Breastfeeding and Custody – Perth Family Law

In a 2015 family law case a mother who recently obtained a tattoo was restrained (stopped) from breastfeeding her 11 month old son.

A concern as to the risk of HIV and hepatitis through breastfeeding was raised.

Those orders were set aside by the Full Court.

Breastfeeding is often raised in parenting (custody ) cases in family law.

This is frequently because a breastfed baby is less easily removed from the primary carer for periods when breastfeeding usually occurs such as overnight.

There are many factors involved in the custody of breastfeeding infants including the frequency and duration of time that the baby should be removed from theĀ  primary care giver, whether and when overnight time should occur and the importance of the primary attachment figure and of forming an attachment with the secondary attachment (usually the father)


This is not family law advice

It is important to seek specific family law advice from a very experienced family lawyer with an extensive background in children and family law.


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