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WA How will Family Law Court Determine Custody of Children?

Discussion in 'Family Law Forum' started by Leztayz, 18 August 2016.

  1. Leztayz

    Leztayz Member

    18 August 2016
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    How does the Family Law Court Judge Determine the "share of care" time amount or custody of children between parents who both present as "financially secure, Non-Violent, well adjusted, and doting parents?

    Facts to consider:

    1. Father has worked away for just over a year 26 on 9 off. The contract is ending in October, (however is not making any reasonable effort to obtain employment once he returns, stating he's decided he wants and will be Granted 50% shared care of the 3 1/2-year-old boy and also by the beginning of the new year 50% shared care of the daughter aged 11 months. He lives in the marital home, which is currently on the market.

    He takes the 3 1/2-year-old for an extended time. When the baby was born (September 2015) for nearly 4 weeks, the 3 1/2 child returns with a serious change in attitude, manners, sleeping habits and is unruly.

    The baby has spent a day and up to one-night overnight in her father's care. Now the baby is minimally breastfed, and takes a bottle and solid foods, is crawling, nearly walking. The father demands "more time" and is threatening he will gain 50% shared care, to which he states he is entitled by law, so he expects his time with both children be increased accordingly.

    He is provided with all the baby's needs A can of "Formula" with a pre-measured 4 container (which he neglects to return) all clothing, nappies, disposable nappy bags, wipes, nappy rash cream, bibs, etc.

    He calls the 3 1/2-year-old every day from work (sometimes ringing and ringing with no consideration for the fact that the child may be "in the bath" at his gym class, engaged in active face-to-face communication with other family members). He berates the mother for not answering his "calls" with due diligence.

    2. The Mother works on a 2 days on 3 days off, 3 days on 2 days off roster, including weekends. She has primary care of both children, with both Grandparents and her siblings for care as daycare fees are excessive. She rents property closer to her place of employment and has actively researched the education.

    The children have "routines" - "sleep times", play times, meal times, bath times, family times, outings at play centers, playgrounds, etc. They are both "positively reminded of their father", and shared willingly on the "Rostered" days their father is present.

    There's more info, however, my questions are as follows:

    If my son-in-law does not obtain gainful employment which could force the bank reclaim of the marital home, is he going to be rewarded with 50 % shared care of the 2 children and be eligible to claim Gov't pension payments, crippling the income of my daughter, who for 5 years of his time studying, fully financially supported him whilst he cared for the oldest from 6 months onwards.

    She frequently broke up her work day to come home and to find him asleep whilst caring for the baby who was "found to be crying" more often than not. This prompted "other care arrangements" with his mother.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    So lots of what you've written are not facts. The fact is dad wants more time with the kids and mum isn't facilitating it. Stuff like, he calls with no consideration of what the kids might be doing is kind of silly. How is he meant to know what the kids are doing if he doesn't call up and ask?

    So in my experience, my ex used to love not answering the phone. It became routine for her to call me back after the kids bedtime to tell me they were asleep... So sorry, a bit cynical of some of your comments.

    How will a court decide? Well, based on best interest of the kids. Now the family law act states that a magistrate must at least 'consider' 50/50 care where practical. But with a very young kid, they tend to go more for one primary carer and one secondary carer.

    With respect - your comments about your son-in-law reflect someone who is emotionally involved and as such, you might be somewhat bias towards your own daughter.

    I would suggest your daughter agree to mediation with the intention of discussing all issues and coming up with solutions like having a specific time for phone calls and then she make sure the kid is ready and available at those times.

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