privacy-today

Family Law

  • Children in Family Law Disputes
  • Child Abuse or Family Violence
  • DNA Testing
  • Changing the Child’s Name
  • Relocation or Taking a Child Overseas
  • Kidnapping, Airport Watch List and Recovery Orders
  • Property Issues
  • Divorce
  • Consent Orders
  • Binding Financial Agreements

Children in Family Law Disputes

 

The Family Law Act 1975 (Cth) underwent significant amendments in 2006 with the introduction of the Family Law Amendment (Shared Parental Responsibility) Act 2006. This Act sought to impose a cultural shift amongst parents to better recognise the importance of both parents being involved in the decision making process over the children’s care, welfare and development. The law now assumes that separating parents must share equal parental responsibility of the children and that the children have the right to spend significant and substantial time with each parent.

 

When parenting orders are made in Court for shared parental responsibility, the Court must consider what is in the children’s best interests. The relevant factors are set out in s. 60CC of the Family Law Act which include:

  • the nature of the relationship the child has with each parent;
  • capacity of each parent to provide for the child’s financial, emotional, intellectual and personal needs;
  • the attitude each parent has towards parenting;
  • how involved each parent was in the raising of the child;
  • the likely effect of any changes in the child’s circumstances; and
  • any views expressed by the child who is of mature age.

Commercial Law

Commercial & Retail Leases, Purchase & Sale of Business, Debt Recovery ...

Read More

Family Law

Children in Family Law Disputes, Recovery Orders, Property Issues, Divorce ...

Read More

Wills & Estates

Eligibility, Time Limitations, Estate Administration, Factors, Mediation ...

Read More