What Happens To Assets Such As The Family Home During Separation And Divorce?

 

Reflection is essential in the case of a divorce situation. As you file for separation and divorce, a short statement is issued during the process to determine whether reflection has been considered by both parties or not. This again includes other things like what the result of this reflection is and other things. In each of the cases, there is not timing barricade, but the lookout point here is the area of reflections. As you are here with the questions, get through the different reflections that you will have to face and answer. The Judgment of the High Court in Stanford v Stanford saw a complete re-think of how to approach the division of assets after separation.

Common Reflections you have to Answer

While you fill up the divorce case and the suit is one, the judge of the court will be carrying on different processes, one o which is the reflection of the couples. Reflections are the things that the couples must consider in their life and about their life, while they are going for a separation. How their life would be and what are the basic reasons for their divorce and how they will manage their responsibilities after being separated, these are the few common areas that the court plans and thinks off, and that every part is called the reflection. Here are the common reflection areas that you will age to face at the court –

Why are you going for a Divorce?

The first and the foremost thing that you will have to reflect upon is the reason for your divorce. What are the problems you are facing from your spouse, whether that is psychological or is financial, and what you both have done to resolve the issue – these are the things that you will have to reflect on while answering the questions.

While trying to answer the conditions, you also need to refer someone at times. When that is a psychological issue, whether you have counselled with some of the psychologists or not, and when that is merely a financial issue, whether you have counseled with some of the lawyers – these few things are to be considered and declared while the divorce case is under process.

The court has to be satisfied with the effort that you both have made. If it is not the case, the court might initiate some process to solve the divorce case with mutual understanding, where a psychologist or a lawyer might be initiated to solve the problems. If those efforts are unable to resolve the case, then the reflection is over and you will be going ahead with the divorce.

How will be your Post-Divorce Life?

This is the area that typically includes the psychological aspects of the couple. The financials are also entertained, but they are segregated to some other aspect. Hence, while life after divorce is to be reflected, it is essentially pointed towards the mental state of the couples.

It has been found that most of the time the decision of separation by the couples are taken at the heat of the moment and while time goes after the divorce, they feel the need of the other person and unavailability of the same makes the situation gradually insane. In order to protect that, this reflection is stressed a lot by the court.

Here the court looks through the reports made by the psychologists, in order to find the mental state of the couples, while they made the decision to separate. The reflection of the couples, about their life after separation is also considered here. How much affection each of the partners is having for the other and whether they are willing to separate only because of their mental disturbance or that is a well sorted out issue is analyzed here.

If the court finds that the decision made is in the heat of the moment and each of the partners is well attached to each other and they are having the wish to remain together are to be adjusted here by the court. Hence, if you are serious about your divorce case, then reflect well on the matter.

What does Will Happen to your Kids after the Separation and Divorce?

This is another issue that is usually raised by the court. There are several things that are to be checked here –

The First of them is – with whom the kid will be there. Is he/she going to stay with the father or the mother? This is the thing that shows the intention among the parent, about the willingness to rake the responsibility of the kid.

The Second thing is that with whom the kid is attached. This is the thing that is going to state clearly with whom the kid must go.

The Third thing is – how much the kid is accepting the separation. Whether he/she is ready to stay with any one of the couples or he/she is /unwilling to lose anyone of his/her parent

The final aspect that is to be considered here is the financials regarding the kid’s future. How the expenses of the kid will be bored and by whom that is going to be bored are the things that are to be answered here. You also will never think to make the future of your kid get bogged down and the court being the jurisdiction of the country, will definitely think about the future of the kid.

What will be the Financial Conditions after the Divorce?

This is the final thing and the vastest of all the things which are considered in the reflection process for a divorce case. There are numbers of complications at this level and all of them are regarding the legal aspects, income, responsibilities, and property of each of the partners.

Here are some of the Conditions that are usually Considered and the Judge wants to see in the Reflections –

The financials of the husband and the wife and what exactly their income is – this is a declaration that is mandatory in the reflection.

From the second condition, come the aspects of financials, whether the income of the husband is enough to run the expenses of the wife or only the kids.

If the wife is an earning member, whether she is willing to bring up the kid and run all his/her expenses or she wishes her husband to take part in the expenses.

