Parenting after separation
Relationships don’t always work out. Sometimes you will find that you and your spouse or partner go your separate ways after having children together. You still have the needs of your child to consider though.
If your child is under the age of 18 then you will need to consider how the separation will affect your parenting and what impact any decisions you make you have on your child. Your primary considerations are likely to be what impact any decisions will have on your child’s daily routine.
What is equal shared parental responsibility?
Subsection 61da of the Family Law Act states that the court must have regard for the presumption that it is in the best interests of the child for both parents to have equal shared parental responsibility.
The presumption of equal shared parental responsibility came into force after amendments to the Family Law Act in 2006. Equal responsibility and equal time are not the same thing. This means that your child could live with you only two weeks out of the year but you are still equally responsible for their welfare and making decisions that affect them.
When hearing a case, the Family Law Court will consider the best interest factors which are whether it will be of any benefit for the child for both parents to have meaningful involvement in the child’s life.
Both parties in Court proceedings will be given time to make statements about whether the child will suffer neglect or psychological harm if both parents are given equal shared parental responsibility.
If the Court determines that the child is likely to suffer abuse or neglect then recommendations will be made against the presumption of equal shared parental responsibility.
When hearing a case, the Family Law Court will consider the best interest factors which are whether it will be of any benefit for the child for both parents to have meaningful involvement in the child’s life.
Both parties in Court proceedings will be given time to make statements about whether the child will suffer neglect or psychological harm if both parents are given equal shared parental responsibility.
If the Court determines that the child is likely to suffer abuse or neglect then recommendations will be made against the presumption of equal shared parental responsibility.
When hearing a case, the Family Law Court will consider the best interest factors which are whether it will be of any benefit for the child for both parents to have meaningful involvement in the child’s life.
Both parties in Court proceedings will be given time to make statements about whether the child will suffer neglect or psychological harm if both parents are given equal shared parental responsibility.
If the Court determines that the child is likely to suffer abuse or neglect then recommendations will be made against the presumption of equal shared parental responsibility.
Best interests of the children
Australian family law always places the best interest of the children first. The Court considers it in your child’s best interests for them to have a relationship with you and the other parent until the child turns 18. After their 18th birthday they are free to make their own decisions.
The child’s best interests relate to long term issues (such as schooling, religious matters, living situations and health matters). The short term issues are things like what they should have in their lunch at school and what clothes they should wear.
Best interests of the children
Australian family law always places the best interest of the children first. The Court considers it in your child’s best interests for them to have a relationship with you and the other parent until the child turns 18. After their 18th birthday they are free to make their own decisions.
The child’s best interests relate to long term issues (such as schooling, religious matters, living situations and health matters). The short term issues are things like what they should have in their lunch at school and what clothes they should wear.
Best interests of the children
Australian family law always places the best interest of the children first. The Court considers it in your child’s best interests for them to have a relationship with you and the other parent until the child turns 18. After their 18th birthday they are free to make their own decisions.
The child’s best interests relate to long term issues (such as schooling, religious matters, living situations and health matters). The short term issues are things like what they should have in their lunch at school and what clothes they should wear.
When determining how to allocate parental responsibility the court will consider a number of facts including, but not limited to the following:
- the impact having a relationship with both parents will have on their life
- the need to protect the child from physical or psychological harm, for example, there could be a situation where if a child lives with a particular parent they may be harmed by a member of the parent’s family, in which case it may not be in their best interests to live with them or be in their presence while certain people are in their house
- the child’s opinions and the nature of relationship they have with the person’s family such as their grandparents or other relatives
- the impact of being separated from one of their parents
- whether the child has been subjected to domestic violence or assault previously
- the child’s daily routine for example, do they play sports or are they involved in other cultural pursuits outside of school?
Being a biological parent of a child does not give you automatic right to parental responsibility. Under section 65daa of the Family Law Act, the Court must consider the best interests of the child when making a Parenting Order and parents are not always given equal shared parental responsibility. Sometimes sole custody is awarded to one of the parents.
What happens if we can’t agree?
In some cases you will not agree with your former partner and you may be wondering, well what happens now? Family Relationships Australia’s website suggests attending mediation if you cannot reach a mutual agreement.
If the matter still isn’t resolved after mediation, you can ask a judge in the Family Law Court to make a decision for you. They will make a ruling based on the child’s best interests.
At what age does parental responsibility end?
Parental responsibility ends when your child turns 18 and does not automatically end when you separate or divorce unless a Parenting Order has been made by the Court.
Can parental responsibility be taken away from a father?
Parental responsibility can be taken away from a father if the Court makes an Order terminating shared parental responsibility. The Court will only do this in circumstances where they believe it is not in the child’s best interests to be in your care.
The most common scenarios where you could lose parental responsibility for your child is if you are found guilty of a violence offence or if they have reasonable reason to believe that you will cause your child emotional or physical harm if you retain parental responsibility.
In one scenario, a father lost parental responsibility for his sons because he had been convicted of sexually assaulting the son’s stepsisters. In another case, a father lost parental responsibility after he was convicted of a drug offence. The Court ruled that he was not committed to the welfare of his child.
Can A Mother Lose Parental Responsibility?
Mothers can also lose parental responsibility for their children if the Court has reasonable reason to doubt their ability to look after their child. For example, if you have been dependent on drugs or are mentally unstable and likely to pose a threat to your child then you could lose parental responsibility for your child.
The best interests of your child will always be considered by the Court.
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