Parental Responsibility, Time, and Financial Support Under the Family Law Act

The Family Law Act 1975 (Cth) establishes that both parents of minor children have equal responsibility for their children following separation. This responsibility includes participating in significant decisions affecting the child’s welfare, including matters related to education, healthcare, and other major life decisions.

Shared Parental Responsibility vs. Equal Time

It is important to distinguish between shared parental responsibility and equal time:

1. Shared Parental Responsibility:

   • Both parents are equally responsible for major long-term decisions.
   • This does not automatically mean children will spend equal time with each parent.

2. Equal Time:

   • Equal time will only apply if both parents agree, or if the court determines that equal time is in the best interests of the child and is practicable.

Exceptions to Shared Parental Responsibility

The presumption of shared parental responsibility may not apply in certain circumstances, such as:

• Child Abuse: Where there is evidence of harm to the child.
• Family Violence: Situations involving domestic violence or safety concerns.
• Best Interests of the Child: Where shared responsibility is deemed not to be in the child’s best interests.

Financial Support Responsibilities

Under the Family Law Act, both parents are legally responsible for the financial support of their children. Parents may access the Child Support Scheme, which facilitates fair and consistent financial contributions toward a child’s upbringing.

The Act’s Focus on Children’s Best Interests

The best interests of the child are the central consideration in all decisions made under the Family Law Act. This includes ensuring the child:

• Has a meaningful relationship with both parents.
• Is protected from harm, neglect, or abuse.

The Act emphasizes the rights of children over the rights of parents, highlighting the duty of parents to prioritize their child's welfare.

Support Services and Dispute Resolution

To support parents and children navigating separation, several programs and services are available:

1. Family Dispute Resolution (FDR):

   • FDR is a required step before filing a court application, except in urgent cases involving violence or child abuse.
   • It aims to help parents resolve disputes amicably and focus on the child’s needs.

2. Supporting Children After Separation Program (SCASP):

   • SCASP offers community-based services to assist children in coping with separation and making decisions affecting their lives.

3. Children’s Contact Services:

   • These services facilitate safe interactions between children and parents (or other family members) in situations where direct contact may not be suitable due to safety concerns.

4. Child Support Scheme:

   • The scheme ensures that children receive adequate financial support from both parents.

Conclusion

The Family Law Act 1975 provides a framework for addressing parental responsibility, financial obligations, and support for children in cases of separation. Its primary goal is to protect children and ensure their well-being by fostering meaningful relationships with both parents while prioritizing safety and the child’s best interests.