Care of Children (Custody, Access, Residence, Contact and Maintenance)
Family Law is one of those areas which is
constantly being changed by legislation. Current changes
take into account that children are now considered to be the
most important class of individual to be protected when
parents separate and/or divorce. The Family Law Act 1975
specifies that the object of the Act is "to ensure that
children received adequate and proper parenting to help them
achieve their full potential and to ensure that parents fulfil
their duties and meet their responsibilities concerning the
care, welfare and development of their children". The
central facts in this area are what is in the best interests
of the child and both parents are to have a meaningful
involvement in the child's life. The new concept of
equal shared parental responsibility does not
necessarily mean that both parents will necessarily be given
equal time with their child/children. Equal
shared parental responsibility contemplates the word
substantial and significant time with the parent. The
caveat on equal shared parental
responsibility contemplates what is reasonably
practicable and where it is not then the question becomes one
of substantial or significant time with the parent.
It is important to remember that these
reforms put children first and that they are entitled to be
protected from harm. Although equal shared
parental responsibility is contemplated this will not
occur where children are put at risk. Parents are given
the opportunities to work together to determine what is in the
best interests of the child to avoid conflict in court.
Children are to be protected from violence or abuse.
Equal shared parental responsibility is not
about spending equal time with parents but rather parents
being given the opportunity to participate equally in
decisions which affect their child/children's futures.
Sharing time with parents is part of it but more importantly
is the need to protect children from harm. Where
violence or abuse is a threat then equal shared
parental responsibility no longer applies.
Current changes to the Family Law system
commenced on 1/7/06 and will be phased in over time. The new
system relies upon co-operation from separated parents working
out arrangements with children so that they don't have to go
to court. A parenting plan may be entered into by
parents which sets out the parenting arrangements for children
provided it is in writing, dated and signed by both
parents. A parenting plan provides for the structured
responsibilities of parents as they involve children including
the practical considerations of a child's daily life.
Parenting plans are to be voluntary so they can be changed at
any time provided both parents consent. Parenting plans
are not legally enforceable but they will be taken into
account by a court when making a parenting order in relation
to a child. The extent to which parents have complied
with their obligations with children will also be considered
by the court.
From mid-2007 parents will be required to
attend family disputes resolution sessions in an effort to
resolve issues and disputes before taking a parenting matter
to court.
Other Family Law service
areas:
Contact LAC
Family Lawyers now to make an appointment at an office near
you.
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