Family Law Injunctions: Managing Who Looks After Your Child

In divorce and separation, ex-partners will likely meet new partners or significant others. The more important and integrated this person becomes in the ex-spouses’ life, the more access they may have to your children. Parents may want to exercise control over who is looking after their children, especially in cases of re-partnering when the child may be spending long periods of time with a new adult.

New partners may be raising the child as well so it’s important that they are trusted individuals but what if they aren’t? There is actually legal action you can take to ensure that certain people don’t have unlimited access to your child. Utilising the services of a professional like Shannon Bodeker will allow you to pursue this legal action and keep your child safe if necessary.

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What is a Family Law Injunction

In cases of divorce, a family law injunction can be made under the Family Law Act. This act affords the Family Court of Western Australia the power to grant injunctions if deemed necessary or appropriate.

Family Law Injunctions are a serious matter and cannot be applied to situations wherein a parent simply doesn’t like their ex-spouse’s new partner. The courts will focus on the best interest of the child and will continue to promote meaningful relationships between the child and both parents, as well as new partners and extended family. However, there are situations in which a family law injunction may be imposed to ensure a particular adult has limited or no access to the child. For instance, where the child is at risk of harm.

Getting a Family Law Injunction 

A history of violent charges or convictions as well as substance abuse problems are typically things that are brought into question during a family law injunction, as well as any history or documentation of abuse. Injunctions are drafted to suit the individual circumstances and should not be more restrictive than is necessary to protect the party seeking the child’s best interests.

Ultimately, there are many reasons one might need to be granted a family law injunction. If you have concerns about your ex-spouse and their new partner or about your child’s general wellbeing during a divorce when they aren’t in your care contact us for more information on how a divorce lawyer can help. Give us a call today on (08) 9323 7711 for any enquiries.

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