Page 24 - PR Mag Feb18

Child

IN THE BEST INTERESTS OF THE

For many years’ parents have fought to have communication is not possible because of the personalities
custody of their child after separation or divorce. involved, then the court could make an order that one parent
As the law has evolved, the term “custody” fell has sole parental responsibility for the child and can make the
out of use as it had connotations of ownership long term decisions for the child without the need to consult
of the child. the other parent.
The law as it stands now gives the child the right to “spend Before you take the step of going to court, you will need to
time” with each of its parents and significant other family attempt to resolve the issues with the help of an accredited
members. family dispute resolution practitioner.
If parents can’t agree on how much time the child can If you cannot reach agreement with your former partner
spend with each of them, they may ask the court to make a about how much time your child spends with each of you, or
determination for them. When the court makes a decision if you want to formalise an existing agreement, we encourage
about parenting matters, it must satisfy itself of a number of you to go and see an experienced Family Lawyer who will
factors which are set out in the Family Law Act 1975 (the Act). explain how the law operates to protect the best interests of
The Act states that the “best interests of the child” is the your child or children.
paramount consideration and any decision the court makes
has to be in the best interests of the child. The primary A.L.F. Lawyers offers a 15 Minute FREE consultation with
considerations of the court are firstly that the child has a our Family Lawyer to discuss your specific Family Law
meaningful relationship with both parents and secondly that matter. Call 3088 6161 for an appointment.
the child is protected from physical and psychological harm.
There are then a number of additional considerations that DISCLAIMER – The information on this article is of a general nature only
the court must take into account. and may not reflect recent changes to certain areas of law. It should not be
Another determination the court would be required to make relied upon as a substitute for discussing your situation with a qualified legal
practitioner A copy of this disclaimer should be attached to any material
is who has the parental responsibility for the child. The court taken from this website.
will always begin with the presumption that both parents
will have equal shared parental responsibility for making LA W YER S
long term decisions for the child and that they can at least
communicate with each other for the benefit of the child. If CALL 3088 6161
LA W YER S

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