Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
Fundamental parental responsibilities
Under the Family Law Act 1975 (Cth), every parent has equal responsibility for the care, welfare and development of each of their children until the age of 18. This fundamental responsibility exists regardless of whether or not parents are married or whether there are any changes in the parents' relationship, such as separation or remarriage.
There are a variety of ways in which you and your partner can resolve parenting issues about your children. The first thing to remember is that a child does not belong to either one of you. Children have a right to know and be cared for by both parents and a right to have regular contact with their parents and other ‘significant' people. Once that has been accepted, you will be in a stronger position to consider your options.
Recently, the government proposed changes to the Family Law Act 1975 (Cth) outlined in the Family Law Amendment (Shared Parental Responsibility) Bill 2005, increasing joint parental responsibility in the event of a marriage breakdown. The changes were in response to a finding that there were too many children growing up with little or no involvement of both parents in their lives.
The changes encourage parents, advisers, mediators and the courts to consider sharing parenting time in appropriate cases. Parents will now be encouraged to be jointly responsible in important decision-making processes for their children and to consult together on issues such as education and health issues. Stricter parenting orders such as the imposition of cost orders and “make up” time are also designed to compel greater joint parental obligations.
The recent changes also emphasise a less adversarial approach to the family law system. Parents on the verge of a marital break-down will be encouraged to attend dispute resolution and develop parenting plans before taking the matter to court. This would make the Family Court a last resort to handle only the tenacious matters.
What the court can order
If parents have tried all avenues of dispute resolution and still cannot reach an agreement as to the proper arrangements for their children, the Court will intervene and determine the parties' parental responsibilities via “parenting orders.” Any person who has an interest in the care, welfare and development of a child can apply under the Family Law Act for a parenting order.
Parenting orders come in a number of shapes and sizes:
- Residence order: - Determines who is responsible for where a child will live.
- Contact order: - Determines contact between a child and a parent or another person
- Specific issue order: - Deals with other aspects of parental responsibility including the day-to-day care of a child, or the child's educational, medical or long-term needs.
- Child maintenance order: - Determines the arrangements for the financial support of a child.
A child cannot be taken overseas without a court order or the written consent of the other parent or guardian. An application seeking an order to prevent the child's removal from Australia can be made to the court.
What the court considers
The Family Law Act emphasises that arrangements which involve joint responsibilities and co-operation between parents must be in the “best interests of the child”. Courts exercising jurisdiction under the Family Law Act will take into account any factor that has a bearing on a child's welfare, care and development including:
- The relationship of the child with both parents.
- The child's wishes. The weight the court will give to the child's wishes will vary according to factors such as the age of the child.
- The likely effect on the child of changes in the child's circumstances.
- The practicality and cost of the child having contact with a parent.
- The capacity of each parent to care for the child, including providing for the child's emotional and intellectual needs.
- The child's age, maturity, sex and background, including any need to maintain a connection with a particular lifestyle or culture.
- Any need to protect the child from physical or psychological harm
- The attitude of the parents to the child and to their parenting responsibilities
- Family violence
Responsible parents choose responsible lawyers
A good family lawyer will be able to advise you on your legal rights and obligations with respect to your child's best interests. A family lawyer will represent your interests in obtaining a parenting order and where appropriate, will also advise you on alternative forms of dispute resolution and pursue these on your behalf. To find out more about your parental obligations and responsibilities under the family law system, speak to us at LAC lawyers, to ensure you fulfil your child's best interests.
Guide To Raising Children
Don Imus' ridicules remarks directed at the Rutgers University women's basketball team coupled with the Korean government's concern that the horrific actions of a Korean-American at Virginia Tech would spark backlash against Koreans has put racism on the front line. These unfortunate events forced us all to face the state of racism and its repercussions for our children.
We are now forced to:
Relinquish the fantasy that racism doesn't exist or it's 'better' than it used to be.
Recognize that racism has serious consequences.
Admit that if we can't raise our children without biases and racist attitudes then we are limiting their potential.
This really is good news. Now we can start unlearning our bad habits of racism and bias.
Racism is a habit. It's something we learned. And what can be learned can also be unlearned. It takes time, effort and commitment. But, it is do-able.
Experts believe that it takes as long as 30 days to break a simple habit like the order your put your shoes on in the morning. So unlearning your racism habits may take some work. Don't expect overnight results. Take things step-by-step and day-by-day-starting now. Here's how?
4 Steps to Unlearning Racism & Raising Confident Children in the 21st Century:
Step 1: Take the power out of racism. Talk about it openly.
We actually talk about race all the time, but we do it in code. Much of our discussions about everyday life-politics, education, welfare, taxes and even movies, entertainers, sports and neighborhood happenings have racial underpinnings. Racism, like any 'ism' gets more power when we don't talk about it openly. First, admit that racism exists in today's society as recent events clearly demonstrate. Then we can make the issue less scary by getting racism out of its closet and talking about it openly.
Step 2: Decode the 'codes' of racism
To take the emotion and power out of racism, we have to understand what we are really saying. Consider the words terrorist and illegal alien as an example of 'code words'.
Has terrorist become a 'code' word for people of Arab decent that hides anti-Arab sentiments?
Illegal aliens simply don't exist. There are people living in the United States that don't have the proper documentation to enter the US. But they themselves are not illegal. How can people be illegal?
Today's illegal aliens are likely to be from Mexico which begs the question of what are we truly worried about-the legal or racial implications of our immigration policies? It wouldn't be the first time that racialist sentiments have been masked in legalities.
Step 3: Focus on the end result.
Racism can only exist where there is ignorance and fear. Examine your values and beliefs when you consider those who are different from you. Then educate yourself where need be and demonstrate your willingness to learn and explore different cultures, races and religions to your children.
If you can replace your biases and prejudices with facts, your children will garner real intercultural competence. And, only then will they be armed to face the 21st century with confidence. You will be arming them with one of the most important tools for their success in the world.
Step 4: Don't just stand there-do something.
If you hear a racist joke, ask the jokester to 'cease and desist'. If a high profile person crosses the line, then write a letter or make a phone call. Make a commitment to examine your own 'isms' and stop them or your children's sake if not your own.
Admit that you can be wrong about people and live the possibility that you can make the world more tolerant, more accepting, and more respectful. Give your children a major key to success-the focus on humankind and not just "our own kind."
No one is born with racism. It is a learned set of beliefs and values, which believe it or not can be unlearned. It is up to all of us to make sure that our children don't become a poster child for racism when they inherit the world.
Both Frank Egan - Lac Lawyers & Deb Capone- are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Frank Egan - Lac Lawyers has sinced written about articles on various topics from Culture and Society, Employment Law and Legal Matters. Frank Egan is the Chief Executive Officer of and has over 27 years of experience as a lawyer.. Frank Egan - Lac Lawyers's top article generates over 9900 views. to your Favourites.
Deb Capone- has sinced written about articles on various topics from . About the Author:Deb Capone, President and CEO of as Simple as That, and the author of three award-winning children's books helps parents and educators simply
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