Parental Responsibility – Who the Child Lives With and Communicates With
The law prescribes that parents generally have an equal shared responsibility when making orders about the care of their child/children after separation. This chapter considers how parents make the decision about who to live with and communicate with as well as issues specific to the child or parents as well as factors the court may consider (if court is involved).
Who Can Apply to the Court?
Most court cases are between the parents of the children. However, under section 65C of the Family Law Act, an application for a parenting order may be made by: either or both of the child’s parents; the child; a grandparent of the child; or any other person concerned with the child...
Terms of Reference
There are many terms associated with parental responsibility. These are provided below. Equal shared parental responsibility The Family Law Act now presumes that parents, except in cases where there are reasonable grounds to believe that there is child abuse or family violence, have equal share...
Family Reports
Family Reports can be ordered by the Court to assist it in making any decision about children (s62G, FLA). The report will usually cover the children’s relationship with each parent and any new partner, what is being offered by each parent in both material and emotional terms and any wishes the c...
Parenting Orders
How a Judge Decides Courts are required to consider a child or children spending equal time or substantial and significant time with each parent. This is subject to considerations of practicality and the best interests of the child (s65DAA). The factors a Court must consider when deciding wha...
Spends Time With and Communicates With
A parent who does not have a ‘live with order’ may apply to spend time with a child. There is no automatic right to spending time – the primary carer does not have to allow time unless there is a court order that requires this. However, time will usually be ordered, and unless the child is at ris...
Parents’ Behaviour
General parental behaviour The Court will consider the behaviour of the parents if it affects the welfare of the children. If a parent does not allow the child to have time with the other parent this may make the other parent’s case stronger should they apply for a ‘lives with’ order. Generally,...
Children
Jurisdiction Over Children All children now fall within the jurisdiction of the Family Court or the Federal Circuit Court in Tasmania. So-called ‘test-tube’ children are also brought into this jurisdiction. A child who is born of a married woman but who is not biologically the child of the husba...
Removing the Children
Restriction in Movement and Relocation When the parent with whom the child lives wishes to move a considerable distance from the other parent, either to frustrate ‘time with’ deliberately or simply to start again, the Court must decide what is in the child’s best interests. The Court can make an...
International Abduction of Children
Convention Countries - the Hague Convention Children may not be taken overseas without the consent of both parents or a court order. If a child has been taken overseas without the knowledge or consent of a parent or retained overseas for a period longer than consent was given, there are steps th...
Common Misconceptions
The separation was his/her fault so s/he doesn't deserve the kids As with divorce, fault in marriage breakdown is not relevant to the residence of children unless the behaviour or conduct affects the welfare of the children. Many people believe that when one parent has a new relationship or goes...
Page last updated 19/03/2018