Children

Arrangements for children after separation of parents is governed by the Family Law Act 1975 (Cth).  Unlike with property settlements the same law applies for married couples and defacto couples.

Both the Family Court and the Federal Magistrates Court of Australia deal with applications in relation to Children.  Both Courts apply the Family Law Act when   determining arrangements for   children  after separation.

Nine Fundamental Principles relating to Children

1. To ensure that children have the benefit of both of their parents having meaningful involvement in their lives to the maximum extent possible
2. A child’s welfare is always the most important issue and children must be protected from harm
3. Children have a right to know and be cared for by both of their parents
4. Children have a right to spend time with both parents and other important people such as grandparents on a regular basis
5. Parents should share the duties and responsibilities for the care, welfare and development of their children
6. Parents should agree about the future parenting of their children
7. Children have a right to enjoy their culture
8. Parents do not have ‘rights’ to see their children, rather children have a right to know and be cared for by both of their parents
9. A Court will only make orders that are considered in the best interests of children

Equal Shared Parental Responsibility

WILL I GET EQUAL TIME?

From July 2006 there has been a significant change in the way the Courts formulate living arrangements for children after separation.  There is now a presumption that both parents should share ‘Equal Shared Parental Responsibility’ for their children.  This means that parents should have, where appropriate, the ability to both make together important decisions in relation to their children– for example decisions relating to health care and schooling.

This presumption DOES NOT mean that children will necessarily spend equal time with each of their parents.

Instead, if a Court is satisfied that parents should have Equal Shared Parental Responsibility, the Court must then CONSIDER making an order for Equal time.  If Equal time is not appropriate the Court must then consider an order for significant or substantial time.  In deciding what are the appropriate arrangements for the children the Court will always consider what is deemed to be in the children's “best interests”. 

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