What Is The Australian Child Custody Law?

December 21, 2020    Familylawyers
What Is The Australian Child Custody Law?

To begin with, Australia’s Child Custody Law witnessed a dramatic change on 1st July, 2006. This change came in the form of the Family Law Amendment Act, 2006. It chiefly stressed on shared parental responsibilities by both the parents alike. Following are some of the crucial aspects comprising an indispensable part of this Act.

  • According to the child custody law of Australia, both the parents of the child must share the responsibilities equally. This approach by both the parents is going to be in the best interests of the child.
  • Even after separation, each parent is responsible for sharing the responsibility of the child equally.
  • The child custody law of Australia also stresses on the rights of every Australian child out there. According to this law, every child in Australia must be protected from every possible peril by their parents. Besides, each of them should enjoy a significant relationship with both of the parents.

Meanwhile, the Family Court of Australia has summed up some crucial alterations in Goode and Goode (2006), FamCA, 1346.

A Glimpse Of The Notable Changes

So, what are those important changes which the Family Court of Australia has summarized in Goode and Goode (2006)? Comprehensive pieces of information related to the same can be considered below. According to part VII of the synopsis, the following amendments have the following repercussions.

Section 61C (1)

According to Section 61C (1) each parent of the child has equal parental responsibility for the child. Besides, until the child turns 18, each of the parents has to comply with their shared responsibilities consistently. This criterion will remain in effect until the court brings some amendments to the statutory conferral of the joint parental responsibility. The parental responsibility must include the following tasks and duties unfailingly.

  • All the powers which parents have with their children bound by the Australian child custody law
  • All the duties which parents owe to their children and
  • The pertinent authority which both the parents share in relation to their children.

None of the parents can disclaim their duties or responsibilities except the Court has devised a relevant parenting plan. The parents cannot do this either until the court has ruled out a pertinent order.

Section 61DA (1) And (2)

According to these two sections a parenting order cannot be issued until a presumption application is made for the child. The application again has to be in the child’s best favor. It requires both the child’s parents to share their parental duties and responsibilities equally. The presumption can be applied for unless the following substantial circumstances apply:

  • A parent who is residing with another parent has been entangled into an act of violence or child abuse
  • A person residing with the other parent who has got entangled into an abusive or violent act with the child.

If the presumption can be appropriately applied for, it must be done concerning both the interim and final orders. The situation might change if the court has considered the same inappropriate in relation to certain circumstances. These circumstances must again be relevant to be applied for according to Section 61DA (1) and (3).

Rebuttal Of Presumption

The presumption worthy of being applied can also be rebutted. However, the Court must be gratified with the presumption application concerning the equally shared responsibilities of the parents. The court should be convinced with the fact that this shared responsibility is inflicting the best interests of the child. Remember, that Section 61DA (4) must apply to the rebuttal of your presumption.

Significant And Substantial Parental Time

The best Family Lawyers Perth always stresses on what is known as substantial and significant time. This parental responsibility must be shared by both the parents according to Section 65DAA (3) and (4). Section 65DAA (5) also stresses on the fact of reasonable parental pragmatism. So, the phrase of ‘substantial and significant time’ according to Section 65DAA implies the following:

  • Both the parents must spend time with the child in certain ways. These include days which don’t and do fall on holidays and weekends.
  • Both the parents must actively get involved in certain events and occasions with the child. These include some of the most significant events and occasions in relation to the child’s life. It also requires them to partake in the happenings and events which are occurring in the child’s daily parlance.
  • Similarly, both the parents must allow the child to partake in events and happenings which are significant in their life.

Remember, at times both the idea of significant and substantial time or equal time might not be in the child’s favour. In that case, the issue has to be mitigated according to the best interests of the child.

Some Prominent Advantages Of Joint Child Custody

There are several merits if the child remains under the custody of both the parents. Some of these benefits have been outlined below.

  • Since, both the parents are sharing the responsibility, their stress level is also much less. This is because rearing up a child and making crucial decisions for them can be stressful for a single parent. On the other end, joint custody divides the duties and responsibilities judiciously amongst both the parents.
  • The divorced parents can stay amicably connected to each other through the child. Both the parents will also work together for the sake of the child without displaying any reluctance. Even if they are not emotionally connected, they can at least be good friends.
  • The kids can be brought up in companion of both their parents. Besides, both the parents take crucial legal decisions on the child’s behalf. In fact, joint physical custody allows both the parents to reside with the child.

So, to reap the maximum advantages of the benefits stated above, you must seek superior-quality legal assistance. In this regard, to hire a competent child custody lawyer in Perth must be your choice.

Hire A Child Custody Lawyer In Perth!

So, are you also on the brink of divorcing each other? If yes, then, hire one of the best divorce lawyers Perth immediately. According to the severity of your case, the top child custody lawyers in Perth will deal with your case. Subsequently, they will help you to obtain the custody of your child successfully.

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