When parents go through a divorce, it can be a challenging time for everyone involved, especially children. In New South Wales (NSW), the law prioritises the best interests of the children involved, and there are several important things to know about how the legal system addresses these matters.
1.Best Interests of the Child
In Australia, family law is based on the principle that the best interests of the child should always come first. The Family Law Act 1975 outlines specific considerations for determining what is in the best interest of a child, which include:
- The child’s safety and protection from harm.
- The child’s relationship with both parents, and the willingness of each parent to support the child’s relationship with the other parent.
- The child’s views, if they are old enough and mature enough to express a preference.
- The child’s needs, including physical, emotional, and educational needs.
- The impact of any family violence or abuse on the child.
2.Parental Responsibility and Custody
In Australia, both parents usually have shared parental responsibility for their children, which means they are both legally responsible for making decisions about their child’s upbringing, including education, health care, and religion.
When parents are separating or divorcing, the court generally prefers that both parents continue to have a role in decision-making and the child’s life. However, this doesn’t always mean that the child will live with both parents equally. The court will consider practical arrangements, which may include:
- Living arrangements: Where the child will live and how time is spent with each parent.
- Time with each parent: This could involve shared time, primary care, or a different arrangement based on the child’s needs and circumstances.
3.Parenting Plans and Court Orders
If parents can agree on how they will care for their children after a divorce, they can create a Parenting Plan. This is a written agreement that outlines the arrangements for the child’s care, which can cover things like living arrangements, time with each parent, and schooling. Although Parenting Plans are not legally binding, they can be a useful guide for parents.
If parents can’t agree, they may need to apply to the Family Court for orders about parenting arrangements. The court can make a Parenting Order, which is a legally binding decision regarding where the child lives and how time is shared between parents. Before making these orders, the court often requires parents to attend mediation to try to resolve disputes without going to court.
4.Family Dispute Resolution (FDR)
Before applying to the court for a Parenting Order, parents must generally attempt Family Dispute Resolution (FDR), which is a form of mediation. FDR is aimed at helping parents reach an agreement outside of court. If mediation is unsuccessful, the mediator will issue a Certificate confirming that the process has been attempted, which is needed for court applications.
5.Impact of Divorce on Children
Divorce can be difficult for children, and their emotional well-being should always be a consideration. Children may experience feelings of sadness, anger, confusion, or anxiety during and after a divorce. Here are some ways to support children through this process:
- Keep communication open: Let your children know that it’s okay to express their feelings and concerns.
- Encourage positive relationships: Support your children in maintaining strong, healthy relationships with both parents.
- Stability and routine: Try to maintain as much stability as possible for your children, including regular routines and familiar environments.
6.Family Violence and the Impact on Custody Arrangements
If there are concerns about family violence, this is a critical issue the court will consider when determining parenting arrangements. Safety is paramount, and if there’s evidence of abuse or violence, the court may limit contact between the child and the parent who has been violent, or impose conditions on how and when the parent can spend time with the child.
7.Child Support
In addition to parenting arrangements, you’ll need to consider child support. This is a financial contribution that helps with the child’s care. The Department of Human Services (DHS) can help determine the appropriate amount of child support, or parents can agree to a private arrangement.
8.Seeking Legal Advice
Going through a divorce can be complicated, and it’s important to understand your rights and obligations as a parent. Legal professionals can help you navigate the process, whether it’s to ensure a fair parenting arrangement or to protect your child’s best interests. In NSW, family lawyers can provide tailored advice on divorce, custody, and other issues that arise when children are involved.
Divorce and separation are emotional experiences for everyone, particularly children. If you’re going through this process in Australia, it’s important to seek legal guidance, stay focused on your child’s well-being, and explore all available options to resolve disputes amicably.
For further assistance, consult with a family lawyer or mediation services to ensure you and your child are supported throughout this challenging time.