Parental Responsibility and Parental Order under the Family Law Act

The law that governs parental responsibility in Australia is the Family Law Act 1975.Under this law, every parent has the full Parental Responsibility for the rearing and care their child under 18 years of age. Even if there are changes in the relationship of the parents, in cases of separation and subsequent re-marriage, they still have Full Parental Responsibility over their child.

The full responsibility of each parent to their child covers all matters concerning the proper rearing and support to their child. It includes the long-term effect of the proper care to their child as well as to their day to day subsistence and concerns. This will cover matters such as who will live with the child and whom the child shall have contact with.

In case the parents failed to have an amicable arrangement regarding their Parental Responsibility. The Family Court may intervene and assist the parents to stipulate and settle their parental responsibility. After the settlement, the Court will promulgate a Parenting Order that will stipulate what they have agreed upon before its jurisdiction.

There are four types of Parenting Orders that the Family Court may issue

Depending on its necessity, to wit:

  • Residence Parenting Order – this pertains to the living arrangement of the Child as well as to whom he shall live with;
  • Contact Parenting Order – this order will cover the arrangement of who will get in touch and communicate with the child;
  • Child Maintenance/Support Parenting Order – this will provide the arrangement and settlement of the financial and pecuniary support to the child; and
  • Specific Issues/Concern Parenting Order – in cases where there are matters not covered by the 3 above cited orders the Court may issue this Order for the protection and best interest of the Child.

In any case, the Court will always look upon the general welfare and best interest of the Child in the settlement and arrangement of the Parental Responsibility of the parents before a Parenting Order can be issued.

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Alan Weiss

23rd March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.