When determining what is in a child’s best interests, the Family Law Act states that the court must consider the extent to which each of the child’s parents has fulfilled, or failed to fulfil, his or her responsibilities as a parent and, in particular, the extent to which each of the child’s parents-
Read MoreThe Court will also take into consideration the following:
Read MoreThe Court’s primary consideration is the benefit to the child of having a meaningful relationship with both of the child’s parents while taking into account the greater need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
Read MoreIt is important to remember that the Court’s paramount consideration when making a parenting order is what is in the child’s best interests. So how does the Court determine this? The Court’s focus is on the rights of the child and the parent’s responsibilities towards their children and not on parental rights. The Court seeks to ensure that childre...
Read MoreIn parts 2 and 3 of this series the term “reasonably practicable” was used when discussing what the Court will consider when determining time spending arrangements with children. Luckily the Act gives guidance about what this means and what the issues are that the Court is looking at to determine this.
Read MoreSubstantial and significant time When the Court does not believe it is in a child’s best interest for a child to spend equal time with both parents, the Court must consider making an order for the child to live with one parent and spend ‘substantial and significant’ time with the other parent.
Read MoreMany parents see the term equal parental responsibility and think that means equal time spending with their children. This is not correct and one does not necessarily mean the other. Section 65DAA of the Family Law Act deals with equal time or substantial and significant time with each parent and these are not the same.
Read MoreEqual shared parental responsibility means both parents share major long-term decisions on issues such as: Day-to-day decisions, for example what the children wear or what they eat, are not included. There is a presumption of equal shared parental responsibility when making parenting orders under Section 61DA of the Family Law Act.
Read MoreWe have found that many of our family law clients use the word “custody” with respect to their child’s living arrangements. It seems that the word is familiar because of US television, International articles and discussions on social media and the like. The term “custody” was in fact removed from the Family Law Act in 1996 in an attempt to change t...
Read MoreBinding Financial Agreements (“referred to as a BFA”) are commonly known as “pre-nuptial agreements”, “post-nuptial agreements”, “cohabitation agreements” or “separation agreements”. For de facto couples a BFA can be entered into: For married couples a BFA can be entered into: By entering into the agreement you are contracting out of the provision...
Read More/rachels-website-0025/WeatherlyAssociates_Logo_OnDark-dc30f.png "Weatherly&Associates Logo OnDark"){kind=logo}