Parenting Disputes
Parenting Orders
When parents separate or do not live together, one of the most important issues that they need to resolve relates to the importance of continuing a relationship between the children or child and the parent who they do not live with on a permanent basis.
The importance of this is highlighted in the Family Law Act 1975 which relates to the rights and interests of all children in Australia. The Act sets out that its object is to ensure that children have the benefit of a meaningful relationship with both of their parents to the maximum extent that is in their best interests and to enable them to "achieve their full potential". The Act also emphasises that there is a need to protect children from any physical or psychological harm from being subjected or exposed to abuse, neglect or family violence.
The Family Law Act also sets out that the principles underlying this objective are, unless it would be contrary to a child's best interests, that:
- Children have the right to know and be cared for by both their parents.
- Children have a right to spend time on a regular basis and communicate on a regular basis with both parents.
- That parents jointly share duties and responsibilities concerning the care, welfare and development of their children.
- That parents should agree about the parenting of their children
- That children have a right to enjoy their culture.
For more information regarding the Family Law Act and how it applies to children and parenting arrangements, see the attached link to the article titled Parenting Orders.
If parents can agree about the parenting of their children, who their children should live with and the time that their children should spend with the other parent, then they may formalise that agreement in several ways through the Family Court.
If, unfortunately, parents cannot agree about the parenting of their children, then an Application can be made to the Local Court, the Federal Magistrates Court or the Family Court for its assistance in resolving disputes. Through the Court process, parents will be encouraged to reach their own agreement about the children, however, ultimately if parents are unable to agree, the Court can make Parenting Orders about a child or children. What is now referred to as a "live with" Order is a Parenting Order.
Whenever the Court makes any Orders about children, the most important consideration is what would be in the best interest of the child.
In order to determine what the best interests of a child are, the Court must, under Section 60CC(2) of the Family Law Act, consider the following:
- The benefit to a child of having a meaningful relationship with both of the child's parents.
- The need to protect the child from physical or psychological harm from being subject or exposed to abuse, neglect or family violence.
Children of a certain age and/or maturity may also be considered by the Court to have the capacity to express a view that should be considered when the Court comes to make an Order with regard to their care.
Tom Reeve is the Partner in charge of our Family Law Department at our Liverpool office . Should you need to contact Tom or one of our other Family Law lawyers at the Liverpool office, please email treeve@marsdens.net.au
Nevine Youssef is the Partner in charge of our Family Law Department at our Campbelltown office. Should you need to contact Nevine or any other of our Family Law lawyers at the Campbelltown office, please email nyoussef@marsdens.net.au
