According to family law in Australia (or Sydney family law, specifically), children have the legal right on issues such as protection from danger and a good healthy relationship with both their father and mother. Top on this list is the need to protect them from harm which must be considered seriously by the court.
Furthermore, the children’s best interests must always be factored in when the court gives a verdict.
Parental responsibility—What is it?
According to the Sydney family law, parental duty encompasses the rights, responsibilities, or duties, and authority parents yield over their children. It doesn’t matter if they are still married, have fallen out of the relationship, or are in a de facto relationship, etc., they still have a role to play in their children’s lives and the decision-making authority rests with them.
And, as long the child or children are under 18, the parents will continue to care for and cater to their wellbeing.
Peradventure, the parents have decided to commit to a long-term joint commitment the legal way, the Sydney family law confers the court with the right to give an order to effect that.
Examples of such long-term commitments include medical choice, religious practice, what school the child will attend and where etc. However, it is important to note that because each parent may share the same parenting time, it doesn’t mean they have equal parental responsibilities.
According to the Sydney family law, a judge can determine if it is in the best interest of the child or children to relieve one or both parents of their parental responsibilities.
Parenting Time—What it entails
When parents separate, there are no stringent Sydney family laws that state which parent can have custody of the child. The proper name for this in the past is “making custody” or “contact arrangements”. However, these terms are now obsolete.
No Sydney family law dictates a child must spend 50:50 time with each parent.
In most cases, the court advises that both parents can come to a consensus on their own as regards their children, their living arrangements, time allocation with parents, etc.
Divorced families have a wide range of options to consider, especially options that consider how their children can establish contact with both parents.
You and your ex-partner needn’t even need to appear in court altogether. There are ways you can sort this out. How? Both parents can reach an agreement or consensus through mediation to determine their children’s future. Sydney family law also permits you to obtain “consent orders” too.
What matters most?
Regardless of the decisions parents make, the most important ones must have the best interest of their children at heart. What does this mean? We will explain shortly.
After shared discussions, most separated or divorced couples must make decisions as to how the children will be cared for and catered for. This is usually materialized via mediation services. Mediation will allow both parties to reach a conclusion or compromise especially if they disagree on many things.
And, if mediation fails, a judge in the family law court will have to study the situation and rule the cases. This rule or decision will be in accordance with the Sydney family law.
