our child custody lawyers have the experience to provide robust legal representation in all Family Law matters. As your legal team, we are fully committed to achieving the optimal arrangement for you and your child.

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Determining child custody in WA

The Family Law Act details which considerations the Family Court must take into account when determining child custody arrangements within Western Australia.

If parents cannot reach an agreement on their own, court intervention may be necessary. In such cases, the court may issue a court order to determine the child’s living arrangements and other aspects of custody.

The considerations are as follows:

  • The need to safeguard the child from physical or psychological harm, including exposure to abuse, neglect, or family violence. When deciding on custody arrangements, courts place considerable importance on any evidence or potential risk of child abuse.
  • The advantage to the child of having a positive relationship with both parents.
  • The child’s perspective and factors that might influence these views, such as their maturity and degree of understanding.
  • The relationship of the child with each parent and other people.
  • The readiness and capability of each parent to promote and support a strong, caring bond between the child and both parents.
  • The effect of any change of circumstances on the child being separated from a parent or person with whom the child has been living.
  • The practicalities and associated costs of a child spending time with and communicating with each parent.
  • Each parent’s ability to provide for the child’s needs.
  • The child’s and parents’ maturity, sex, lifestyle and background.
  • Each parent’s attitude to the child and their parental responsibilities, including significant decisions such as schooling and religious upbringing.
  • The right of an Aboriginal and Torres Strait Islander child to enjoy their culture and the effect a proposed parenting order may have on that right.
  • Any family violence involving the child or their family member.
  • Any family violence order that applies to the child or a member of their family
  • Whether it would be preferable to make the order that would be least likely to lead to further court applications and hearings about the child.

Without a full understanding of child custody laws, it’s normal for this process to feel overwhelming. Our child custody lawyers promise to provide you with clear explanations, genuine guidance and expert advice so that you remain fully informed every step of the way.

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What to expect from our child custody lawyers

When you engage an experienced child custody lawyer to assist with your family law matter, you can expect comprehensive support throughout every stage of the legal process.

Our compassionate lawyers will take the time to understand your unique circumstances and explain your rights and responsibilities as a parent under Australian family law. Our focus is always the best interests of the child, ensuring that any proposed parenting plan or arrangement supports your child’s wellbeing and safety.

Your family lawyer will help you develop a tailored parenting plan, negotiate with your former partner, and, if necessary, represent you in family court proceedings. We will guide you through every step, from initial consultation to final orders, and provide clear advice on what to expect throughout.

Ultimately, our goal is to achieve a fair and practical outcome that allows your child to maintain a meaningful relationship with both parents, wherever possible.

Binding Child Support Agreements

In Australia, both parents must provide financial support for their child until he or she has reached the age of 18 or completed full-time education, whichever comes last. These payments are often a source of concern, confusion and conflict between separated parents.

While the Child Support Agency uses an assessment formula to calculate the amount payable, parents may instead choose to enter into a private agreement without official intervention. If you do not have a Binding Child Support Agreement (BCSA) in place, your private arrangement will not be legally enforceable.

Our dedicated family lawyers are available to assist you with child support matters, such as entering into a BCSA, including negotiations and enforcement, to ensure you are paying and receiving the correct amount. Together, we will safeguard your child’s financial security.

Frequently asked questions

How do I prepare for a child custody case, and how can a family lawyer help?

Preparation is key when facing a child custody case. Start by familiarising yourself with the Family Law Act and how it applies to your situation, as this legislation forms the foundation for all parenting arrangements in Australia.

Gather all relevant documents, such as financial records, medical information, and any existing parenting arrangements or court orders. These materials will help your family lawyer build a strong case on your behalf.

Before making any major decisions, it’s a good idea to speak with a family lawyer. We can help you understand your options, including whether family dispute resolution is appropriate for your situation. This process can support both parties in reaching a parenting agreement without going to court.

If an agreement can’t be reached, your lawyer will guide you through the court process and help you prioritise what’s best for your child. Be prepared to discuss your parenting style, your relationship with your child, and any concerns you may have about the other parent.

By being organised and proactive, you can approach your child custody matters with confidence and increase your chances of achieving a positive outcome.

What if we cannot reach an agreement on child custody arrangements?

