Can somebody please give me a run down of what is involved with Divorce in Western Australia (1 child invloved) no pre-nup. I will be filling against my husband. Im in the process of moving out and we have agreed verbally that im taking custody of our son and he will visit. (I will be getting this in writing) we want to keep as much as we can out of court but personally i want as much as possible in writing.
Also. Our son is homeschooled. Can that go in writing that he does not revoke permission for this and will it hold up?
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WA is the only state which isnt part of the federal court circuit. I do believe mediation is available though.
The homeschooling one you need a lawyer but understand this, Anything can be challenged.
http://www.familycourt.wa.gov.au/C/counselling_and_consultancy_service.a...
I've been dealing with family law since 1998. You can do it all amicably with the consultancy service they can help you put it on paper then file it with the court its an agreement so won't require a hearing. But without the stamp of the court even if in writing it is worthless.
If it is in writing and signed though he would need a good reason to challenge it?? Sorry, im new to all of this
Nothing is final when it comes to kids. Kids change, parents change there opinion, yes he will always be able to challenge it.
Signed on paper isnt in any way enforceable. If he took it to court it wouldn't mean anything at all. Go through the process and register any agreement with the court to do anything else is just going through the motions and only worth using as toilet paper.
And even THEN with it registered with the court he can still challenge it BUT if the agreement is registered with the court he ACTUALLY needs to make a case with evidence to have the situation deviate from what is agreed.
Anything when it comes to the kids is up for challenge at some point.