Subject to court order, each parent has parental responsibility for a child who is not 18 years old.
Lot of people still call it “custody” of child. It is now referred as who the child “lives with” and who they “spend time with”.
Children have the “right” to know and be cared by “both” parents.
Parents must first attend mediation with a Family Dispute Resolution Practitioner and obtain a “Section 60I Certificate” before an Application to Court is made.
It is not about the parents. The Court is required to consider “the best interests of the child as paramount.”
A parent, the child, a grandparent or any person concerned with the care or welfare or development of the child can make application for parenting orders.
The Court default position is that parents have equal parental responsibility for these decisions. This of course changes if the child is at risk of abuse or family violence, where there is high conflict between the parents and views of the child.
Call us for an obligation free consultation on (02) 9891 2636
By: Ajay Singh – LL.M & Nationally Accredited Mediator.
