After becoming a Christian during a separation, a mother navigates her son's wish to embrace Christianity at age 13, despite the father's atheism. This scenario raises questions about a child's capacity to make informed decisions about faith.
 

The Family Law Act 1975 in Australia primarily governs the legal aspects of parenting, emphasizing the best interests of the child in determining parenting arrangements, responsibilities, and rights. Here's a general overview of the process and relevant information:

Parental Responsibility and Parenting Orders

Parental responsibility in Australia includes making decisions about a child's welfare, such as their education, health, and housing. This responsibility is generally shared by both parents unless otherwise ordered by the court. Parenting orders, on the other hand, are legally binding decisions made by the court about where a child will live, the time they will spend with each parent, and other aspects of their welfare. These orders are designed to provide clear, enforceable guidelines for parenting post-separation

Parents can object to proposed parenting orders by presenting their concerns during the court process. If an agreement can't be reached through mutual discussions or mediation services, a family law court will make a decision based on what is deemed in the best interests of the child. This could involve assigning parental responsibility to one parent or altering existing arrangements to better suit the child's needs

Before applying to a court for a parenting order, parents are generally required to attempt family dispute resolution. This is a mediation process intended to help parents resolve disputes about their children without going to court. If resolution is not achieved, the matter may then proceed to court where a judge will make the necessary orders based on the child's best interests

Recent amendments to the Family Law Act have aimed at simplifying the processes and prioritising the child's best interests, particularly removing the presumption of equal shared parental responsibility. This means that the court no longer automatically assumes that decision-making about the child's major long-term issues should be shared equally by the parents, allowing more flexibility to tailor orders to the child’s specific needs

Legal Disclaimer

Please note that this information is a general guide and not a substitute for professional legal advice. Specific cases can vary significantly, and it is recommended to consult with a family lawyer who can provide guidance based on the details of your situation.