Parental responsibility refers to the day to day and long term decisions that are made on behalf of the child. The Court explicitly takes into account the behaviour of parents towards each other and towards the child when determining what is in the best interests of the child in constructing parenting orders. Grace Lawson – Barrister-at-Law | 22 September 2015. Each parent has parental responsibility for each of their child/ren until aged 18 years. Brisbane Office. Click now to make an enquiry or get a free case evaluation. The same suggestion applies if you and your former mate split up a while ago but need a new parenting arrangement because one of you have moved, remarried, or otherwise had a major life change. The Australian Institute of Family Studies, The New Industrial Relations Reforms for Casual Workers, Accessing Digital Assets – Estate Planning Essentials, belief that the child’s mother would oppose more involvement; and. Divorce - Child Custody Law - Final Parenting Hearing Process. Earlier today, BV Family Law announced the launch of its new Child Custody Lawyer service, specifically for dads, is set to go live December 1st 2017. View original. Some states may also assume that in the case of unmarried parents, the mother automatically has custody, while others expect single mothers to file for custody, even if the father is not involved. Understanding Australian Child Custody Laws. A child custody hearing is an emotionally charged proceeding even under the best of circumstances. When determining the “reasonable practicality” of the child spending equal or significant and substantial time with both parents, the Court can take into account the traits of the parents considered in determining what is in the best interests of the child. Child Custody Sydney Family Lawyers. Both parents have a responsibility for the care of their children, including their financial support. If you successfully come to an agreement with the other parent Consent Orders may be sought from the Court. In the latter case, the Court will prioritise the child’s safety and wellbeing and make appropriate parenting orders. This does not necessarily mean each parent gets to spend equal time with their children. This support should be twofold: First, you should be supported in a legal sense, so you understand and are equipped to deal with your situation. Historically, parents would often agree for the mother to retain custody. In some cases, you might even be concerned for the wellbeing of the children, should they remain with (or return to) their birth parents. Earlier today, BV Family Law announced the launch of its new Child Custody Lawyer service, specifically for dads, is set to go live December 1st 2017. In Australia, Parenting Orders can be made by the Federal Circuit Court or by the Family Court. There is no rule that children must spend equal or "50:50" time with each parent. Some states presume that parents have joint custody, while others do not. In some child custody cases, especially family violence scenarios, an independent laywer can be appointed for the child to ensure that the voice of the child is heard. However, if there is something fundamentally impractical in the orders, and they are simply too difficult to adhere to, it could be that the existing orders no longer serve the best interests of the children. To talk to someone about your children and your family law … In Australia, there is a common misconception that mothers will be awarded primary custody … Courts consider the child’s best interest without regard to parental gender aiming to find equitable agreements for both parents. Rather, the Court’s decisions are strictly governed by the principle of the children’s best interests. 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