While the child’s rights are more important, separated parents rights should also be considered. Today, the child’s rights are more favoured than separated parents rights. Family law is the branch of law that deals with family-related issues such as divorce, children, and property.
The Family Law Act 1975 covers the separated parents rights and family law concerns in Australia. The Family Law Act will handle any conflicts you may have over your children. This also includes your property rights whether you are married or in a de facto relationship. This article will discuss separated parents rights.
Separated Parents Rights And Divorce
The legal process involved in separation proceedings differs from that of divorce proceedings. Separated couples can file for a divorce. They can do this in a span of 12 months. The majority of individuals will need to use the Commonwealth Courts Portal to complete and eFile an Application for Divorce.
Contact the Federal Circuit and Family Court of Australia (FCFCOA) or an attorney if the online system is unavailable. Separated couples who live together within a 12-month period can still obtain a divorce. However, the court will want further evidence and information.
Exclusive Occupancy Order
Both spouses or ex-partners are entitled to reside in their house when talking about separated parents rights. This is regardless of whose name is on the rental agreement or the ownership of the property. It will not impact their right to a portion of the property if one of the spouses has to leave.
Either party can obtain a sole or exclusive occupancy order. This compels the other to vacate the premises. The court has the power to grant either spouse sole residence of the house. This means a spouse can live in the house without the other living there until the property has been divided.
The court will consider separated parents rights and the children’s requirements when making arrangements. There are rare circumstances that use sole occupancy orders. An example is when one spouse is threatening the other with domestic violence.
Separated Parents Rights: Shared Parental Responsibility
Mothers’ rights in Australia are statistically strong. This means the mother has custody of her children in the vast majority of child custody disputes. Today in Australian law, mothers’ and fathers’ rights do not technically exist. This is because the law focuses more on the child’s best interests. The Family Law Amendment Act 2006 is the presumption of shared parental responsibility.
This promotes shared custody rights and is based on the premise that children ought to have meaningful connections with both of their parents. It is a parent’s obligation. The duty to care for their child remains unchanged regardless of their marital status.
When court procedures for parenting orders commence, the court considers that the child’s best interests are served by maintaining contact with both parents. Parents must demonstrate their willingness to collaborate respectfully. They should obtain a solution that reflects their child’s best interests.
Equal Shared Parental Responsibility
It’s crucial to understand that equal parental responsibility differs from child custody. The parent with whom the kid lives is not always the parent who is capable of making long-term decisions for them. Parental responsibility includes decisions such as where the kid attends school, medical care, and cultural upbringing.
Both parents must jointly decide on equal shared parenting responsibility. Separated parents’ rights include major decision-making authority over their children’s upbringing and lives.
If the circumstances allow, parents may be able to spend at least 50% of their time with their children.
Protecting children from physical or psychological damage is also a top priority for the court. This entails safeguarding children from abuse, neglect, and family violence.
Separated Parents Rights: Protecting The Child From Harm
A child’s father can make a crucial parenting choice. However, a mother that disagrees with this, can stop it from happening. In Australian family law, there are two key concepts of the best interests of the child:
- Children have the right to a healthy relationship with both of their parents.
- A child’s right to be safe from physical, psychological, emotional, and sexual damage is unalienable.
A child’s connection with one of their parents can result in abuse. If this is the case, the parent will have limited contact with their child. The violent parent will then receive supervised visitation or limited contact.
violent parent. In worse cases, a parent can receive an apprehended violence order (AVO).
Willis & Field’s Case
In the case of Willis & Field (2014), the court looked at parenting arrangements that had been in place for nearly 11 months. This included equal time with each parent. Both the father and the Independent Children’s Lawyer requested that the children live with each parent for equal amounts of time.
According to the mother, the children should reside with one parent and enjoy visits from the other. She wanted greater stability for the children, whether it meant remaining with her or with the father.
The mother was focused on the children’s needs according to the judge.
She considered it would be better for the children to live primarily with one parent rather than have equal time with both. The children’s emotional and psychological needs should be overseen by the mother. As a result, she was given primary responsibility for the children.
Separated Parents Rights: Protecting The Child
Parenting plans are agreements between parents concerning their children’s arrangements. Separated parents can draft a parenting plan with the advice of a solicitor. Parenting plans need writing and signing. Parenting arrangements do not bind either parent to any legal duties. A judge will take into account on what was agreed in a parenting plan in a court.
The court authorises a filed consent order. The court can make the consent order legally binding. It documents parental arrangements agreed upon after negotiations with the other parent. Mediation typically helps with these types of cases.
Importance Of Seeking Legal Advice
Parenting plans and arrangements can be breached. With this being said, JB Solicitors advises to seek legal aid. After all, a child’s well-being is taken into account and they should be protected at all costs.
Send an enquiry to JB Solicitors today.