What is the primary carer definition Australia? A primary carer is a person a child spends most of his/her days with. So, a primary carer can be the child’s mother, father, and in some cases, grandparents or even relatives. Some parenting matters will require the family court to determine who the primary carer is in order to draft parenting orders.
For instance, the court may need to decide whether an equal care schedule is appropriate before deciding what parenting orders are best for the children. If so, determining who is the primary carer in a family law case is not necessary.
But, they will need to determine who the child’s primary carer is, in case unequal time custody schedule is required. The court should decide what arrangement will enable the maximum involvement of both parents in the children’s lives. This article will highlight the primary carer definition in Australia.
Primary Carer Definition Australia: Family Law Act 1975
According to Section 60CC of the Family Law Act 1975, a child should have a meaningful relationship with both parents and any important people in the child’s life. Moreover, it is also stated in the Family Law Act that children need to be protected from family violence or psychological harm. Another important consideration that we can add to the primary carer definition Australia is their duty to follow the child’s best interests.
Roles of Parents and Caregivers
Both parents and caregivers ensure that a child is healthy and safe as he/she grows. Children receive love, acceptance, praise, encouragement, and guidance from their parents and other caregivers. These people also offer the most private setting for nurturing and safeguarding children as they:
- Grow physically in order to complete day-to-day activities
- Develop mentally in order to properly handle the pressure of life
- Develop emotionally so they can build close and romantic relationships; and
- Grow socially to form personalities and identities with another person or persons
However, when parents separate or divorce, it’s important to define who is the child’s primary carer. The judge often favours the parent who is the child’s primary caregiver when making a decision about primary physical custody. A judge will consider a variety of factors to decide who has been the child’s primary carer. Given below are some of roles of the child’s primary carer during childhood and adolescence.
Infancy and Childhood
An infant develops attachment with someone through processes of proper feeding, changing clothes, and holding/cradling. This enables children and infants to develop an attachment to the primary carer. A child’s attachment may also extend to other people like another child, siblings, and other family members. Attachment is an important factor in primary carer definition Australia.
Adolescence
Primary carers must cope with a whole new set of responsibilities as a child enters adolescence and deal with the changing demands. A child grows physically, cognitively, and socially. Teenagers will start to become more independent and focus more on their peers and the outside world. This is an important factor to consider when talking about the primary carer definition Australia.
Despite their independence, courts will still consider if an adult child spends most of their time with their primary carer. Adolescents will need guidance and support as they are still dependent on their parents. Since adolescents are more aware of their feelings and independence, the adult child’s primary carer can focus on:
- Offering a communicative style of parenting
- Providing necessary expenses for their housing, clothing, and food
- Continuing to protect the adult child from physical or psychological harm
- Educating about social norms like gender identity, gender orientation, and racism
- Helping them decide on future career and relationship paths
- Ensuring that they don’t engage in using illicit substances and alcohol abuse
Case Example #1: Changing the Child’s Primary Carer
In the family law case of Ryder & Donaldson (2018), the Federal Circuit and Family Court of Australia determined that it was necessary to change the primary caregiver. This is because the judge found out that it was not in the child’s best interests if he continued to live with the primary caregiver i.e. the mother. This risk necessitated a/an:
- Change in the primary residence
- Period of unsupervised time with the father in order to break the cycle of harm
- Introduction of the unsupervised time to the mother in order for the child to have a meaningful relationship with both parents
The family report writer claimed that the child would initially experience stress from having a new primary caregiver. However, the child will recover without experiencing any long-term harm to his emotional and psychological growth. The trial judge issued orders requiring the father to be the child’s primary caregiver and for the child to reside with him.
The mother’s time with the kid will gradually expand to include regular weekends, Wednesday afternoons, and half of each school holiday. The mother filed an appeal against these directives, but the court decided to dismiss it in December 2018.
Case Example #2: Considering the Child’s Best Interests
The court determined in the family law case of Donaghey v Donaghey (2011) that the child would suffer psychological harm if she continued to live under her mother’s care. The family court found that it was in the best interests of the child for him to live with his father. This is in order to protect the child from further harm, despite the fact that the father gaining full-time care would involve a number of changes like:
- Change of primary caregiver
- Separation from the initial primary caregiver, thus the child will lose her meaningful relationship with the mother
- Change of locality and school
Although the mother will face new challenges, this doesn’t mean that she has no more rights as a parent. Hence, the judge also required the father to inform the mother in writing about any prospective decisions about major long-term issues.
Identifying the Primary Caregiver With JB Solicitors
In these cases about primary carer definition Australia, it is possible to change the primary caregiver if it is in the child’s best interests. A child should be protected from physical or psychological harm, abuse, or any type of manipulation that makes them think of the other parent as an incapable primary caregiver.
At JB Solicitors, our family lawyers can help in identifying the rightful primary carer between couples who have separated or divorced. Although, like all parenting matters, there are ways where disputed couples can decide on an amicable agreement. Our mediation services can aid separated parents in reaching care arrangements that suit their child’s best interests.
Contact a family lawyer today for more information about the primary carer definition Australia.