Whether the Husband wishes to Take part in the Expenses of the Kid or not

Is there any parental property of any of the couple? If it is there, whether the property is an asset that has to be liquidated later on, or that is it a liquid wealth like shares, cash, or some bank deposits? If that is the case, what must be the burden on the husband or the wife?

Read MORE – WHAT HAPPENS AFTER A DIVORCE CASE IS FILED?

Finally comes, the tenure of the financials – in most of the cases it is run till the period, while the partners go for a remarriage.

Conclusion

Thus are the differentials that you will face in the case of a divorce case as reflections. Court asks for those reflections at the time of suite. If you can produce those then the court will simply interrogate to know whether the reflections were made knowingly or unknowingly.

Once the court is satisfied with the reflections, it will proceed to the separation process. If that is not the case, then the court might keep the separation case pending too. So, it is better to go for counseling with the lawyer, as he/she will guide you in the entire process.

Article Source:  assets after separation

5 Tips For When You First Meet With Your Divorce Lawyer in Mackay

 

Finding the best Divorce lawyer in Mackay to understand and handle your situation and plans for the future, particularly regarding plans on divorce, can be quite challenging. Parenting issues, property arrangement, and settlement, spousal maintenance and other agreements need a concrete conclusion and requires expertise that only an experienced divorce lawyer in Mackay can understand. In this article, we will know the tips on how to prepare yourself for the first meeting with a divorce lawyer.

Finding a good divorce lawyer in Mackay can be complex because there are so many options. It may seem that it is a bit difficult to choose, but your success can depend on your choice of a divorce lawyer in Mackay. 

What happens in an initial consultation?

A good divorce lawyer in Mackay offers an initial consultation to get a broad view of how matters should be handled, as well as inform some opinion on your options (and possible cost scenarios). Once engaged, the first meeting will bed out all the details and bring the circumstances into order. 

What to do before your first meeting?

As with most things in life; time is money. In this sense, it is important to collect your thoughts before starting the inquiry process. 

When you meet your divorce lawyer for the first time, it is important to be ready to discuss your concerns and the questions that need to be addressed. There will be general questions that a family lawyer will need to know to be able to properly form an opinion. Information such as the date of your marriage, commencement of shared living arrangements, children (if any), and an overview of your financial assets, and even liabilities and debts. Matters that involve child custody, financial support or any other property or related issues will be factored in. So what else can be done?  

1. LIST ANY POSSIBLE QUESTION YOU MIGHT HAVE

It is natural that you have a lot of questions in mind, however, you may not be able to raise all questions once in an initial meeting.  To prepare best, keep a list handy with you to make notes or jot down questions that may spring to mind. Later, you can collate these questions and work out the most important answers you need and focus on these. This will help the meeting to remain on topic and ensure you maximize your limited time with the lawyer. Remember to dominate the listening where possible and always be truthful (rest assured, everything shared is strictly confidential). 

2. READY ALL YOUR FINANCIAL DOCUMENTS

Finances are one of the major issues that divorce lawyers can help to clarify. Your family lawyer needs to understand the process involved, and the possible outcomes and costs needed to move forward. Strategy can change depending on the information presented at this time.

3. PREPARE YOUR TAX AND BANKING DOCUMENTS

Your tax return documents can help your divorce lawyer understand the income details and comprehensive financial documents will ensure the process is streamlined and strengthen your case significantly.

4. WRITE ALL NECESSARY INFORMATION ABOUT YOUR MARRIAGE, AND WHY YOU NEED DIVORCE

To commence the process of separation or divorce it is important that things are clear in your mind. Is this a permanent and irrevocable split? Write a list of reasons and see how it stacks up. This will help you quickly explain your situation when you are in front of the lawyer as well.

5. BE HONEST TO YOUR DIVORCE LAWYER

It may seem uncomfortable to open up to someone, but your divorce lawyer needs the true story. There are plenty of details of your marriage that may be sensitive and hard to share, but to be completely honest with your attorney can be very helpful.  Keep in mind that once you miss out on any important detail with your lawyer, you may hear it from your ex-partner’s divorce lawyer in front of a Judge. Being truly honest with your lawyer is the best way to ensure things move forward in your favour. Honesty is the best policy.

