In family law proceedings in Australia, the court's primary concern is the best interests of the children involved.
Parental responsibility refers to the legal rights, duties, and responsibilities that parents have for their children. Under the Family Law Act, both parents have equal shared parental responsibility for their children, unless/until the court orders otherwise. This means that both parents hold decision making power about major long-term issues such as education, health care, and religious or cultural upbringing jointly.
The Family Law Act 1975 sets out a framework for assessing the children's best interests, which includes the following factors:
The benefit of having a meaningful relationship with both parents
The court recognises the importance of children maintaining a meaningful relationship with both parents, unless there are safety concerns or other reasons why this is not in the child's best interests.
The need to protect children from harm
The court will consider any risks to the child's safety, health, or well-being, including exposure to family violence, substance abuse, or other forms of harm (such as neglect or psychological harm for example). Protecting the children from harm takes precedence over the importance of maintaining a meaningful relationship betweeen parent and child.
The child's views and wishes
The court will take into account the child's views and wishes, if they are able to express them and if it is appropriate to do so given their age and maturity. The weight given to the views of each child increases as the child matures. In older adolescent children particularly, the wishes of the child can be of immence significance and if the views are very strongly held then this can sometimes be the determining factor.
The child's relationships with others
The court will consider the child's relationships with other significant people in their lives, such as siblings, grandparents, and extended family members.
The child's cultural and religious background
The court will take into account the child's cultural and religious background, and the importance of maintaining these connections.
The practical considerations
The court will also consider practical issues such as the child's living arrangements, schooling, and health care needs. The distance between the home of each parent, and the difficulty of changing between those homes can be important. This also applies to the distance from each parent's home to the school of the children.
The court's assessment of the children's best interests is a complex and nuanced process, and it requires a careful consideration of all the relevant factors. The court will aim to make orders that are in the best interests of the child, and that promote their safety, welfare, and development.
Parental responsibility is an important aspect of family law in Australia, as it recognises the shared responsibility that parents have for the care and upbringing of their children. By working together and developing a parenting plan, parents can help ensure that their children's needs are met and that they are able to maintain positive relationships with both parents. Even after separation or divorce, parents retain their parental responsibility unless a court orders otherwise. This means that they must continue to make decisions about their children's long-term care, welfare, and development. If parents cannot agree on parenting arrangements, they may need to seek court orders. The court will consider the children's best interests, and may make orders for shared parental responsibility, sole parental responsibility, or a combination of both.
Bainbridge Legal Family Lawyers in Blacktown employs barristers and solicitors with expertise in family law cases. Call us today to book your free appointment.
