de facto couples with children have similar rights as a married couple.
children born to a de facto couple, the family law act will govern their respective rights and obligation. it will include the child support, care and bring up of the child
They should also not be in a prohibited relationship under subsection 4(12), subsection 4(13) of Social Security Act 1991. And lastly the couples should not be married to each other and their relationship is not registered.
The Family Law Act recognizes that any person can be involved in multiple de facto relationships. Same-sex de facto relationships were not recognized before by the social security law and the family assistance law. They were only given recognition last 1 July 2009.
Couples in a De Facto Relationship have similar rights and responsibilities with that of a married Couple. This includes the property rights under the laws on succession, and the Social Security Act. They may however, make a prior contract regarding their property arrangement. No Formal Ceremony or registration is required for a De Facto Relationship since it automatically applies to two person if the conditions are met by their relationship.
In cases of children born to a De Facto Couple, the Family Law Act will govern their respective rights and obligation. It will include the child support, care and bring up of the child. Under the said law, both parents of the child, whether they are separated or have a new relationship, are still responsible for their child’s welfare. It will include all their duty, privilege, responsibility and authority over their child.
If there are any disputes or issues which concern their child, any or both the parents may ask the assistance of the Family Court or the Federal Circuit Court. The Court will act as the medium in settling their issues in which the paramount concern is Best Interest of their Child.
A parenting order can also be filed by any of the couple in a De Facto Relationship and the Court will accommodate it and decide the matter after taking into consideration all the information that they may present. Child Support is also afforded to the person who primarily gives care to the child upon application with the Child Support Agency.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.