This article will discuss the QLD criteria for unfit parent and other aspects that impact such criteria. Parenting is a challenging but rewarding experience. Most importantly, it is a legal responsibility. In Australia, parental responsibility includes parents’ rights and duties towards their children. These rights and duties include:
- The right to decide about the child’s care, education, and upbringing.
- The duty to provide for the child’s physical and emotional needs to foster a meaningful relationship.
Parental responsibility can be a burden, but it is also a privilege because parents can shape their children’s lives and help them become well-rounded adults. However, not all parents are able to fulfil their responsibilities. Some parents are unfit to become parents, and their children suffer.
QLD (Queensland) Criteria for Unfit Parent: Who Is an Unfit Parent?
A parent is deemed unfit for child custody in circumstances where the child’s physical or psychological well-being is at risk. Moreover, an unfit parent is one who is unable or unwilling to provide proper care and support for their child. In all other circumstances, the family court aims to involve both parents in the child’s life meaningfully.
Additionally, the court will consider both the histories and presence of:
- child abuse,
- substance abuse, or
- domestic violence.
QLD Criteria for Unfit Parent: Factors Considered
Although there is no specific definition of an unfit parent, the Family Law Act 1975 (Cth) sets out several factors that the court considers when determining whether a parent is unfit. These factors include the following:
- The parent’s history of family violence or abuse towards the child or another person.
- The parent’s substance abuse problems.
- The parent’s mental health includes severe mental conditions like schizophrenia or bipolar disorder.
- The parent’s ability to provide for the child’s basic needs (for instance, paying child support).
- The parent’s ability to protect the child from harm.
- The parent’s ability to foster the child’s emotional and intellectual development by providing the child with love, support, and opportunities to learn and grow.
- The parent’s ability to agree to equal shared parental responsibility arrangements with the other parent (if applicable). Click here to read our article about equal share parenting.
The court will also consider the child’s best interests when making this determination. The child’s best interests are paramount, which means that the court must put the child’s interests first when making decisions about their care.
The Best Interests of the Child Standard
The child standard’s best interests is a principle used in child protection and family law in Queensland, Australia. Under section 60CA of the Family Law Act 1975, the standard states that the child’s best interests must be the paramount consideration when making decisions about a child’s care. This means the child’s interests must be put first, and all other considerations must be secondary.
The best interests of the child standard is based on the following factors:
- The child’s safety and well-being
- The child’s physical and emotional development
- The child’s needs and wishes
- The child’s cultural and religious background
- The child’s relationship with their family and carers
When deciding matters related to a child’s care, the court or other decision-maker must consider all of these factors and decide what is in the child’s best interests. There is no one-size-fits-all answer to this question, as the best interests of each child will vary depending on their individual circumstances.
The best interests of the child standard is an important principle that helps to protect children’s rights and ensure that they are raised in a safe and supportive environment. It is a reminder that, when making decisions about a child’s care, the child’s interests must always come first.
How to Be a Fit Parent for Your Child?
The Family Law Act 1975 (Cth) outlines some points on parenting:
- Provide for your child’s basic needs, which include food, clothing, shelter, and medical care.
- Protect your child from harm, such as emotional, sexual, physical and psychological harm.
- Take reasonable precautions in all circumstances to avoid danger to the child’s life, health, or safety and remove the child from such danger.
- Foster your child’s emotional and intellectual development by providing the child love, support, and opportunities to learn and grow.
- Communicate effectively with your child by listening to them, talking to them about their feelings, and setting clear expectations.
- Be consistent in your parenting by setting clear rules and boundaries and following through with consequences when your child breaks the rules.
- Be a role model for your child by showing your child how to behave in a respectful and responsible way.
- Be patient and understanding. Parenting is a challenging job, and being patient and understanding with your child is essential.
QLD Criteria for Unfit Parent: What Is a Parenting Order?
The court will issue a parenting order if a parent is found unfit. A parenting order is a set of guidelines established by the court outlining the child’s parental responsibilities.
Section 64B of the Family Law Act elaborates on the possible contents of a parenting order. The provision states the following:
A parenting order may deal with one or more of the following parenting arrangements:
- the person or persons with whom a child is to live;
- the time a child is to spend with another person or other persons;
- the allocation of parental responsibility for a child;
- if two or more persons are to share parental responsibility for a child–the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;
- the communication a child is to have with another person or other persons;
- maintenance of a child;
- the steps to be taken before an application is made to a court for a variation of the order to take account of the changing needs or circumstances of:
- a child to whom the order relates; or
- the parties to the proceedings in which the order is made;
- the process to be used for resolving disputes about the terms or operation of the order;
- any aspect of the child’s care, welfare, or development or any other aspect of parental responsibility for a child.
Do You Need Legal Advice or Family Dispute Resolution Services?
If you are concerned that a parent may be unfit, contact the Department of Child Safety, Seniors and Disability Services. They can assess the situation and provide support to the family.
Also, you can reach out to our team of family lawyers at JB Solicitors. Our lawyers have experience in family law matters, including unfit parenting and how to draft a family report about it. We can help you understand your rights and options and represent you in court if necessary.
Choose a lawyer who is experienced in family law and familiar with the relevant laws and procedures. You should also feel comfortable with the lawyer and feel confident that they can effectively represent your interests.
If you are facing a child protection matter, contact us so we can provide support and advice, and they can help you connect with other resources.