Family Lawyer Mackay’s highly skilled and experienced divorce lawyers can deliver robust support to your situation. We provide personal guidance throughout the entire process letting you understand where things stand. Let us do the heavy lifting for you.

Article Source: best divorce lawyer brisbane

Protecting Children’s Privacy | Family Lawyers Mackay

 

Children face a serious problem with the introduction of technology into their daily lives. When it comes to online privacy, there are many issues that we all are facing. The concept of data ownership is not sufficient to protect children’s privacy rights.

The internet is a massive ocean of knowledge about numerous things. It’s a magical and wonderful place full of interesting content (like this blog post).

Sadly though, not all information is fit for children’s viewing. There are many, many topics and websites which are not suitable for children, and not legal for children to access because they have not reached the age required to understand and process the information.

Why are Children’s Privacy Rights & Online Protection Needed?

• When a child sits in a certain age bracket, they should be shown appropriate content to help them to, learn, play, and grow healthy mentally, and physically. Adult content, political news, crime, and other material should be blocked where possible.
• Child Support and online protection can be deployed to limit the use of social media, which may contain adult content or such content that is not age-appropriate. There are many social media networks that have created some protocol to have child safety Mackay. Limiting communication can stop outside contact in conjunction with child education.
• Crime news and adult-related news and information can confuse and upset younger viewers that cannot understand the broader story.
• child safety Mackay online is a natural extension of our everyday role in caring for the next generation.

What Preventive Measures for Child Privacy Protection has been taken by Broadcasting and Social Media Companies?

• Broadcasting companies have led the charge for censorship, privacy, and protection for younger views and most modern providers feature a ‘child lock’ system to limit adult programming where required. This can be used to lock channels that provide content not suitable for a child. Parents can put a “lock” channel so that their child may not get to see any other channels. This is a big step to keep the kids safe from adult content.
• Social media companies are also aware of the issue. For example, Facebook doesn’t allow users to create an account for those under 13 years of age. Likewise, many social media networks allow for complaints and other banning and suspension tools that reduce abuse.

How are Kids Misusing and Violating the Protections?

The modern generation child can be technically savvy. From time to time, they use their skills to contravene the rules that have been set. It is in a kid’s nature to see what they can get away with too, right? 

• Services require a password. This can be circumvented if they see it being entered in… so be careful. 
• In social media, users under 13 aren’t allowed to register? No problem, they don’t verify details so just use a later date. Check activity. 

What Can You do?

• Make sure your child understands that every age has its limitation on what content can be viewed.
• Put a child lock password on your system.
• Ensure you have all passwords and make your child promise to keep you updated on changes to the password.
• Educate your child about the dangers that may await online.
• Limit your own access to adult related content when your children are within the vicinity.
• Show your children some places to go that will provide fun, safe, and reliable content.

Article Source:  child safety Mackay

Love and Marriage – What happens when it all falls apart?

 

The world is full of people who have different concepts and thought processes around what love is, and what it means to have a special and committed relationship. But what happens when love and marriage fall apart?

What is a Legally Committed Intimate Relationship?

Much like a common-law marriage, which is a legal status given to parties living in a relationship similar to marriage but without a formal ceremony or marriage certificate, committed intimate relationships also recognize the importance of long-term, committed, intimate relationships sustained between two unmarried people.

What is Marriage?

Marriage is an official tie-up between two people to spend the rest of their life together.

People of different religions make this bond in different styles but the legalities, under Australian law, remain the same. 

Do Love and Marriage Run Simultaneously?

Not always. There are different thoughts about marriage and love. Some people will say that love is not required to stay together (many times for the benefit of kids). Many people make the conclusion that if you love a person (and find a soulmate in your partner) then marriage is a requirement. Also not always the case. 

At times, committing to your partner is a way to make your bond stronger. Do you know why people say love and marriage go together like a horse and carriage? Because if you are in love with a person, then the marriage can be a good way to start to plan your future life together. 

What Happens when things go wrong?

Despite the strongest love, life can change in mysterious ways. In this situation, there can be a breakdown in the family unit and a partnership may dissolve. This calls for an amicable, and legal separation that is fair to all parties. This needs to be validated by a Court in most cases.

