Parenting is not an easy responsibility. It becomes even more troublesome when questions of rights and responsibilities arise, especially during the divorce mediation process.
Parental rights are a matter of great concern for unmarried couples in Australia. They must know about parental rights so that they can provide a nurturing environment for their child and address potential legal issues effectively. While marriage does not determine parental responsibility, navigating custody, financial support, and decision-making can be complex.
This guide explores the key aspects of parental rights for unmarried couples and the legal options available to protect both parents and children.
Under the Australian Family Law Act 1975, every married or unmarried mother and father have equal rights to decisions made concerning their child’s care. This means that both biological parents are responsible for the minor, including financial support and having a say over the life of the child. However, most of the time, this turns into a competition as one parent might want to cut back on participation from the other. But by taking the help of separation lawyers Perth, this can be avoided.
Legal paternity is important in the case of unmarried fathers. In the scenario where the child’s birth certificate contains the name of the father, then, by default, rights given to the mother are also ascribed to the father. Sometimes matters of parentage come up, and DNA tests are then conducted just to prove the actual biological parent. If a father is denied access to his child despite having legal rights, then divorce separation lawyers in Perth will be able to assist him in the legal process.
If the parents are not married, then they must agree on a good arrangement for raising a child, most importantly the one that will be good for their child. A parenting plan should state who the child will stay with, how much time the child will spend with both parents, how decisions concerning education, health, and religion will be reached, how the money will be allocated, and which family duties will be shared.
Australian law prioritizes the child’s right to have a meaningful relationship with both parents unless there are safety concerns. Courts generally encourage shared custody arrangements, provided they are in the child’s best interest. However, in some cases, one parent may attempt to block the other from seeing the child.
In the event of a denial of access, the parent may apply for a parenting order through the Family Court. This could then make it possible for the family court to enforce legally binding arrangements regarding the custody and an access schedule. By taking the help of a legal separation lawyer, one can get the best outcome for the procedures involved and maximum protection of their rights.
The Department of Human Services, Child Support would determine the amount of child support payable. This is determined by both the parent’s income and the time that the child may spend with the respective parent, along with the general monetary requirements of a child.
If the parent is unable to pay or tries to decrease their liability concerning child support, one can file a case with the court. Lawyers can make a parent pay child support while safeguarding the rights of the child in such cases.
The rights of an unmarried couple differ in Australian Court laws under legislation based on whether they are in the interest of the child concerned. The rights of parents are considered a general applicative principle toward matters, with exemptions such as restricted cases of custody rights, the right to child support, and even the right to decide.
Such exemption has been practiced and advised according to the current good measure required to negotiate through a proportional system in order not to surpass any professional advice the law would state in making for both parties equally balanced and fairly just co-parenting plans in both sides. However, in case of discrepancies, consulting with the best divorce lawyers in Perth can easily help you find the best solution.
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