Mother V/S Father Legal Rights For Child Custody In Australia

March 22, 2021    divorcelawyersperthwa
Mother V/S Father Legal Rights For Child Custody In Australia

In Australia, the child’s custody is not biased towards either the father’s or mother’s rights. Most importantly, it is concerned about the interest of the child. Any parenting order which is made is done by considering the best interests of the child. When it comes to custody, it is often thought that compared to the father, the mother has more rights. But in reality, any of the parents can be more suitable to the children. 

More about the child’s custody

Under the family law in Australia, the child has the right to enjoy a meaningful relationship with both the parents. It helps in protecting them and the court always gives a higher advantage to the one with whom the child feels more protected. The law is gender-neutral and does not make assumptions on parenting roles. When the court is giving a decision, it is always based on the best interests of the child. If you are facing a similar situation and need some guidance, the child custody lawyer can assist you.  

Things consider before the custody is handed over to any of the parents

A few things to consider before the custody is handed over to any of the parents are: 

  • Parental responsibility 

Parental responsibility indicates all the powers, duties, authority, and responsibilities that parents have concerning the children. Regardless of whether parents are in a de facto relationship, never in a relationship, they are married, or otherwise, each one has some parental responsibility. It indicates that both of them can make independent decisions for the betterment of the children. Parents having a child below 18 will share the same parental responsibility. 

If parents are interested to make a legal obligation to make a major long-term decision regarding the upbringing and the child’s welfare, they must request the court. Always equal shared responsibility may not be the same as it depends on the best interest of the kid completely. The separation lawyer can provide you in-depth information regarding this aspect. 

  • Parenting time 

No specific guidelines are there regarding with which parent the child will live after their separation. It is known as making contact or custody arrangements but is no longer used. No specific guidelines are there, stating the child has to spend an equal amount of time with both. The best possibility is both parents must discuss the individual needs of the child together and make necessary arrangements accordingly. With that, they can also decide where they will stay, how much time they will spend with their parents, etc. Several ways are there through which separated families can ensure their child maintains a good relationship with both of them. In that way, you do not have to visit the court. If required, you can take some help from divorce lawyers Perth to settle it outside the court. 

  • The best interests of the child 

While decisions are being made, it is vital to understand what is important for children. They must focus on the needs of their children and not what they want. Most times, divorced or separated parents agree to the arrangements they will make after conducting joint discussions. In case, parents cannot agree to the decisions made by each of them, a lawyer can help to come to a mutually agreeable decision. In case nothing is working, the judge will take action that will be based on the best interest of the child. 

  • Financial responsibility 

In terms of financial responsibility, both parents have to support the child irrespective of whom he is staying. They can manage this thing between them or proceed with a child support assessment. They will look after the entire situation and help with the proceedings, giving the right assistance to the child. 

  • The well being of the child

For any child, it is a difficult situation when their parents separate. But being parents, you have to focus on what is right for your child and which will be better for their future. Do not pressurize your child to make decisions that will work in your favor. They love you, and it will not be good to put them in a situation, making the entire thing stressful. Do not say to choose one between both parents. 

Final thoughts 

Every decision taken either outside or inside the court needs to be in the child’s favor. Even parents must keep this thing into consideration so the child can have a better future. Family law legalization will never consider stereotypical gender roles. If the court takes any decision, parents have to strictly stick to that without fail. For any help, call up the best divorce lawyers and book an appointment with them. They can assist you with the required details, after which you can proceed. Consider the above factors while making any decision regarding your children.

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