Separating or divorcing from a former partner or spouse is often a difficult time for both sides. It can be even more difficult if you share property or have a child together. The process can become much more complicated, and you must consider how responsibility for any children will be shared by the two parties. Before making an Order, the Court has a duty of care to ensure that a child's well-being and safety are protected.
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What is the definition of parental responsibility?
The Family Law Act of 1975 refers to parental responsibility. Parental responsibility refers to the legal powers, responsibilities, and authority that a parent has over a child. All of the responsibilities may be assigned to one parent, or a parenting order may be issued, granting both of the child's parents joint responsibility for the child. Before issuing a Parenting Order to determine where the child will live, the Court will consider all of the circumstances surrounding the separation. This includes whether the child is at risk of physical or psychological harm, as well as whether there was any child abuse or family violence prior to the child's parents' separation. Parental responsibility encompasses all of the duties, powers, responsibilities, and authority that parents have over their children. It is divided into daily decisions such as what the child eats or wears, and longer-term issues such as the child's name, living arrangements, health, religious or cultural upbringing, matters concerning the child's education and where the child spends their time, and other long term decisions concerning the child. When parents divorce, they may have joint or sole parental responsibility for their child. When two parents divorce and seek a Court Order, the Court will consider the child's best interests before making an Order.
Parental responsibility is shared equally by both parents
There is a presumption of equal shared parental responsibility in Australian Family Law. This means that both parents will be responsible for making decisions regarding the child's welfare and development. Before the Family Court makes Parenting Orders, both parents usually have equal shared parental responsibility for the child, so the Court must consider the presumption that it is in the child's best interests for both parents to have equal shared parental responsibility. Despite the fact that Australian Family Law presumes equal shared parental responsibility, there are circumstances in which the Court may grant one parent sole custody of the child. If there are reasonable grounds to believe that the child may be subjected to family violence, equal shared parental responsibility is unlikely to be granted because it is not in the best interests of your child. When going to Court, you can request that the other parent be consulted about any major long-term decisions as a starting point. This could include making a joint decision about what activities the child does after school or what religion they practice. It is important to note that equal responsibility does not imply equal time, so your child may not live with you, but you and your former partner make joint decisions about the child. Shared parental responsibility is frequently referred to as joint custody; however, the legally correct term in Australia is an equal shared parental responsibility, according to the law.
Sole parental responsibility
The presumption of equal shared parental responsibility underpins Australia's family law. In some cases, it is in the best interests of the child to give one of the parents sole parental responsibility. When a child has been exposed to family violence or the parent has abused the child, the court may assign sole responsibility to one parent. If that is the case, the Court will rule that it is not in the best interests of the child for the parents to have equal shared parental responsibility for the child. Australians frequently refer to sole parental responsibility as sole custody, which means that one parent will have all of the duties, powers, and responsibilities.
The importance of parental responsibility
Parental responsibility means that you and/or the other parent are in charge of making decisions regarding a child as well as any children you may have from a previous relationship. The responsibilities that parents have for their children are outlined in Australian law. These responsibilities include keeping them safe, providing them with food, shelter, and clothing, and ensuring that they have access to medical care if they become ill or injured. They do not necessarily imply that both parents will spend equal amounts of time with the child.
When does parental responsibility apply?
According to the Family Law Act of 1975, you and the other parent are responsible for your child until he or she reaches the age of 18. Even if you divorce your partner, your parental responsibilities will not change. You can both make long-term decisions, such as how far apart your parents live from each other. If you live a long distance apart, the child may find it difficult to spend time with you.
Major Long-Term Issues for a child
The law defines major long-term issues as issues relating to your child's long-term care, development, or welfare, which could involve their education, health, religious upbringing, name, or other living arrangements. For instance, if another member of the parent's family moves in and living with them is not in the best interests of the children. If you and the other person share equal responsibility for parenting decisions, you cannot make major long-term decisions without the other parent's agreement. If you and your spouse cannot agree on a decision, you can ask the Court to make one for you.
Is it better to have sole parental responsibility or equally shared parental responsibility?
Every Family Law Court case is evaluated based on what is best for the child. Although the presumption is that both parents are equally responsible for their children, there are some situations in which one parent should have sole responsibility for the child. If you are seeking sole parental responsibility, you should seek legal advice from one of our lawyers who have extensive experience in dealing with these issues. We can advise you on how to prepare for your Court case and how to present your case in the best light possible so that you have a good chance of success.
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sources: unifiedlawyers.com.au