Can Family Lawyers Help?

Yes. Family lawyers serve a wide range of purposes for relationships that are in the throws of ending. A range of options may be available to all parties and experienced legal advice can make a significant difference to the case. Arming yourself with knowledge, and strong advice is critical.

What’s the Bottom Line?

Marriage and love are always going to be intertwined and this only serves to complicate the process of resolution. Early legal advice from an experienced and collaborative family lawyer will ensure all parties are given the best opportunity for fairness.

Article Source: Love and Marriage – What happens when it all falls apart?

Co-parenting time with your children – The importance of parental communication

 

Watching them break down a relationship between parents can be very tough for a kid. Many co-parents don’t appreciate that their conflict may have adverse psychological effects on children. Co-parenting in Australia is about improving the lives, personal situation, and big changes that affect their future. Rules, living environments, and many other circumstances can change wildly and very quickly. It can be deceptively complex to set up the right plan during a separation. This article helps to outline the key issues you should consider when forming your co-parenting Australia plan.

What are the adverse effects on a child after the parent’s divorce?

There are various adverse effects that a child may face after parents split, and these will vary from case to case.

•  Anxiety: After the split-up of parents most kids face some element of anxiety issues. Many react by thinking that as their parents are separated and their family has been divided into ‘halves’, then they will also get separated (or split) from the rest of their family. They also get anxious about not being loved that much by one or both parents. Many will describe their situation as not having a happy family.
• Constant stress: Most parents don’t understand the impact on how responsibilities change and this stress may lead to insecurity.
• Mood swings and irritability: Worryingly, some children become more irritable for a period after their parents’ divorce. Likewise, both parents may also experience irritability and this adds to the stress of the moment.
• Anti-social behaviour: The changing circumstances can take up time and result in new and old friendships changing. This can result in a child thinking it’s all too hard to go out and make friends. Encourage sports or other interests.
• Troubled relationships: As they may become less confident in their situations, they may start having difficulty bonding with peers and friends.
• Susceptibility to substance abuse: It is a statistical fact that trauma can lead to increased susceptibility to substance abuse.
• Educational delays: Mental stress can reflect in school results as well as an inability to concentrate.

Why is positive communication needed between parents after divorce?

Two people alone can decide on the impact of their actions. They can choose to minimise the impact or to increase it unnecessarily. People that opt to communicate positively about the other party and the situation (this includes discussions with children directly), or just as easily can talk negatively and create more confrontation.  This includes any settlement negotiations.

The fact is, if you want to minimise any adverse effect on kids, then before, during and after divorce or separation you need to be in a positive frame of mind to effectively raise your kids in a healthy environment. Your kids should never feel the absence of any of their parents or their ‘family unit’. Connections are critical. If you stay in contact and communicate well with your co-parent (keeping your differences aside for the sake of the children), then you can give them the best chance. Don’t forget to seek professional counselling or advice for yourself or your children and speak with your GP for more help.

What are the benefits of positive communications between parents after separation & divorce?

If a parent is communicating well and devoting time to their kids after splitting, then there are many positive short and long term benefits that can be realised.

• A happy parent raises a happy child.
• Double parenting-power.
• Quality time, over quantity time.
• Kids learn from their mistakes.
• Put the focus back on the kids, not on relationship drama.
• Everyone can move on.

Seek professional help…

They may not understand the complexities of life in full just yet, but our children are a critical part of our life and they need both a fathers’ and a mothers’ attention, devotion and love. Working out a co-parenting Australia plan is more straightforward when the separation is amicable. Split Easy makes the process easy through an online platform, that asks some simple questions so you can achieve the right balance for everyone.

Article Source: Child Support

Co-parenting time with your children – The importance of parental communication

Many couples separate and will agree on what they wish to happen in relation to a distribution of the asset pool (such as a property settlement) and, if there are children to consider, the arrangements they wish to put in place for the children’s future.

When couples are in agreement the options for formalizing the property settlement and arrangements for the children are:

• Consent Orders
• Parenting Plans
• Financial Agreements

These options are discussed in more detail under the children and financial issues sections of our website.

WHAT HAPPENS IF COUPLES ARE UNABLE TO AGREE ON FINANCIAL AND CHILDREN’S ISSUES?

