Mary Basta
Head of Family Law
We understand the emotional weight of discussions related to children, and as seasoned family lawyers, we bring expertise and empathy to guide you through complexity, with clarity.
Navigating through the process of making joint decisions about children after parents have separated and living apart, especially under less-than-ideal circumstances, can be challenging.
Both the Family Law Act 1975 (governing marriages) and the Family Court Act 1997 (pertaining to de facto relationships) outline the rights and responsibilities of parents and caregivers concerning the care, welfare, and development of their children.
Two fundamental principles underpin parenting matters in the WA Family Court:
- Children have a right to a meaningful relationship with their parents; and
- Children must be cared for and protected from any form of harm; a right that overrides any other, with protection and safety paramount.
In all parenting matters, the child’s best interests are of utmost importance. This includes safeguarding the child from any form of family violence, abuse, or neglect.
Other considerations in determining the child’s best interests encompass the child’s relationship with each parent, any views expressed by the child, their level of maturity and understanding, their specific needs, and practicalities of the proposed arrangements (e.g. distance and communication style between the parents).
We can assist you irrespective of the stage in the proceedings. Our team can navigate you through the family dispute resolution process (compulsory in most cases, with some exceptions) and prepare the appropriate documentation (via a parenting plan or parenting order) to formalise any agreement reached, ensuring it is best for your circumstances.
We can also provide competent and robust representation in the Family Court of Western Australia for all disputes that may arise in parenting matters, including recovery or relocation of children, if needed.
Please contact our team by calling us on 08 9488 1300 or by emailing us via info@culshawmiller.com.au to enquire how we can assist you in all matters of child support and custody.
