WA Can Husband Take Custody of Children Off Me?

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16 June 2015
I have recently cheated on my husband, and lied about so many things. He has stopped me from leaving the country with my kids, and now he wants to take them off me. I have had depression for many years, and I have struggled the last 2 years with my marriage and have done counselling to try help me through my marriage. I don't know what to do because I have been a stay at home mother. Can he take the custody of children off me under family law?


Well-Known Member
23 July 2014
It's impossible to predict an outcome in family law proceedings, but for general information, the court will make parenting orders based on what it determines to be in the best interests of the children. If the father sought sole parental responsibility or residency of the children, he would need to show why it's in their best interests that he live with him. Likewise, you would need to show why it's in their best interests to live with you. What the court considers when determining the child's best interests is listed under section 60CC of the Family Law Act 1975.

I hope this helps.