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 the primary carer is in a family law case is not necessary.
But, they will need to determine who the child’s primary caregiver is, in case an 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’s definition in Australia.
Primary Carer Definition Australia Under Family Law
The Family Assistance Guide provides the definition of a primary carer or primary caregiver. Let’s look at the definition. For Family Tax Benefit purposes, a primary carer is a person who has greater responsibility over children. A primary carer is a person who typically:
- Is responsible for the child’s transportation to and from daycare, preschool, kindergarten, or school.
- Takes on the main daily responsibility for a child’s care.
- Addresses the child’s needs (e.g., dressing, feeding, bathing, and outings).
- Handles most of the child’s daily arrangements.
- Schedules and attends the child’s appointments (e.g., school, doctor, and dentist).
- Serves as the primary emergency contact for daycare, school, or college.
Primary caregivers and carers should also be aware of the child’s best interests. Section 60CC of the Family Law Act 1975 discusses this. 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 Act that children need to be protected from family violence or psychological harm.
Hence, despite of who is the primary caregiver or not, both parents should still work as a team to raise their children. This is also referred to as equal shared parental responsibility.
Factors Beyond the Primary Carer Definition
Aside from knowing the primary carer definition, parents and caregivers should know their role in their child’s life. It is not an easy task since having a child is a big responsibility. We all want our children to grow up healthy and safe as they grow, right? As we take on this responsibility as primary caregivers we should know our role in our child’s life. Let’s look at each of them.
1. Essential Care
It is obvious that children should meet the basic needs that are fundamental for their healthy development. We as caregivers should provide proper shelter, nutritious food, and protection from harm. Without these, children will not be able to focus on their emotional, social, intellectual, and physical growth. Children who feel loved and heard are more confident, expressive, and resilient.
2. Being a Role Model
Children will generally follow every action, body language, or any information we show them. after all, we are their main role models as they observe us as they grow up. With that being said, we should be mindful of what we teach them and how we react to certain things. If we show them positive choices and actions, we are essentially teaching them what is acceptable and what is not for their future.
3. Acting as Mediators
We are mediators. The world may be overwhelming for children, but we can make it bearable for them. Children will naturally seek guidance from adults if they want to understand certain experiences in their lives.
4. Continued Support and Encouragement
We will keep offering support and encouragement for our children whenever they need it. Did your child win a recent quiz bee in school? Did they participate in their first football match? Maybe they also got invited to a party that their classmate invited them over to. Whatever the result for such instances, we should give them praise and recognition.
What Happens to Children if Parents Divorce?
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. Primary carers can still share custody and have equal shared parental responsibility. The court may also appoint an independent children’s lawyer to represent the best interests of the child in court.
A judge will consider a variety of factors to decide who has been the child’s primary carer. Given below are some of the roles of the child’s primary carer during childhood and adolescence.
Infancy and Childhood
Your role as a parent and primary carer once they are born. An infant develops attachment with someone through processes of proper feeding, changing clothes, and holding/cradling. 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
As you grow as a parent, so do your children. We as primary carers must prepare as we cope with a whole new set of responsibilities as a child enters adolescence. They may be more demanding or enter the dreaded rebellious stage in their life. Hence, we will extend our patience and understanding
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 in 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 if they’re still financially dependent on the primary carer
- 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
Primary Carer Definition Australia Case #1
In the primary caregiver definition case of Ryder & Donaldson (2018), the Federal Circuit and Family Court of Australia determined that it was necessary to change the primary caregiver. 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.
Primary Carer Definition Australia Case #2
Similarly, the court determined in the case of Donaghey v Donaghey (2011) that the child would suffer psychological harm if she continued to live under her mother’s care. Instead, the family court found that it was best for the child to live with his father. This ensures protection for the child from further harm, despite the fact that the father gaining full-time care would involve a number of changes. This includes:
- 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. That’s why it’s important to highlight the importance of the child’s best interests and the roles of a primary carer. While it’s essential to know the primary carer definition in Australia, it’s important to carry out parental responsibilities than solely knowing its definition.
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 which 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.
