Case Study: Organising for a father to spend more time with his child

Father wanted to spend more time with his child
We helped our client establish a case for more time with his daughter after his ex moved interstate with their child.

Client Story

Our client’s former partner absconded with their child from NSW to WA after separation to be closer to her family. 

Proceedings were commenced in the Family Court of WA to determine whether the mother would have to return the child to NSW and/or what parenting arrangements would be in place going forward.

Issues

A. Whether the mother’s countless claims of family violence committed by the father could be established.

B. Whether the mother’s case for the child to spend no time with the father unless he and/or his family travelled to WA to spend time with her was in the child’s best interests.

What We Did

1. We conducted the proceedings from the other side of the country over three years by telephone and virtual court platforms.

2. For trial, Michael travelled to Perth with the client to appear in person as trial advocate before the Family Court of WA.

The Outcome

The mother’s claims of family violence were ultimately withdrawn under the weight of evidence we provided.

We obtained interim orders early in the proceedings for the child to spend time with the father and his family both in NSW and WA and for regular video communication, ensuring that the child maintained a meaningful relationship with her father and paternal family.

During the trial in Perth, agreement was reached to settle the matter on terms that provided for a significant increase, in a staged manner, of the time that the child spends with her father and family, particularly in NSW. 

On that basis, our client did not press for the relocation order as he considered it to be in the child’s best interests to continue her close relationship with the maternal family in WA.

For all your family law concerns, please contact Ryan & Seton Lawyers – our friendly team will be happy to advise you, or take on as much of the process as you need to make it a little less stressful for you.

Related links:

The Federal Circuit and Family Court of Australia

How the Family Court merger affects Aussie families

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