An Insight into Child Custody Laws in Australia
One of the most emotional matters parents deal with when undergoing a divorce is child custody. The process requires the input of an experienced family lawyer. With the help of the Family Act of 1975, family lawyers have continued to act in children's best interest. The act is gender-neutral and doesn't make any assumptions about parenting roles. Here's what the law says about child custody in Australia.
Parenting Responsibility
In most cases, both parents share joint responsibility for any child below 18 years, regardless of whether the couple is married, separated, or in a de facto relationship. The court may grant both parents equal shared parental responsibility depending on certain factors. This means that both can make critical decisions for their child. Some major decisions include the child's health, schooling and religion.
However, the court may rule otherwise in some cases. A judge may conclude that equal shared parental responsibility is not in the child's best interest. In this case, they could grant the responsibility to one parent, especially if the other parent is abusive or incapable of caring for their child.
The party with parental responsibility gets to make important decisions on behalf of the child. For instance, if a court may grant sole parental responsibility to the father, they can independently make decisions for their children without input from the children's mother.
Sometimes the court can revoke parental responsibility from both parents. Keep in mind that the court's primary focus is to act in the best interest of the children. Therefore, evidence of abuse or neglect by both parties can make them lose their parental rights. In such cases, the court assigns parental responsibilities to a legal guardian instead.
Parenting Time
There are no rigid rules on how much time each parent spends with their child. In fact, both parents can discuss their schedules based on their child's personal needs. But how parents choose to spend time with their children is up to them. All that matters is that they maintain a meaningful relationship with their child.
When parents fail to reach an agreement on their own, they can seek input from a family court. A court-appointed schedule could ensure that each parent spends equal time with their child.
Financial Responsibility for The Child
Regardless of whether they live with the child or not, a parent still needs to support their child financially after separation.
A parent who cannot support their children by themselves can seek help by applying for child support. But they must undergo a child support assessment before benefitting from the programs. During the evaluation, child support payment is determined by factors such as the cost of raising the child and the income of both parents.
Here, the law requires both parents to make payment arrangements to ensure that the child is financially cared for, even after a divorce. Consult with an experienced family lawyer to understand more about child custody. Reach out to family law solicitors to learn more.