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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2937
Experience:  associate attorney
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When 2 parents aged 16 and 17 had a child but only lived together

Customer Question

When 2 parents aged 16 and 17 had a child but only lived together 1 month than the child was born and the mother and the child lived with the grandmother who was the 16 old girls mother but than 9 months after child was born the child spent 1 week with the father at his parents house and 1 week with the mother at her parents house now the mother and child moved to there own place can the mother keep her child permenently or does she have to let the childs father still have her a week about there is no legal paperwork and it has never been to court and the child has never been in the foster care system.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Can my daughter get a restraining order taken out on her childs father so he carnt come anywhere near her house or her family.
Expert:  Christopher B, Esq. replied 11 months ago.
In 2006, the country’s Family Law was amended to include a clause on shared parental responsibility. This emphasises the rights and interests of the children, and not the ones trying to gain custody. This also emphasized the importance of shared parenting, wherein both parents are expected to be involved with the life and growth of the child, and to protect the child from harm. Controversially, it also assumes that both parents have equal shared parental responsibility. Because of this focus on the child’s welfare, there are no specified rights of the parents. This means that in theory, the custody procedures for unmarried couples are the same for everyone else. There are usually two hearings: interim and final. Interim hearings involve reading affidavits, or sworn statements, and submissions specifying issues and action steps. These focus on protecting the children. Final hearings, on the other hand, can be tough for battles on custody for unmarried couples. The final hearing can occur more than a year after application. Witnesses are called onto court to be cross-examined, including psychologists or psychiatrists who have talked with and observed the child in the middle of the custody for unmarried couples. Regardless of when the child custody for unmarried couples is finalized, this shall take effect on the child’s 18th birthday or upon the discretion of the family court. Parental responsibilities include making major decisions affecting the child, such as their education and health, often coming up with joint decisions. However, this can be overruled by cases of child abuse and family violence. Couples, whether unmarried or married, have to negotiate for the custody a schedule for significant time spent with the children but still practical for the unmarried couple, considering their other commitments. While the amended Family Act contradicts the traditional view that mothers win child custody in unmarried couples, research has shown that from the amendment’s implementation to 2010, only 15% of fathers have been given shared parenting rights. Unmarried fathers usually have the burden to establish their fatherhood. This can be addressed by providing proof of the father’s involvement in the child’s life and paternity tests. Child support can be negotiated in court, and can be lowered in certain circumstances, such as income of the unmarried couple upon custody of the child. You can consult the Family Court of Australia, the Federal Magistrates Court, and the Family Court of Western Australia handle cases related to family law, especially child custody of unmarried couples. It is VERY unlikely that the unmarried father will get custody of the child but he does have rights and visitation if his paternity can be proven is also likely. You can apply to have a restraining order taken out against someone who is violent to you, threatens you or your property, harasses or intimidates you and you are concerned that it will continue.There are two types of restraining orders:(1) violence restraining order; and http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_38.pdf(2) misconduct restraining order. http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_39.pdf A restraining order is not possible if there is no conduct to allow for one. Simply wanting custody of the child is not cause of a restraining order. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 11 months ago.
Did you have any further questions? If not, could you please positively rate my answer? This extra step does not cost you anything extra and only allows me to be compensated by the site for the time spent answering your question. I would really appreciate the extra step on your part and I hope you are satisfied by my response. Thank you in advance.

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