Child Custody or Parental Responsibility

One of the hardest things to cope with following a separation is deciding on new parenting arrangements for your children. There are no hard and fast rules about making arrangements for which parent a child will live with or spend time with after their parents separate. In child custody or parenting dispute cases, it is compulsory to first attempt mediation with your ex-partner before taking Court action.

Parental Responsibility

Under section 61C of the Family Law Act 1975 (‘the Act’), parental responsibility is presumed to be held equally by both parents of each children under 18 years of age unless otherwise ordered by a court under Section 61D of the Act.

Seeking either sole parenting or sole custody orders from court can restrict visitation access for the other parent but may not necessarily remove their responsibility and input in making important life decisions for that child.

Section 61B of the Act defines the parental responsibility as being “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” Under this definition, the legal duties and powers provided to parents includes:

• making decisions as to the children’s upbringing, religion, and education;
  • taking any reasonable disciplinary measures in relation to the children;
  • consenting to the children being adopted;
  • applying for a passport or visa for the children;
  • instituting legal proceedings on behalf of the children.

A bad spouse does not mean a bad parent. It is important to remember that sole custody and parental responsibility are different and should not be confused between each other.

If you would like to find out more about your rights and options or have a Consent Order drafted, Straits Lawyers are now offering online services at https://straits-lawyers.square.site/product/family-law-binding-financial-agreement-consultation-bfa-/5?cs=true.

Alternatively, you could simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.