There are a number of ways to resolve differences after a relationship has broken down.

• Counselling
• Collaborative Practice
• Mediation
• Family Law Litigation

 

1. Counselling

Counsellors can help you to work through problems after the break-up. You can find qualified counsellors in private practices, as well as in government and community-based organisations.

Counselling works best if you and your partner attend sessions of your own free will. However, if you and your partner go to the Family Court, you may be ordered to attend Counselling before a decision is made by the Court.

If Counselling does not prevent your relationship from breaking down it can still help with resolving emotional issues that result from the Divorce. It is a good idea to shop around to find a counsellor with whom you feel comfortable and confident.

2. COLLABORATIVE PRACTICE – THE NEW ALTERNATIVE TO LITIGATION

Collaborative practice is a popular dispute resolution method developed in the United States in the early 1990s. It has gained rapid popularity in the United States, the United Kingdom and Canada. Now Collaborative practice is available to help people in Australia.

Benefits of Collaborative Practice

• You have the benefit of being advised and supported by your lawyer at all times.
• The outcomes are generally faster than traditional negotiation methods and most certainly quicker than court outcomes.
• The outcomes are certain and long-lasting because they are owned by you as you assisted in creating the outcomes.
• The process promotes co-operation in the future particularly where long-term investments are involved.
• Resolutions are reached in a dignified and respectful way.
• The outcomes are often tailor-made and more creative providing fairer settlements.

 

The collaborative practice may be suitable for you and your partner if both of you:

• Wish to spare your children from the emotional damage litigation can cause.
• Accept personal responsibility in moving forward and reaching agreement.
• Believe it is important to create healthy and more holistic solutions for your futures.
• Understand and embrace the necessity to make full and frank disclosure about financial issues.

Collaborative practice may not be suitable for you and your partner if either of you:

• Have a primary aim to seek revenge against your former spouse or partner.
• Are looking for a “soft option”.
• Believe the procedure will pressure your spouse or partner to agree to your wishes.
• Want to avoid giving certain financial information to your spouse or partner.
• Where your relationship has experienced domestic violence or any form of abuse. If this is the case, the lawyers will first have to determine whether Collaborative practice is appropriate. It may be that other professionals are required to be involved to assist and support you through the process and to ensure that your interests are promoted and protected.

 

Make your own decisions

The Collaborative approach will enable you and your partner to resolve your issues respectfully, so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved. In the Collaborative practice process, emphasis is placed on reaching an agreement, rather than having to ‘battle it out in Court’.

Commitment to the non-confrontational dispute resolution

In the Collaborative practice you will be asked to sign a Participation Agreement so that you demonstrate your commitment to resolving your differences with your partner in a respectful manner, with full and frank disclosure of information and with a minimum of conflict. Open communication will build an environment of trust. This trust will help you, your partner and both of your lawyers to work together in finding workable solutions to your dispute.

In Collaborative practice, you and your partner and your lawyers will work together to share information and to arrive at solutions through a series of meetings. Your lawyer will never negotiate deals without your active participation. A major benefit of Collaborative practice is that you and your partner can each contribute to the compromised agreements that you make together, instead of having to settle with a decision imposed upon you by the Court.

Total ‘out-of-Court’ settlement with Collaborative practice

At the commencement of the collaborative process all parties and their lawyers will enter into a Participation Agreement. Pursuant to the terms of the Participation Agreement the parties agree that they will not litigate their matter in the Family Court. This means that if either you or your partner decides to commence proceedings in Court and continue with such proceedings during the collaborative process, your collaborative lawyer will not be able to represent you in the collaborative process they will only be able to refer you to another trusted practitioner to handle your Court case.

How does it all work?

Collaborative practice is different from going to Court. You will be in a room with your lawyer as well as your partner and their lawyer. Both lawyers will be properly trained in the collaborative approach. We all work together towards the common goal of resolving the dispute between you and your partner, with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout the negotiations. The playing field will be more even between you and your partner, because you and your partner will have your respective lawyers to support you, as well as other professionals if necessary and with your consent.

