Children

Do you need advice from a FAMILY, DIVORCE LAWYER IN PERTH regarding children issues either before or after separation from your former partner? Or May be you are a grandparent, requiring advice from FAMILY LAWYERS, PERTH.

In Australia, Proceedings relating to children are issued under Part VII of the Family Law Act 1975 (Cth)

Who can commence proceedings for children in Australia:

FAMILY LAW ACT 1975 – SECT 69E

Child or parent to be present in Australia etc.

(1)  Proceedings may be instituted under this Act in relation to a child only if:

(a)  the child is present in Australia on the relevant day (as defined in subsection   (2)); or

(b)  the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day; or

(c)  a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or

(d)  a party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or

(e)  it would be in accordance with a treaty or arrangement in force between Australia and an overseas jurisdiction, or the common law rules of private international law, for the court to exercise jurisdiction in the proceedings.

“relevant day” , in relation to proceedings, means:

(a)  if the application instituting the proceedings is filed in a court–the day on which the application is filed; or

(b)  in any other case–the day on which the application instituting the proceedings is made.

Note:  Division   4 of Part   XIIIAA (International protection of children) has effect despite this section.

In WA, the Family Court of WA is the court that deals with children’s issue.

If you need legal advice about the children’s issues from a FAMILY LAWYER, PERTH, please contact our office to speak with an experienced FAMILY LAWYER, PERTH.

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