Divorce Guide

Family Law Principles and best interest of children in Australia

Parenting principles

The Family Laws in Australia are based on some basic principles. These principles are the foundation stones for the laws related to divorce and separation related issues in Australia. These laws govern the nature and direction of the Family laws. Hence, it is necessary to know these principles to know and understand the Family laws in Australia.

The family Law Act follows the principle of Best interest of child. It takes care to place the welfare of children as the first priority during the divorce and separation. This is the basis on which the parenting disputes are solved. All the court decisions regarding child custody, child support, visitations orders, etc. are taken keeping in consideration this principle. There are certain assumptions regarding the best interest of the child:

1. The child is the responsibility of both the parents
2. Protection of children from physical and psychological abuse
3. Relation of the child with parents and others
4. Ability of parent to take care of the child with respect to finances and parenting time
5. Effect of the changed circumstances on the child

The section 61DA of the Family law clearly states that the court considers the welfare of the child as first priority. It makes certain assumptions regarding the parents. In case, these assumptions turn out to be false and there are evidences that prove the guilt of the parent, the court order can be changed.

Parenting principles follow the rules of

1. Responsibility of both the parents in the care and responsibility of the minor child
2. Arrangements for mutual understanding between the parents for the wellbeing of the child

The Family law takes into consideration the fact that none of the parent is involved in:

1. Child abuse
2. Family violence
3. Any other abuse (drugs)

Child custody is usually given as shared parenting. Both the parents are equally important in the welfare of the child. The court considers the welfare of the child in every manner and then awards joint custody to the parents. This way, both the parents are involved with the issues related to the child and both are the decision makers for the child. The responsibility is shared between both the parents and the child gets best of both worlds. The child gets nearly same facilities as it would if it stayed with the family. The court may award joint legal custody or joint physical custody.

Joint legal custody is the one in which both the parents have legal right over the child and both can take decisions regarding the child. If one parent fails to acknowledge the legal right of other parent, the parent may have to face criminal charges.

In case of joint physical custody, the child gets to stay with the parents as decided by the court. The child may stay with one parent for the week and with other for the weekend and other holidays.

Thus, the parenting principles are the guiding principles for the Family law in Australia. The parenting principles guide the decisions related to children in divorce in Australia. It tries to keep the best interest of the child as the first priority while deciding child custody and other matters related to the child.

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