The integrated approach of Collaborative practice

Collaborative lawyers often work with other professionals, such as accountants, financial planners, valuers, counsellors and mental health professionals, who are trained in the collaborative approach. These people will work together with your collaborative lawyers with your consent with a focus on developing an overall dispute resolution package that will provide both you and your partner with security and direction.

Note: In Collaborative practice, your lawyer and your partner’s lawyer will draft your agreement in legal terms.

3. MEDIATION

What is Mediation?

Mediation is a voluntary process (however, the Family Court may order that you and your partner participate in mediation, depending on your circumstances. Only you, your partner and the Mediator will be part of the Mediation process. Depending on the level of conflict and personal dynamics of the relationship between you and your partner two Mediators may be necessary.

If the Family Court orders mediation or you and your partner agree, you may be allowed to have your lawyer present in the mediation. The Mediator’s role is to assist communication between you and your partner so that you can have open discussions and negotiate a settlement.

4. Family Law Litigation

Family Law exists to deal with legal issues resulting from Divorce. Our Director Ian Field is a highly experienced and fully accredited Family Law Specialist. Family Lawyers Mackay can provide you with advice that will empower you with knowledge of your legal rights and obligations following the end of your relationship. Our advice to you can also assist you in negotiating a settlement with your partner because you will have better knowledge of how to effectively deal with your partner’s needs and requests.

The Family Court of Australia (soon to merge with the Federal Circuit Court in 2019)

The Family Court of Australia is the final resource available to you to reach settlements on issues in dispute. The Family Court is conscious of the expense involved in resolving issues and the emotional turmoil that is normally associated with the breakdown of a relationship. The Family Court will make orders on matters requiring urgent attention.

Financial issues relating to marriages can be brought before the Family Court:

• At any time after separation; and
• Up to 12 months (1 year) after the granting of the divorce.

Financial issues relating to de facto relationships can be brought before the Family Court within a period of 24 months (2 years) after a separation of the relationship.

Parties who wish to make an application in relation to children’s issues (other than an Application for Consent Orders) must first participate in family dispute resolution in an attempt to resolve the care arrangements in relation to children. A party must file a mediation/counselling certificate together with their application for children’s orders unless one of the following circumstances apply:

• The matter is urgent;
• One or both parties are unable to participate in family dispute resolution;
• There has been or is a risk of family violence by one party of the parties; and
• There is a risk of abuse of a child/children by one of the parties.

 

The Federal Circuit Court

The Federal Circuit Court offers a Court system parallel to the Family Court. This Court also has other federal jurisdiction, including bankruptcy. It combines its federal jurisdiction with family law matters

The purpose of the Federal Circuit Court is to provide a faster, less expensive and less complex option for litigants and also to ease the workload of the Family Court. This allows the Family Court to focus on complicated matters that require the attention of a superior Court Judge.

The use of conciliation counselling and mediation will be strongly encouraged in appropriate cases, using both community-based counselling and mediation and the Family Court services.

The Federal Circuit Court shares its jurisdiction with the Family Court and the Federal Court. The Federal Circuit Court legislation includes provisions that enable the Federal Circuit to develop procedures that are simple and as efficient as possible, including the power to make rules to set time limits for witnesses and to limit the length of both written and oral submissions.

Costs of Proceedings in the Family Court or the Federal Circuit Court

Normally, each party pays their own costs associated with the Court proceedings. In some instances, a party may seek a ‘Costs Order’ against the other party in their application brought before the Court.  The Courts do have the discretion to award costs against the other party in certain circumstances.

Costs may be awarded where the proceedings that have been instituted are frivolous or for some other reason the party was unreasonable in opposing or bringing applications. Costs are awarded on the actual work relating to the Court proceedings and are based on the Family Court scale, at the discretion of the Court or an indemnity basis.

Fact: An overwhelming majority of cases are resolved by agreement between parties and historically, only 4% of matters in the Family Court have required a judicial decision.

Marriages Families and Separation factsheet 

Article Source:  Separation And Divorce

 

Being a parent is hard work! One is expected to be responsible for a child’s wellbeing, education, development, security, and safety. This is your “parental responsibility”. It is the parents’ responsibility to decide and make an arrangement aligned to the “best interests of the child”. Equal shared parenting in Mackay is the best for children’s health!

WHAT IS EQUAL SHARED PARENTING?

