The family law system in Australia operates under the Family Law Act 1975, which outlines the rights and responsibilities of parents and caregivers in relation to the care, welfare, and development of their children. In this brochure, we will discuss the key aspects of parenting matters in family law in Australia.
Parenting Plans and Orders
One of the most important aspects of parenting matters in family law is the development of a parenting plan or order. A parenting plan is a written agreement between the parents or caregivers that outlines how they will care for their children after separation or divorce. A parenting plan can cover a range of issues, including where the children will live, how they will communicate with each parent, and how decisions about the children will be made.
If the parents cannot agree on a parenting plan, they can apply to the Family Court for a parenting order. A parenting order is a legal document that sets out the arrangements for the care, welfare, and development of the children. A parenting order can cover a range of issues, including who the children will live with, how much time they will spend with each parent, and how decisions about the children will be made.
The Best Interests of the Child
In all parenting matters, the best interests of the child are the most important consideration. The Family Law Act 1975 outlines a range of factors that must be considered when determining what is in the best interests of the child. These factors include the child’s relationship with each parent, the child’s views, the child’s needs, and the practicalities of the proposed arrangements.
The courts will also consider any issues that may impact on the child’s safety and wellbeing, such as family violence, abuse, or neglect. In these cases, the court may make orders to protect the child from harm, including orders for supervised contact or restrictions on communication between the child and the parent who has engaged in violent or abusive behaviour.
Parental Responsibilities and Decision Making
When parents separate or divorce, they both continue to have parental responsibilities and decision-making responsibilities for their children. Parental responsibilities include making decisions about the child’s care, welfare, and development, while decision-making responsibilities relate to major long-term decisions, such as where the child will attend school or what religion they will follow.
In some cases, parents may agree to share parental responsibilities and decision-making responsibilities equally. In other cases, one parent may have primary responsibility for these matters, while the other parent has limited or no involvement. The arrangements will depend on the individual circumstances of the family and what is in the best interests of the child.
How Leach Legal can assist you
At Leach Legal, we understand that parenting matters are some of the most sensitive and emotionally charged legal issues that our clients face. As experienced family lawyers, we have the expertise and compassion to help you navigate these complex issues with confidence and clarity.
Our team is also dedicated to providing you with the support and guidance you need throughout the entire legal process. We know that parenting matters can be stressful and overwhelming, which is why we strive to make the process as seamless and stress-free as possible. You can count on us to be there for you every step of the way, from your initial consultation to the final resolution of your case.
So if you are facing a parenting matter, do not hesitate to contact us. With our expertise, compassion, and personalized approach, we are confident that we can provide you with the best possible representation for your parenting needs.