If you cannot agree on child custody matters, you have several options, including mediation and applying to the Court to make parenting orders.

If an agreement is reached after you attend mediation, it can be formalised through a consent order, which is a legally enforceable document approved by the court.

Understanding which route is most appropriate for your distinct parenting matters requires advice from an experienced family lawyer. Contact Affinitas Legal for tailored Family Law services.

What happens if a parent breaks a child custody agreement?

The Family Court can penalise a parent for breaking a parenting order if another person lodges an application claiming that the parent has failed to abide by its terms and conditions.

Depending on the gravity and circumstances of the contravention, penalties can include:

  • Alterations to the primary order
  • Parenting program attendance
  • Community service participation
  • Compensation for time lost with the child and other relevant expenses
  • Payment of the other party’s legal fees, as the court may order the parent at fault to cover the legal costs incurred by the other party
  • Fine payment
  • Prison sentencing

It’s important to note that an informal child custody agreement is not legally enforceable. Therefore, if you experience a period of disharmony or conflict, either or both parents may act against the agreement’s terms. To avoid this risk, you will need to put binding child custody arrangements in place.

Does shared parental or decision-making responsibility mean equal time spent with our child?

No, shared parental or decision-making responsibility does not mean your child will spend equal time with each parent.

While both parents usually continue to share responsibility for making major decisions about their child’s upbringing, such as choices about schooling, healthcare, or religious practices, this is separate from how much time the child spends with each parent.

The Family Law Act 1975 no longer assumes that both parents should automatically share parental responsibility equally. Instead, the court will look at the individual circumstances of each family and focus on what’s in the best interests of the child. This includes ensuring the child is safe and has stable, supportive relationships.

Equal time arrangements may still be considered, but only where they are practical and beneficial for the child, not just because both family members share parental responsibility.

What are common mistakes to avoid in a child custody case?

One of the most common mistakes is failing to seek advice from an experienced family lawyer. Without professional guidance, you may not fully understand your rights, the legal process, or the implications of your decisions. Another pitfall is arriving at court unprepared, which can undermine your credibility and weaken your case.

It’s also important to avoid using your child as leverage in parenting disputes with your former partner, as this can harm your child’s emotional well-being and your relationship with them.

Moreover, failing to comply with existing parenting orders or consent orders can result in serious legal consequences, including penalties or changes to your parenting arrangements.

By working closely with a qualified custody lawyer and staying focused on the best interests of your child, you can avoid these common mistakes and give your case the best possible chance of success.

What are the advantages and disadvantages of a BCSA?

Advantages of a BCSA

  • With an assessment for periodic child support in place, income fluctuations, adjustments to childcare arrangements, and any additional children will be taken into account.
  • As the terms of a BCSA are legally enforceable, it provides certainty regarding the future financial support for your child.
  • You can document agreements on non-periodic payments that are not always accounted for by the CSA, including extracurricular activity expenses, private school fees and private health insurance.
  • You have the flexibility to cover as many variables as you wish in a BCSA, such as what will happen if one parent becomes unemployed.

Disadvantages of a BCSA

  • BCSAs are difficult to set aside, even when both parents wish to do so.
  • If you have not set a periodic amount of child support payments, this may fluctuate according to changes in the assessment.

What are the requirements of a BCSA?

Several conditions must be met to ensure your BCSA is valid:

  • Both parents must obtain independent legal advice before agreeing on a specified amount of child support payments
  • Once the terms of the agreement are finalised, they must be documented in writing and signed by both parents
  • This document must include:
    • A statement that both parents have received independent legal advice
    • An annexure for each parent, which is signed by the professional who solicited this legal advice
    • Finally, to receive child support under a Binding Child Support Agreement, the parent must be responsible for at least 35% of the childcare

How much does a child custody lawyer cost?

The cost of hiring a child custody lawyer varies depending on the complexity of your case, the experience of your lawyer, and the services required.

Therefore, it’s important to discuss fees and payment structures with your lawyer upfront, so you have a clear understanding of the costs involved.

Investing in an experienced lawyer can be invaluable in protecting your rights and the best interests of your child. By seeking professional advice early, you can make informed decisions regarding your child custody matter.

Contact our Family Law team for tailored legal solutions today.

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