Whether the parents remain together or become separated, they each have parental responsibility to their children (until the child reaches the age of 18). 

Parental responsibility refers to all the powers, duties and authorities given to parents over their children. Whether the parent is married, separated, re-marrying, if the child is below 18 years old, parental responsibility is applicable. This law is defined in the Family Law Act 1975.

Equal shared parental responsibility refers to both parents sharing the major long-term commitments to care for their kids. The agreement may include various issues including (but not limited to), such as:

• The child’s medical and health concerns
• The child’s religious upbringing
• The child’s cultural upbringing
• Education (both current and future)
• The child’s name and
• Living choices such as living arrangements that make it significantly complicates the child’s spending time with a parent.
• The child’s dietary preferences, choice of lifestyle, sexuality, clothing and general day-to-day decisions (such as sporting activities).

IN THE BEST INTERESTS OF THE CHILD

For obvious reasons, generally, it is in the child’s best interest to have a harmonious relationship with both parents. However, settling a marriage or relationship can be difficult and this may include issues relating to a child’s custody arrangements.

NOTE: There are cases when a court will assume that the child’s best interest to not see one or both of the parents.  

Each parent must bear the “Best Interests of the Child” principle in negotiating parenting agreements or settlements.

This law was clarified in the Family Law Act 1975 such as:

• Each parent are responsible for the welfare and security of the child until 18 years of age; and
• Responsibilities and cooperation included in parenting arrangements are shared responsibilities between both parents aligned in the best interest of the Child.
• The court asses the Best Interest of a Child on Primary Considerations Second Consideration and other Additional Consideration. 
• Primary consideration refers to the child having a valuable relationship with both parents.
• The Second Consideration refers to the need to secure the child’s protection from psychological or physical harm and prevention from exposure to abuse, neglect or family/domestic violence.
• The Court puts greater weight on the second consideration as it is aligned to the need to protect the child from harm and abuse.
• Additional Considerations takes place by looking at the whole range of factors determining the best interests of the child.

Read More on Our Article Relating to Child Support

PRESUMPTION OF EQUAL SHARED RESPONSIBILITY

The presumption of Equal Shared Parental Responsibility happens when a Court is asked to decide to make a Parenting Order for a Child. 

The whole concept of parental responsibility was laid out into the Family law act, which draws attention apart from the rights of the parents unto their children, and onto parents’ responsibility to give necessary and appropriate for the children.

The main point in making this responsibility is through making sensible decisions about the lives of the children and their future.  

If it is not in favour of the child’s wellbeing, the court decides with the presumption of equal shared parental responsibility. 

Q: How is it different from just parental responsibility?

A: Parental responsibility is subject to court orders.  

Equal shared parental responsibility means that both parents decide for the major long-term unanimously

Both parents are required to make a valid effort to consult each other and arrive at a sound decision.

PARENTAL RESPONSIBILITY & EQUAL SHARED PARENTAL RESPONSIBILITY

Equal Shared Parental Responsibility is assumed to be that a child will spend equal time with each parent when they separate. This is sometimes not the case.

These grounds can be proven wrong in some situations, such as when one parent has exposed the child to abuse or domestic violence or where the Court declares that the living arrangements and overall situation would not be in the best interest of the child for the parents to share equal parental responsibility.

Shared parental responsibility deems that the consideration of the Court will issue orders that adhere to the child in the best interest.

Some cases need equal parental responsibility, however, when only one parent has a responsibility, for example, in case of death or another issue, then only one parent is given sole parental responsibility. This means that the sole parent chooses and cares for the child’s needs and does not need the approval, or oversight of the other parent.

Child behavioural psychologists agree that young children need the assurance of an identifiable primary caregiver, where they have stability and security for a long period of time. In this regard, the Court is oftentimes hesitant to make orders to matters that concern a very young child regarding equal shared parenting.

However, as the child grows older the Court will tend to allow more equal arrangements normally. For example, this may mean, if a teenager, expresses a firm preference in favour of a particular parent, for a lawfully valid reason, the Court is unlikely to make orders that are opposing those wishes.

CONCLUSION

It is important that all parents clearly understand the concept of shared responsibility, and this includes other relatives and parties to the arrangements. 

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