Family Law and Children: Things Family Court Consider for a Child’s Welfare
A child may develop anxiety, despair, discomfort, and relational difficulties due to parental disagreement in the past. Depending on how intense or forceful marital discontent or domestic conflicts are, they may cause substantial psychological harm to the kid.
Under the Australian family court process, children are entitled to meaningful relationships with their parents and protection from abuse. However, the court must assess the necessity to safeguard children from danger.
Considerations Made by Family Court for a Child’s Welfare
The 1975 Family Law Act is gender-neutral and makes no assumptions regarding parental responsibilities. When a family court makes a judgment concerning a child, it will issue a ruling that is in the kid’s best interests.
1. Parental responsibility
A parent’s rights, duties, and authority over their offspring fall under parental responsibility.
A court ruling for ‘Equally Joint Parental Responsibility’ may be made or requested if both parents want to have a binding legal obligation to make long-term choices about the child’s care and upbringing. Major life choices include a child’s future education, health care, and religious upbringing.
Shared parenting entails more than just dividing up the time equally. A judge may find that removing parental rights from either or both parents is in the child’s best interests. A legal guardian may be appointed by the court to assume parental responsibilities.
2. Child’s Time
When parents divorce, there aren’t specific and binding guidelines for deciding how the kid will divide their time between the two of them. In the past, this was referred to as establishing custody or contact. In the modern Australian family court process, these phrases are obsolete. There is no need for kids to split their time equally between both parents.
Where a child will reside and how much time each parent will spend with them is a topic that is best discussed between the parents after considering the unique circumstances.
A wide range of options is available to divorced parents who want to maintain contact with their children. You may avoid court to settle child custody disputes if you and your ex can agree. A court-approved consent order for parenting is equivalent to a written parenting agreement.
3. Responsibility for Children’s Finances
Regardless of where the child resides, both parents are responsible for providing financial support. Parents may work things out on their own or seek a court-ordered child support evaluation.
The child support program is administered by the Department of Human Services and provides financial aid to families that need it so that they can take care of their kids. The Department of Human Services has a webpage where interested parties may learn more regarding the child support program.
4. The safety of your child
Children often suffer the most after parental divorce. So it’s crucial that you prioritise the present and future well-being of your kids.
Don’t badmouth the other parent or force your kids to choose between you and them when it comes to their health and well-being. A child’s feelings toward their parents are complicated, and it’s not good for them to feel they must choose between them.
The family court process can be as difficult or simple for the children depending on their parents’ support and the court’s decisions. Therefore, getting good legal help and having faith in your partner, legal aid, and the court is essential.