Breastfeeding and Custody in 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.

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

Those orders were set aside by the Full Court.

Breastfeeding can be raised in parenting (custody ) cases in family law.

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

child custody lawThere can be many factors involved in the custody of breastfeeding infants or spending time with infants. This can include the frequency and duration of time that the baby should be removed from the primary caregiver, whether and when overnight time should occur and the importance of the primary attachment figure and of forming an attachment with the secondary attachment (which can be 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. A long-established and boutique Perth Family Law firm is likely to best suit your needs.

Email us at to inquire about our complimentary pre-read and reduced rate first appointment with our Legal Practitioner Director Shannon Bodeker who has over 20 years of experience practising almost exclusively in family law in Perth, throughout Australia and internationally. Our international work includes child relocation and child abduction matters.

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