Hi there. When a relationship between the parents of a child, or children, breaks down and they no longer live in the same home, there can be difficulty in knowing what the rights of the parents and the children are. The law says that both parents have parental responsibility for their children until they reach the age of 18 years. This means that both you and the father of your children have a say in the parenting arrangements. If you are unhappy with the current arrangements, you can negotiate a new parenting arrangement with the father without going to court. However, if you cannot reach an agreement, you may have to apply to court for a parenting order. A court will make a parenting order based on what is in the best interests of your son and daughter.

Whether you can restrict the father’s access to your children will depend on whether you can prove that his access is not in their best interests. In the eyes of the law, the living arrangement of either parent, whether it be shared housing, short-stay accommodation, or similar, is unlikely to heavily influence the terms of a parenting order. A court considers a wide range of factors in making its assessment, such as the people who will be involved in your children’s lives, any risk of harm to your children’s safety and, potentially, their own views on contact, depending on their age and maturity. If the court is satisfied that the children’s contact with their father, in the current circumstances, is not in their best interests, it may restrict access. However, it is also important to remember that in Western Australia, as well as other states in Australia, the current family laws emphasise the importance for parents to have shared parental responsibility.

Suggested way forward

Sorting out stable and ongoing parenting arrangements can be complicated, especially when the parties are not able to reach an agreement. You should consider speaking to a family lawyer who can help ensure that you get the best outcome for you and your children. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.